My dear brother

[bonjur_mimi 0]

 I feel heartbroken to find out today that a visa processing time for siblings aka F4 is at least 10 years! He wants to come and visit me and meet his nephew and a niece. When he comes here, if he changes his mind and decides that he would like to stay in the US, then could I sponsor him to stay here somehow. Is there a way? There should be, isn't it? ...

Also he is a very hard working and bright professional and would find more job opportunities here (engineering). Therefore, I am asking, please, give me some advice about how to keep him here. I will do anything possible I would hire a lawyer or help him to find a job. However, what are his options once he arrives here? 

Also I read that processing times are different for each country. Will that fact change anything? 

Thanks in advance

 

Edited August 28, 2017 by bonjur_mimi

[MeAlone 161]

13 minutes ago, bonjur_mimi said:

 I feel heartbroken to find out today that a visa processing time for siblings aka F4 is at least 10 years! He wants to come and visit me and meet his nephew and a niece. When he comes here, if he changes his mind and decides that he would like to stay in the US, then could I sponsor him to stay here somehow. Is there a way? There should be, isn't it? ...

Also he is a very hard working and bright professional and would find more job opportunities here (engineering). Therefore, I am asking, please, give me some advice about how to keep him here. I will do anything possible I would hire a lawyer or help him to find a job. However, what are his options once he arrives here? 

Also I read that processing times are different for each country. Will that fact change anything? 

Thanks in advance

 

You are not alone trying to bring the dear brother, sister or adult children to this country. Long waiting time it's a huge waiting line of people who applied before you and still waiting years, you and your brother are not better than any other person to jump in front of the line, all people is waiting in line.

If your brother is a good professional, he can apply for a job visa and if the US company see him really brilliant, he will get his job and working visa which will bring him to US, work and see how his siblings line is moving. Good luck!

Edited August 28, 2017 by MeAlone

[Cathi 5,784]

No, there is no way for you to sponsor your brother after entering the country. If that were the case many would do so. Even in the spouse/parent category where the wait is shorter, it's illegal to enter the country with the intent to stay and adjust status. It's visa fraud. 

 

Also, without an advanced, very specialized degree there is no way for him to get a work visa. US employers are only allowed to hire foreigners to fill jobs if they cannot find a US citizen or green card holder to fill their positions. In other words, we give jobs to US workers before foreigners. Which is a good thing. Wouldn't be fair for a citizen to lose a job to a foreigner who would be willing to take a job for less money so they can enter the country.

 

 

Edited August 28, 2017 by mimolicious

[aleful 1,905]

more like 13 to 14 years, more than 10.

 

if he comes on a tourist visa there is no way to keep him here

 

he could try to find an employer depending on job qualifications

 

 

[Cathi 5,784]

6 minutes ago, MeAlone said:

You are not alone trying to bring the deal brother, sister or adult children to this country. Long waiting time it's a huge waiting line of people who applied before you and still waiting years, you and your brother are not better than any other person to jump in front of the line, all people is waiting in line.

If your brother is a good professional, he can apply for a job visa and if the US company see him really brilliant, he will get his job and working visa which will bring him to US, work and see how his siblings line is moving. Good luck!

The second paragraph is incorrect. Just because someone is brilliant does not equal getting hired for a job that a US citizen/green card holder can fill. In fact, US companies are required by law to hire American workers unless they are unable to find someone here qualified for said position. I'm not sure where you get your information.

[MeAlone 161]

Just now, mimolicious said:

The second paragraph is incorrect. Just because someone is brilliant does not equal getting hired for a job that a US citizen/green card holder can fill. In fact, US companies are required by law to hire American workers unless they are unable to find someone here qualified for said position. I'm not sure where you get your information.

It's totally correct. Please, read more about the job visa, even no brilliant people get a job visa and not necessary here are not Americans to fill up the vacancy, it all depends of the Company and the lawyer.

I know it well by personal experience, all my family including me, we came on a job visa each one.

[MeAlone 161]

The sister can find an American company willing to sponsor her brother and if he is brilliant or a very good professional, it helps. The thing is the job visa is hard to get and also it won't keep him 10 years in US, it's about 6 years working and then going back to your country, but it's good to have an American experience and maybe his Company during his 6 years working on job visa will sponsor him for a green card. But even if they don't, he stays 6 years in US with his sister and working, then it will be less time to wait for his sister's green card application.

[geowrian 22,338]

The sooner you file, the sooner that clock starts ticking. Family preference visas are limited each year. As such, the majority go to spouses and minor children and such, then adult children (unmarried then married), then siblings. That's just the way it is...there is not deemed a high priority for a sibling to have to live in the US for your benefit (they don't bring people to the US for their own benefit..it's for the petitioner's benefit with family-based visas). So other categories get a larger proportion of the available visas per year (and if they were allocated more, then it would take longer for others).

 

No, there is no legal means for you to get him to stay in the US otherwise. He can try to obtain a visa on his own for work/study as appropriate.

 

The F4 category would likely be one of the items on the chopping block if there is an overhaul to immigration law IMHO.

 

Edit: And just as a reminder, it's fraud to enter the US on a tourist visa with the intent to stay in the US. He can try to find a company to sponsor a work visa or something while here, but he cannot come with the plan to stay.

Edited August 28, 2017 by geowrian

[bonjur_mimi 0]

28 minutes ago, mimolicious said:

The second paragraph is incorrect. Just because someone is brilliant does not equal getting hired for a job that a US citizen/green card holder can fill. In fact, US companies are required by law to hire American workers unless they are unable to find someone here qualified for said position. I'm not sure where you get your information.

Please, no negativity here. Keep your personal views about hiring "American" people first to yourself. Majority of people here including me were immigrants. 

[bonjur_mimi 0]

17 minutes ago, geowrian said:

The sooner you file, the sooner that clock starts ticking. Family preference visas are limited each year. As such, the majority go to spouses and minor children and such, then adult children (unmarried then married), then siblings. That's just the way it is...there is not deemed a high priority for a sibling to have to live in the US for your benefit (they don't bring people to the US for their own benefit..it's for the petitioner's benefit with family-based visas). So other categories get a larger proportion of the available visas per year (and if they were allocated more, then it would take longer for others).

 

No, there is no legal means for you to get him to stay in the US otherwise. He can try to obtain a visa on his own for work/study as appropriate.

 

The F4 category would likely be one of the items on the chopping block if there is an overhaul to immigration law IMHO.

 

Edit: And just as a reminder, it's fraud to enter the US on a tourist visa with the intent to stay in the US. He can try to find a company to sponsor a work visa or something while here, but he cannot come with the plan to stay.

Will it be quicker is my parents would sponsor him or he would still fall under category 4 visa?

[Roel 7,193]

If your parents are US citizen and your brother is under 21 years old and unmarried and stay under 21 years old during the visa processing - it might be somehow fast.

 

If he's over 21 years old and/or married - it will take about 7 to 10 years.

Someone correct me if I'm wrong.

[Scandi 4,180]

1 hour ago, bonjur_mimi said:

Please, no negativity here. Keep your personal views about hiring "American" people first to yourself. Majority of people here including me were immigrants. 

That's not her personal views, that's how it works to get a work visa. American workers should be hired first (by American they mean everyone living legally in the US), if they can't find an American that can do the job they are allowed to sponsor for a visa for a foreigner. 

[CEE53147 559]

2 hours ago, mimolicious said:

No, there is no way for you to sponsor your brother after entering the country. If that were the case many would do so. Even in the spouse/parent category where the wait is shorter, it's illegal to enter the country with the intent to stay and adjust status. It's visa fraud. 

 

Also, without an advanced, very specialized degree there is no way for him to get a work visa. US employers are only allowed to hire foreigners to fill jobs if they cannot find a US citizen or green card holder to fill their positions. In other words, we give jobs to US workers before foreigners. Which is a good thing. Wouldn't be fair for a citizen to lose a job to a foreigner who would be willing to take a job for less money so they can enter the country.

 

 

Actually, there is no requirement for a company to hire a US worker over a guest worker as long as they pay more than $60,000 per year (the amount as of 2017).  OP, your brother can find an employer to file for him in April 2018 to start in Oct 2018 if selected in the lottery. US workers lose their jobs to guest workers all of the time (Google Disney for an example)

 

There is no way for him to come and just decide to get a job and stay. Read about H-1B visas.

[MeAlone 161]

55 minutes ago, CEE53147 said:

Actually, there is no requirement for a company to hire a US worker over a guest worker as long as they pay more than $60,000 per year (the amount as of 2017).  OP, your brother can find an employer to file for him in April 2018 to start in Oct 2018 if selected in the lottery. US workers lose their jobs to guest workers all of the time (Google Disney for an example)

 

There is no way for him to come and just decide to get a job and stay. Read about H-1B visas.

True

[JFH 12,191]

4 hours ago, bonjur_mimi said:

Please, no negativity here. Keep your personal views about hiring "American" people first to yourself. Majority of people here including me were immigrants. 

It's not a negative view. It's the law.