What are my chances of getting an employment based green card?

[Otto Ortega 0]

I’m 27 years old, I have a bachelor’s degree in computer science and a master’s degree in informatics applied to computer networks, both awarded by an university in Central America.

I have 5 years of experience working for US-based companies in remote positions.

I have been working for a company based on Seattle (King County area) since April 2017.

I don’t have an employment contract with my current employer, nor did I have one with my last employer, but can get proof of employment letters from both to validate my years of experience.

My current employer is willing to sponsor an inmigration process so I can move to Seattle, based on my research it seems that my only options are H-1B or an employment based green card.

Getting an H-1B VISA seems insanely difficult due the system being flooded with applications, what are my chances of getting a employment based green card? How long could it take?

The job title that best fits what I currently do for my company is "Computer Systems Engineers" (OES/SOC Code:15-1199), and the most that my employer could offer is a $70K - $90K wage.

[Russ&Caro 1,549]

As "insanely difficult" as it is to get an H-1B, I believe the employment based green card is even more difficult and has more restrictions.

 

I've mostly seen where tech workers are approved for an H-1B and then after years of working and living in the US, they apply for an employment based green card. This seems to be the common route to a work based green card. You might want to push your prospective employer on the H-1B immediately because I believe there's a deadline for all of the H-1B's issued for the coming year. I seem to recall it's in October but don't quote me on that.

 

By the way, $70 - $90k is a bit low for this position in Seattle, where wages are far above the national average.

 

Good luck.

[Otto Ortega 0]

@Russ&Caro  Thanks for your reply, yeah getting an H1-B and then applying for the Green Card seems to be the most common route, however I was thinking about taking my chances with the Green Card directly given that I'm being offered a permanent position and the fact that due the "lottery" system for the H1-B, any application only has around 30% of probabilities of getting reviewed, having 70% of chances of getting the application dismissed without it even been checked is crazy!

 

The more complicated part about the green card process seems to be obtaining the labor certification (PERM) so I wanted to get an insight about the process from people who already went through it.

[Mollie09 1,543]

If your employer is willing to do it, go for it. It takes a couple of years until you can move, if you're EB2. The hard part is convincing the employer to pay the expenses, jump through the hoops, and wait.

[CEE53147 559]

On 7/12/2017 at 1:04 PM, Otto Ortega said:

@Russ&Caro  Thanks for your reply, yeah getting an H1-B and then applying for the Green Card seems to be the most common route, however I was thinking about taking my chances with the Green Card directly given that I'm being offered a permanent position and the fact that due the "lottery" system for the H1-B, any application only has around 30% of probabilities of getting reviewed, having 70% of chances of getting the application dismissed without it even been checked is crazy!

 

The more complicated part about the green card process seems to be obtaining the labor certification (PERM) so I wanted to get an insight about the process from people who already went through it.

 

There is no direct route to a green card with someone of your qualifications and experience. Your only way is via employment for positions for which there are no qualified and willing US citizens or current legal permanent residents.  Unlike what people are saying, thee are vary many qualified and unemployed IT specialists in the US.

 

Individuals able to self petition for a green card are generally researchers with PhDs and distinguished international reputation.

 

If you are from a country qualified for the diversity visa lottery, look at that route.

[Coco8 1,042]

I think you have a good chance. First, your English is very good. Second, there are plenty of open positions and you have experience with US based companies.

 

There are several ways you could do this.

 

(1) If you go with the company that you mention, you need to ask them whether they would sponsor your green card as soon as you get the H1B. Some companies don't sponsor green cards and it is bad. Green card through job takes 4-5 years because after PERM there is a wait. It varies by country (for India is like a 7 year wait) and with education level (Bachelor, masters, PhD). 

 

PERM is not hard because lawyers know what to write down and they make it very specific. And if you have experience working for the company or experience with proprietary software it is much easier. 

 

What the employer has to pay for the green card is like 1,000-1,500 dollars. The lawyers are expensive but, in any case, you can pay for that if they don't want to or you can arrange to pay half.

 

Yes, H1B is a gamble but a lot of people get it. I think the next application deadline for H1B is October, so it is not far.

 

(2) Find work for a US based company with offices in your country. If you work for a year they can do an L1 for you which allows them to transfer you to the US. There is no wait for that. It is a fast process (I know someone in IT who did this)

 

(3) Apply to a Masters in the US, get an F1 visa, and find a job after the masters. Masters are expensive so it would depend on your funds; there are also student loans. After the F1 you have an OPT of 2 years, so basically you can work 2 years and most people I've met get H1Bs (because you have several trials at getting one) or the green card. Applications for Masters are due at the end of the year (you have to take the GRE, etc.) and you would start August 2018. 

 

Good luck!

 

PS: Yes, I also think that the salary they offer you is low for Seattle. Seattle is super expensive. Like in a shocking way. 

 

 

 

 

 

 

[Otto Ortega 0]

21 hours ago, Coco8 said:

Good luck!

Thank you so much for your reply! I found it pretty useful, I think will end up trying most of them xD

 

I hope you are right regarding the PERM!! Still, I will apply to the H1-B and try to get accepted in some US based university to pursue a master degree.

[Coco8 1,042]

Just now, Otto Ortega said:

Thank you so much for your reply! I found it pretty useful, I think will end up trying most of them xD

 

I hope you are right regarding the PERM!! Still, I will apply to the H1-B and try to get accepted in some US based university to pursue a master degree.

OK. Sounds good.

 

So I don't understand exactly what you do, but for the Masters try to balance interests with job opportunities (thinking of green card). For applications you will have to (1) Take GRE (2) Get 3 letters of recommendation (My sister had to write them and her professors signed them because they didn't want to write them; check online for tips of how to write them because they have to be very specific on your accomplishments, etc, not vague as "this is a great student" blah) (3) Statement of Purpose saying what you have accomplished so far and what you will like to do. 

 

I am guessing you are job oriented, but if you really like to study you can also apply for a PhD. Actually, many people don't know this, but PhDs are fully funded: you get a tuition scholarship and a fellowship that pays you (and you can cover living expenses, etc.). If you want to learn about this, let me know. 

 

 

 

 

 

 

 

 

[enigma992 45]

On 7/12/2017 at 10:15 AM, Otto Ortega said:

I’m 27 years old, I have a bachelor’s degree in computer science and a master’s degree in informatics applied to computer networks, both awarded by an university in Central America.

I have 5 years of experience working for US-based companies in remote positions.

I have been working for a company based on Seattle (King County area) since April 2017.

I don’t have an employment contract with my current employer, nor did I have one with my last employer, but can get proof of employment letters from both to validate my years of experience.

My current employer is willing to sponsor an inmigration process so I can move to Seattle, based on my research it seems that my only options are H-1B or an employment based green card.

Getting an H-1B VISA seems insanely difficult due the system being flooded with applications, what are my chances of getting a employment based green card? How long could it take?

The job title that best fits what I currently do for my company is "Computer Systems Engineers" (OES/SOC Code:15-1199), and the most that my employer could offer is a $70K - $90K wage.

I am currently at the end of the sponsorship process for an EB-2 Green Card, also working remotely from outside the US. Initially the company tried to get me a H1B but I did not get one in the lottery, after which point they started the Green Card process. The process started in August 2015 and is probably another 1-2 months from finishing, just waiting on my interview to be scheduled, so it is a long 2 year wait. That said the company's lawyers made mistakes along the way and really it could have all been finished within 18months if they had not.

 

The H1B to GC is by far the most common route. However you can only apply for H1B's up until April so you would have to wait until next April to apply. You then only have a maybe 1:3 or 1:4 chance of getting selected in the lottery. There are many, many people, mostly from the Indian subcontinent who submit 8+ H1B applications to increase their chances and this crowds the field and makes your odds pretty low. Why you are allowed to submit more than one application per person I do not know.

 

In any case, even if you get through the lottery, you can only start the following October. The only exception to this is if the company you are working is in the educational or scientific research field. In other words, don't waste your time on a H1B!!! You probably won't get it and you will waste 10 months+

 

The EB green card process is not actually very difficult to get approved for, and is not very expensive for the company sponsoring you ($10-$20k including lawyers fees for everything). The only real hurdle(and it is a big one) is the 1-2 year processing time, which nearly all companies obviously would not want to wait for. If your company is willing to wait this long and have you work remotely (or if they dont know how long it takes, you don't need to be specific about it!), then you should jump on the chance. Unless the H1B situation improves, I think it is your best chance to move to the US.

 

Other options include the O-1 visa if you are a person of extraordinary ability, but you need to prove you are an expert in the field (easier to do than it sounds, I am told), in which case you can move to the US in months, Marry an American!, work for a US company for a year abroad and then transfer internally, or invest $500k.

 

Basically the US is a very hard country to get into, regardless of where you are from (I am from Ireland). I was able to get a Canadian work visa in 2 months and I work from there but the US is just very difficult..

Edited July 19, 2017 by enigma992