Is a work visa even possible?

[DutchietoAmerica 0]

Hello! This is my first post and my first time looking into visa options. I am an American citizen, and my SO is Dutch. He finishes school in a year and then the intention was for him to move here to be with me through a work visa. We are both in our early 20's and not ready to marry yet, so that was the best option for us vs a K-1 visa.

I've have started to do some research about the visas, and I'm getting concerned. Based off of what I'm reading, he can't join me in the US until he's had five years of work experience (he is currently getting his MBA, so he will have an advanced degree) and finds an employer who will sponsor him. If this is true then it makes for sense for us to just get married: I can't do long distance for 5 more years. It's even more complicated because I will be a student for 4+ more years, so I won't have any funds to support him and would need a co-sponsor even for a K-1.

Basically, I just need some help. This is all very overwhelming, and everything I read makes the dream of him moving here appear further and further away.

Edited November 20, 2014 by DutchietoAmerica

[Dohan 133]

Since he is finishing his MBA, he would be eligible for a Fulbright Grant which allows international students and graduates to come to the US to work on PhD's, do research, etc. He should take a look into that. I would also suggest for him to look for US companies in his countries where he would be able to get a job and then have the potential to tranfer to the US. I am not sure what his specialty is, but with an MBA, just off the top of my head he should look at KPMG, Barclays, World Bank, IMF, JP Morgan, Goldman Sachs (they will also initially send him for several months training in USA), Ernst and Young. Basically big name companies which have offices in his country AND USA. Sorry I am not sure if the ones I listed are in his country.

Since you will be a student for another 4 years, maybe take a look at doing a study abroad program in his city, or country for a semester at least? I know it's not IDEAL but anything to get to you next to your sweetie, right?

There is also a J-1 visa, which is for seasonal work, and I think it would also apply if he wants to do an internship in the US. He can inquire with US based firms if they accept foreign interns, a lot of the big ones do, and again he can try within his country and look for those that have bases in USA. Also, since he is in a graduate program, he is eligible to apply to work for the UN, which obviously has headquarters in New York. Sorry I can't tell from your profile which state you are in.

These are just some of the venues you can explore.

[DutchietoAmerica 0]

Thank you for your response! I will tell him to look into US companies. If he does find a job through a US company based in the Netherlands, does that mean that he would need still need 5 years of work experience with them in order to transfer to the US? Or is it different since he would already technically be employed? Unfortunately, I'm in the midwest, not New York. But a foot in the door is a foot in the door, right? At least travel would be substatially cheaper than it would be between countries.

As far as my schooling goes, I am already going there for a semester during my undergrad. After I'm finished, I will be attending grad school, so it won't be very likely/easy to study in the Netherlands. I have looked into doing my whole graduate degree there, but I need to be able to speak Dutch. I should be getting better while living there for six months, but I don't think I'm going to be anywhere near the level that I need to be since I don't speak it at all right now.

[Dohan 133]

I have never heard of this 5 year work experience rule. I think it depends on the company, but I would say he needs to work for them at least for a year. But it really does depend on the company.

[Boiler 45,525]

There is no 5 year rule. Having said that what does he have to offer that would entice a US company to go to that expense?

[ufo86 0]

The "work visa" you speak of, is an H1B, I',m not sure about K-1. K-1 is a Fiance visa, if you are officially engaged and have paper work to show that. It takes a year to process (K1 that is).

As far as H1B is concerned, its harder to get, they only give out 60,000 visas a year, and the application deadline is April 1st every year only. FIrst come first serve.

The H1B program is mostly now distributed to STEM graduates (Science Technology Engineering and Mathematics) It is mostly declined / rejected for other professions (unless the applicant holds a PhD and is going to teach in a university or so).

The company who hires him will process his H1B, you cannot process your own H1B, and his presence in the U.S. will be tired to his job, as in, lose the job, lose the visa (or find a new job within 90 days who is willing to sponsor the H1B visa again).

It's a lenghty process, I've been through it, but I came to the U.S. on F1 student visa, and found a job myself here years later with an engineering degree, my company processed my H1B for me.

Hope this info helps.

Edited November 20, 2014 by ufo86

[ufo86 0]

Another alternative is for him to find a company with a branch in his home country and the U.S. And get a job with the local branch where he lives, and then ask that company to transfer him to the U.S. That is called the L visa (L-1).

L-1 allows a company to transfer an employee from their local branch to their US branch. It is a bit restrictive though, as the person holding the L-1 cannot quit the job / get fired during his stay in the U.S. if so, he MUST leave, unlike the H1B he doesn't get 90 days to find a new job.

Also with an H1B, you can file for a Green Card later (it's a dual intent visa), but the L1 is not, and you cannot file for a green card while holding an L1.

My personal advice is to try and get him to the U.S. on a tourist visa, he can stay 6 months at a time, then you can see how things go. If all goes well, do the whole marriage thing. The (B visa) is the tourist visa, almost anyone can get it, but if they are able to prove he is going to the U.S. to meet / immigrate to be with a significant other, then they will deny it so be careful there.

Again, I hope this helps.

[Boiler 45,525]

Most unlikely he would get a B.

[ufo86 0]

Most unlikely he would get a B.

I agree, if he doesn't have strong ties to his home country (family, kids, etc.) and doesn't have a large bank statement to show that he has money to support his travel a B visa is very difficult, especially if the emabssy is able to prove a romantic relationship, it will be impossible. But since he is a graduate student, I assumed he has some job / ties / work etc, where he has some money saved for a tourist trip to the U.S. (which they MAY approve).

The other option would be for him to do an exchange student program (J1), or of course, full time F1 student.

[Boiler 45,525]

More obviously the VWP.

[ufo86 0]

More obviously the VWP.

Oh yes, I forgot he's Dutch and I forgot about the VWP (Visa Waiver Program), Dutch citizens can freely visit the US for 90 days. (https://en.wikipedia.org/wiki/Visa_requirements_for_Dutch_citizens)

[DutchietoAmerica 0]

He did study here for a year, so he does have some ties here, although nothing permanent such as family. However, a tourist visa will not work for us for that extended period of time. Neither of us have enough funds saved up to support ourselves for six months at a time without him working (as I will be going to school). Plus, i'm pretty sure he would go crazy not being able to work for six months.

I thought there was a 5 year requirement due to this website: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

One year is much more managable than 5, so i'm happy about that. Seems that the L-1 would make the most sense for us. I know that they're really picky about doing other things than the intended visa, so what happens if we get engaged/married while he is on an L-1?

If he finds an employer who is willing to host the H1B, is it possible he'd get the visa? or are the chances about as good as getting a lottery visa since he is in business?

Thanks again for all of your help!

[ufo86 0]

He did study here for a year, so he does have some ties here, although nothing permanent such as family. However, a tourist visa will not work for us for that extended period of time. Neither of us have enough funds saved up to support ourselves for six months at a time without him working (as I will be going to school). Plus, i'm pretty sure he would go crazy not being able to work for six months.

I thought there was a 5 year requirement due to this website: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

One year is much more managable than 5, so i'm happy about that. Seems that the L-1 would make the most sense for us. I know that they're really picky about doing other things than the intended visa, so what happens if we get engaged/married while he is on an L-1?

If he finds an employer who is willing to host the H1B, is it possible he'd get the visa? or are the chances about as good as getting a lottery visa since he is in business?

Thanks again for all of your help!

You're welcome!

As far as L-1 goes, once a person is here and they get married (regardless of the visa) they file for change of status (that can be approved or denied), mostly approved though, so no worries, (unless they can prove that he is ONLY marrying for immigration purposes).

H1B is VERY hard for non STEM workers, (Science, Technology, Engineering and Math). It is not as hard as the lottery, the lottery is completely random! lol! But the H1B is not, it is a focused visa that helps companies find talent they can't acquire locally. So if he's got what it takes, then a company can sponsor him.

The reason why I suggested the tourist / visit visa, is because you mentioned you're not at the marriage stage yet, so I figured a 1 month or so visit would do the trick to enjoy time together every now and then. But if you just want him here permanently without marriage, that's a tougher one, then he really only has the option of F1 student visa or finding a job (L1 or H1B).

EDIT: Also when I said "ties", I meant, in order for people to get approved for a tourist / visiting visa, they need to show that they have strong ties to their home country NOT to the U.S.! They need to show that they intend to go back home and not stay in the U.S. etc.

Edited November 20, 2014 by ufo86

[Boiler 45,525]

EB 2 is one of the immigrant visa categories.

H1b is usually a lottery.

Getting a job with no experience who in a year will transfer you could be challenging.

[DutchietoAmerica 0]

The reason why I suggested the tourist / visit visa, is because you mentioned you're not at the marriage stage yet, so I figured a 1 month or so visit would do the trick to enjoy time together every now and then. But if you just want him here permanently without marriage, that's a tougher one, then he really only has the option of F1 student visa or finding a job (L1 or H1B).

EDIT: Also when I said "ties", I meant, in order for people to get approved for a tourist / visiting visa, they need to show that they have strong ties to their home country NOT to the U.S.! They need to show that they intend to go back home and not stay in the U.S. etc.

Oh. That was stupid of me. Ha. His whole family is over there, so that shouldn't be a problem. I get what you are saying, but it's mostly our age and not necessarily our commitment/spending time together that stops us from taking the plunge. If all went according to plan, it would be in another 5 or so years before we would actually get married, as we would prefer to be in our late 20's. Obviously, that may change if that's our only option to get him over here, but I think we both agree that if it is in any way possible we'd like him to be here before we made a decision about marriage. Marriage in and of itself is a huge, life-changing decision. I would hate to rush it just so that we can get him here. But like I said, It's not out of the realm of possibility.