Tourist -> Work -> Resident

[Maju 3]

My Brother In-law wants to come stay with us on a tourist visa. His intentions are to find a job while he is here, become a resident then bring his family here. I did some research( some conflicting ) and it seems like it's going to be complicated. Could someone please explain the process needed for this or tell me if this is even allowed? And how much time it will take?

[belinda63 3,047]

He will need to find a company to sponsor him for a work visa, it is processed in his home country. Some work visas have an avenue to become a permanent resident. Working while on a tourist visa is illegal.

Edited June 9, 2013 by belinda63

[Maju 3]

I thought it would be illegal to work while on tourist visa. Could he file for EAD as soon as he arrives? Would he need a sponsor for that too?

[belinda63 3,047]

He can't obtain an EAD on a tourist visa. He would have to find a company to sponsor him,

[CC90 90]

He cannot use a tourist visa with simultaneous intentions to stay in the US permanently.

Edited June 9, 2013 by CC90

[jenni17 36]

My Brother In-law wants to come stay with us on a tourist visa. His intentions are to find a job while he is here, become a resident then bring his family here. I did some research( some conflicting ) and it seems like it's going to be complicated. Could someone please explain the process needed for this or tell me if this is even allowed? And how much time it will take?

He could come on the tourist visa in order to job search... but he cannot work while on a tourist visa. If he finds a company willing to sponsor him he would need to apply for the work visa most likely from his home country given that the process will take a while and his tourist visa may not allow him to stay legally for the amount of time that it will take to get the work visa. However, having a work visa will not automatically make you a permanent resident.

[aaron2020 11,651]

My Brother In-law wants to come stay with us on a tourist visa. His intentions are to find a job while he is here, become a resident then bring his family here. I did some research( some conflicting ) and it seems like it's going to be complicated. Could someone please explain the process needed for this or tell me if this is even allowed? And how much time it will take?

Your brother-in-law's situation is not complicated at all. It's illegal, so no complication since he cannot legally do what he is planning.

Lots of people want to legally come to America. If getting a visitor visa was a path to living in the US, then why call it a non-immigrant visa? It is not for living in the US, the visitor visa is for short visits and then going home.

Unfortunately, your brother-in-law plan will not work and is also illegal. First, it is illegal to use a non-immigrant visitor visa to enter the US with the intent to immigrate.

Second, visitors are not allowed to work and they must go home.

There is no basis for your BIL to get US residency. No family can immediately sponsor him unless he has a US citizen wife.

Third, no legal employer can give him a job with work authorization. As a visitor, he cannot get EAD. B-2 status alone does not qualify him for an EAD.

It is not easy getting a work visa. The process for an employer to bring a foreign worker to the US is long. H1b visas for this year are gone. The next round does not start until April 2014. Then it's processed in Oct 2014.

Your BIL is planning to violate the term of his visitor visa and make himself an illegal alien in the US. He will not get legal status and there is no way for him to brung his family to the US.

Tell him that his plan is illegal. He can enjoy a short visit to the US. The visitor visa is not a legal path for him or his family to immigrate to the US.

Edited June 9, 2013 by aaron2020

[Gosia & Tito 199]

My Brother In-law wants to come stay with us on a tourist visa. His intentions are to find a job while he is here, become a resident then bring his family here. I did some research( some conflicting ) and it seems like it's going to be complicated. Could someone please explain the process needed for this or tell me if this is even allowed? And how much time it will take?

Not that simple, in fact, quite difficult, unless he happens to have a rare skill that is in high demand.

Nothing illegal to look for a job while on a tourist visa, but he has several things against: a company offering him a job will have to file a work authorization petition, which means they will have to prove that they cannot find anyone in the country with the required skills. Even if they could prove that, it would take some time. This time could be reduced by priority processing (which means additional $$).

Here are some considerations:

The job market is better now, but positions are not yet abundant; most times, companies would want someone that can start rather quickly. There might not be any work visas left until the next year (which starts in October). The past few years, all available visas were scooped up in the first weeks.

How would he fare in background checks given that thre might not be any history of him here?, How would he do a drug screening, if required by company.

Last but not least, What would he say at the port of entry when CBP ask him the purpose of his visit? The minute they hear 'looking for a job and stay' he would be put in the flight back, not saying it woyuld be later used as misrepresentation.

Quite difficult as I said. Then, let's say that makes, becoming a resident would also take years and is one thing for a company to sponsor a work visa and another a GC. Work visas have a maximum time.

First thing I would advice is to asses his professional credentials against what the demand is in the US. Next, the maximum stay on a tourist visa is 6 months, after a couple of entries, someone is about to ask what is he doing coming and going. It's possible he's thought he could do some basic job under the radar while a real one comes up, rather than live off you; that would be illegal and could come bite him back.

Here is an idea: have him look at the job boards and see by himself how he fares, realistically. Moreover, he can get a VOIP phone with a US number for interviews; that will also give a very realistic view of how his skills fare; without the high cost of getting himself here. Assuming he's looking for a professional position, in most cases, first interviews are on the phone. Only when the candidate is in the final cut is when people want to get them in person.

Another possiility, if he is not too old, is to apply to study a masters degree in a college here. If there is one in the area you live, and you are good with him living at your place, that would be a real good help. Not only he would get credentials, but also the possibility of working in campus, legally to help support himself.