What Type VISA I should select for?

[Vegat Owen 0]

I'm from India and I would like to get Working VISA to the united states.

I have an offer from one of my client, who is willing to hire me as an in house staff. I have been working as an internet marketing professional, got 5+ Years experience.

I haven't completed my Bachelor's Degree, So I wonder which type of VISA i should select for. Kindly advice.

[bt1 42]

I'm from India and I would like to get Working VISA to the united states.

I have an offer from one of my client, who is willing to hire me as an in house staff. I have been working as an internet marketing professional, got 5+ Years experience.

I haven't completed my Bachelor's Degree, So I wonder which type of VISA i should select for. Kindly advice.

Are you saying you got a job offer? If so, what is it specifically? Usually work visas are for specialized jobs, the kind you need an advanced degree or similar. You can't get it for a general thing that anyone in the US can do. I came to the US 12 years ago on a work visa, but I have a PhD in medicine. Maybe someone else can advise you better, but I think work visas are very difficult to get unless you have special skills/degree.

[mrs.smithelia 2]

Hey there! Your employer has to file for you. There are visas for temporary and permanent workers. Most of these visas require a labor certification, this is a process through which they have to prove that they are hiring an alien because there are no US workers in the area that can fill that position. You can find more info here http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a39e901bf9873210VgnVCM100000082ca60aRCRD&vgnextchannel=a39e901bf9873210VgnVCM100000082ca60aRCRD

Edited February 15, 2013 by mrs.smithelia

[Vegat Owen 0]

Are you saying you got a job offer? If so, what is it specifically? Usually work visas are for specialized jobs, the kind you need an advanced degree or similar. You can't get it for a general thing that anyone in the US can do. I came to the US 12 years ago on a work visa, but I have a PhD in medicine. Maybe someone else can advise you better, but I think work visas are very difficult to get unless you have special skills/degree.

Yes, I got a job offer from my client. My current company designation is Senior SEO Analyst (internet marketing). I got 5+ Years experience in this designation and the client is ready to hire me. The problem is i haven't completed my Degree (completed the course but). So I'm really worrying about VISA.

While I google for Visa process I got these two links

uscis. gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=74da83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=74da83453d4a3210VgnVCM100000b92ca60aRCRD

uscis. gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=74da83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=74da83453d4a3210VgnVCM100000b92ca60aRCRD

First one is for Permanent and second one is for Temp. Not sure which I'm eligible for.

[Vegat Owen 0]

Hey there! Your employer has to file for you. There are visas for temporary and permanent workers. Most of these visas require a labor certification, this is a process through which they have to prove that they are hiring an alien because there are no US workers in the area that can fill that position. You can find more info here uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a39e901bf9873210VgnVCM100000082ca60aRCRD&vgnextchannel=a39e901bf9873210VgnVCM100000082ca60aRCRD

Yes, i have noticed that that My client has to file a petition, though under which VISA type he has to file. That's what I'm wondering about.

[mrs.smithelia 2]

I think you were looking at the correct info. If they are hiring you as a permanent worker for skilled labor (something that requires specific training), they should go for EB3/skilled workers. I know this has already been said but the big issue with this type of visa is having to demonstrate that there aren't US workers ready to fill that position. This is what the 'labor certification' is for. To apply for this visa, they have to submit form I-140 which requires the labor certification as supporting evidence. So, I think they need to start by taking care of that and then move on to the visa process itself.

[Vegat Owen 0]

So if I'm correct, I would need my client to file I-129, Petition for a Nonimmigrant Worker and then select H2B Visa. But still I'm helpless to make sure because would they need the Bachelor's Degree has to be completed to get eligible for that...

[mrs.smithelia 2]

Ok, you never posted anything about I129/H2B. You just posted a link for EB3. I was reading the requirements for H2B (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d1d333e559274210VgnVCM100000082ca60aRCRD&vgnextchannel=d1d333e559274210VgnVCM100000082ca60aRCRD) and India is not included in the list of eligible countries so you wouldn't be able to pursue this visa even if you had your degree

Edited February 15, 2013 by mrs.smithelia

[Boiler 45,314]

It is not your call, your Employer and their Lawyer will handle that aspect.

[aaron2020 11,651]

It's not simple to get an employment visa.

Your employer and his lawyer takes care of this. They have to advertise your job, get labor certifications that there is no US person who they can find to do the job, and give reasons why you need to be in the US to do the job.

Think of it this way - why would the US let you in to take a US job before requiring your US employer to find a US person who needs the job. The US is concern about US jobs for US residents. No reason to allow your employer to give a job to a foreigner outside the US before the US employer exhausts efforts to give the job to an unemployed person here.

It should not be your job to find this information. It your employer's lawyer who needs to take care of this.

Edited February 16, 2013 by aaron2020

[Boiler 45,314]

It's not simple to get an employment visa.

Your employer and his lawyer takes care of this. They have to advertise your job, get labor certifications that there is no US person who they can find to do the job, and give reasons why you need to be in the US to do the job.

Think of it this way - why would the US let you in to take a US job before requiring your US employer to find a US person who needs the job. The US is concern about US jobs for US residents. No reason to allow your employer to give a job to a foreigner outside the US before the US employer exhausts efforts to give the job to an unemployed person here.

It should not be your job to find this information. It your employer's lawyer who needs to take care of this.

Labour Certification depends on the visa category.

[LanaMay 5]

Your employer needs to talk to his lawyer about his offer and your situation.I do not think you can apply for work visa by yourself.Even if you get some valuable advice here it will not be enough to file all the paperwork correctly.It is long,complicated and expensive process.If you are really serious about it you need to get some real help.Good luck )))