Which visa?

[lynndy38 64]

Hey guys......

Got a question.

How could a UK resident move over to the US via finding a job in the USA?

Because Ive been through the visa process Ive had a friend contact me with questions.......

Theres a relationship, but they're under the illusion that if he finds a job in the US he can just move over and they can marry at a later date if they choose to.

Ive told them it is WAY more complicated then that. Ive given them details of this web, but as Im being asked questions I just thought I'd post......I don't want to give the wrong advice.

So.......whats the options for moving over to be with your US partner?

If you secure a US job does the employer have to sponsor you?

Can someone advise or lead me in the right direction please?

Thanks guys

[Harpa Timsah 13,258]

If you can find a job that wants you, and if you qualify for the visa requirements, the employer can sponsor you for a visa yes. Most common is H1B but it is usually sold out in a day. If he works for an international org a L transfer visa is good.

The links on the left on this page would be a good place to start. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=838e2f8b69583210VgnVCM100000082ca60aRCRD&vgnextchannel=838e2f8b69583210VgnVCM100000082ca60aRCRD

[jaycali 415]

Hey guys......

Got a question.

How could a UK resident move over to the US via finding a job in the USA?

Because Ive been through the visa process Ive had a friend contact me with questions.......

Theres a relationship, but they're under the illusion that if he finds a job in the US he can just move over and they can marry at a later date if they choose to.

Ive told them it is WAY more complicated then that. Ive given them details of this web, but as Im being asked questions I just thought I'd post......I don't want to give the wrong advice.

So.......whats the options for moving over to be with your US partner?

If you secure a US job does the employer have to sponsor you?

Can someone advise or lead me in the right direction please?

Thanks guys

Generally:

1. Hold at least a bachelor's degree or US equivalent.

2. Get a job in the US, requiring at least a bachelor's degree or US equivalent.

3. Have the employer sponsor you - The employer has to establish that they need you, and (in most cases) that they cannot find a USC or resident to do the job.

4. Hope you're included in that year's H1b quota.

There is, as Harpa mentioned an L1 visa for intra-company transfers. For example, if your friend works for the British branch of a US company, and holds an executive or managerial position there, he might be eligible to transfer to work for the US branch.

This isn't a cake walk however, and there is a reason Google complains that they can't get enough IT professionals through today's system.

-

If that doesn't work, it is not illegal to get married for purposes of living together as long as marriage is intended from the onset. Meaning, if you're in a bona fide relationship, and you plan to spend the rest of your lives together, it is fully legal to get married "early" in order to be together.

Edited October 18, 2013 by jaycali

[Boiler 45,319]

I think moving on a work visa is a good idea, Company pays costs and you have a job to get you going.

[lynndy38 64]

Thanks so much for the replies guys, I get the feeling he's looking for what he does right now.......something along the lines of digital printing and design, but I don't think his present company have a US branch. I know he hasn't got a degree though.....I don't think he's a highly skilled worker.

But its a great helping just knowing the kind of visa he should look for.

I warned him about doing everything legally.......no thinking he can come on a visa waiver and just stay!!!

People that are unaware of the how the visa system works think they can just find a job and move over......I had no idea how hard it was until my CR1 journey.

So.......if he secures a job they have to sponsor him?

What if they find out he has a girlfriend...will that affect anything?

Thanks again you're all awesome.

[jaycali 415]

Thanks so much for the replies guys, I get the feeling he's looking for what he does right now.......something along the lines of digital printing and design, but I don't think his present company have a US branch. I know he hasn't got a degree though.....I don't think he's a highly skilled worker.

But its a great helping just knowing the kind of visa he should look for.

I warned him about doing everything legally.......no thinking he can come on a visa waiver and just stay!!!

People that are unaware of the how the visa system works think they can just find a job and move over......I had no idea how hard it was until my CR1 journey.

So.......if he secures a job they have to sponsor him?

What if they find out he has a girlfriend...will that affect anything?

Thanks again you're all awesome.

If they sponsor him for an H1b the girlfriend won't be an issue. H1b along with K-1 are two of the few non-immigrant visas that actually allows for "dual intent."

H1b does require a bachelor's degree or higher, although there in an exception amounting to a complicated mix of educational, professional and specialized experience in the field generally amounting to at least three years per one year of college. Bachelor's degree = 4 years. So no degree = 3x4 years of specialized experience = 12 years.

Edited October 18, 2013 by jaycali

[Harsh_77 718]

If he can find a employeer who is willing to sponsor H1b GF would not matter.

It is siginifcant cost for employer to file H1b but certainly he cannot just enter on VWP and continue to stay.

[jaycali 415]

For example, if Google wants to hire you, but you never went to school, 12 years of specialized work experience as an IT professional could make you eligible without the bachelor's degree. This is complicated stuff and usually handled by the company's lawyers.

And yes, entering on the VWP, getting a job and thinking all is dandy will land him a 3 - 10 year bar from re-entry, and a lifetime ban from the VWP.

Edited October 18, 2013 by jaycali

[lynndy38 64]

Thanks again,

I just emailed him and popped in a few of your quotes.

Im hoping he's not thinking its just a case of finding any job then its all systems go......is there no other way other than the H1B or the L1 are those the two main ones for an employment visa?

Again your support is greatly appreciated.

[jaycali 415]

Thanks again,

I just emailed him and popped in a few of your quotes.

Im hoping he's not thinking its just a case of finding any job then its all systems go......is there no other way other than the H1B or the L1 are those the two main ones for an employment visa?

Again your support is greatly appreciated.

There's the H2a for seasonal agricultrual workers or H2b for seasonal employees in unskilled professions. Generally for people who plan to work seasonally in an area of the country where finding labor is difficult. An example would be an unskilled profession in small-town Alaska during the busy summer tourist season.

There's also the E visa category, which are for treaty investors (E-1) or treaty traders (E-2) (irrelevant to his profession). If he happens to hold an Australian passport, there's the E-3 visa which is a visa specific to Australian citizens, but irrelevant if he doesn't have an Australian passport.

If he happens to have $1,000,000 tucked away somewhere, he could get a green card through investing/opening a business and hiring a certain number of Americans.

[aaron2020 11,651]

Ask your friend under what conditions would the US government let him take a US job that could go to one of out citizens. Which government thinks it's a good idea to let in a foreign worker when the job can go to one of its unemployed citizen?

The situation is when the US employer cannot find local talent an be able to document that before the government will allow a foreign worker to take that job.

There are lots of people here who can do digital printing and design. He is not likely to get an employer who will spend $5000 to get him a work visa.

He cannotly simply come and look for a job. That's not how it works.

[lynndy38 64]

Ask your friend under what conditions would the US government let him take a US job that could go to one of out citizens. Which government thinks it's a good idea to let in a foreign worker when the job can go to one of its unemployed citizen?

The situation is when the US employer cannot find local talent an be able to document that before the government will allow a foreign worker to take that job.

There are lots of people here who can do digital printing and design. He is not likely to get an employer who will spend $5000 to get him a work visa.

He cannotly simply come and look for a job. That's not how it works.

I agree aaron and was pretty sure it wouldn't easy.

Most folk have NO idea when it comes to emigrating to another country I'd imagine him and his girlfriend was just thinking he'll find and secure a job and thats it,he can move over.

I was clueless when I started my journey, and my US citizen husband was totally clueless to his own countries requirements too.

I just don't want to give him the wrong information,hence me posting here.

Edited October 18, 2013 by lynndy38

[lynndy38 64]

There's the H2a for seasonal agricultrual workers or H2b for seasonal employees in unskilled professions. Generally for people who plan to work seasonally in an area of the country where finding labor is difficult. An example would be an unskilled profession in small-town Alaska during the busy summer tourist season.

There's also the E visa category, which are for treaty investors (E-1) or treaty traders (E-2) (irrelevant to his profession). If he happens to hold an Australian passport, there's the E-3 visa which is a visa specific to Australian citizens, but irrelevant if he doesn't have an Australian passport.

If he happens to have $1,000,000 tucked away somewhere, he could get a green card through investing/opening a business and hiring a certain number of Americans.

Thank you, I'll pass on this information. Im not sure any of the requirements will suit his ability but at least he'll have an answer as to what visa route he can take :-)

[Boiler 45,319]

I think Beckham used the O1.

[lynndy38 64]

I think Beckham used the O1.

I think Beckham waved his wads of cash about :-)

Ahhhhhh to be rich!!!!