Help needed on work visas

[Bepster 0]

31 minutes ago, SusieQQQ said:

OP is actually talking about EB visas (at least that’s what was in her first post) - employment based immigrant visas. Not the same as the E visas for Aussies.

 

I see. Thanks for the clarification.

I thought OP was referring to the group of E visas (E1, E2 and E3) which are not captured by the ban.

 

 

 

[Boiler 45,486]

The advantage of work visa's in that the vast majority of cases the heavy lifting is done by your prospective Employer, they appoint the Lawyer, pay the fees ets and hopefully you get a nice relocation payment.

 

Of course it can work out that the job is in the same location of a SO, bit the US is a big country and that could be an ask.

[designguy 1,179]

9 hours ago, Emmah1979 said:

I am thinking of filing myself to save the money, but before I do I will have a few more consultations first.

While most family based petitions dont need a lawyer, EB1s are one of the categories where a lawyer is highly recommended. These petitions are upwards of 500 pages with all the evidence that needed so if you are serious about it you should consider a good lawyer.

[fs2439 46]

Niw is not affected by the ban. I would imagine eb1a isn't either. There are e1/e2 visas for several treaty countries, not just Australia. I am not sure if e visas are affected by the ban. I would recommend working with a lawyer for niw or eb2. I used klasko. They are expensive but generally effective.

 

Also, I too have a us citizen partner. I didnt feel comfortable rushing marriage for the Visa. It was the right decision for me and gives me a lot of independence.  My professional life can remain separate from my romantic life. Good luck to you on this journey!

[SusieQQQ 11,586]

12 minutes ago, fs2439 said:

Niw is not affected by the ban. I would imagine eb1a isn't either.

All employment based immigrant visas except EB5 are banned under the April 22 proclamation (extended to year end under the June 22 proclamation). 

To be precise, all immigrant visas other than those specifically exempted are banned. This is the list of exemptions:

 

any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;

(iii)   any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv)    any alien who is the spouse of a United States citizen;

(v)     any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi)    any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(vii)   any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

(viii)  any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or

(ix)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

 

Adjustment of status is allowed in all categories - that may be what you are thinking of, but OP needs a visa. 

 

Edited July 8, 2020 by SusieQQQ

[igoyougoduke 1,656]

17 hours ago, Emmah1979 said:

Hi everyone hope you are all doing well during this awful time 

 

I have a question that has been eating at me and I’m not sure which route to go.  
 

I want to move to the usa and work in my profession but 8 also have a boyfriend who is American, anyway I am a little hesitant to speak with him about the fiancé or spousal visa as I would like to get myself to the usa on my own for work if that makes sense. 
 

anyway I was speaking with immigration lawyers and they said I could go for a EB1 or O visa which I think 8s basically the same! What I’m worried about is If I apply and file for the EB1 myself and say for instance I get refused. And then say I get engaged to my boyfriend and we go down the K1 route. Would this affect that K1 process if I got refused for the EB1? 

 

im trying to research and cover all scenarios if that makes sense! And here’s hoping I have approval if I go through the EB1.

 

i am worried about a site called USAFIS I applied ages ago online for like $5 registration and then I get a call for $2000 to proceed with my application. Has anyone heard of this? 
 

i really appreciate everyone’s response anIf d thank you and stay safe

 

Emma 

If you want to apply for EB1 or o1  you better have a damn good lawyer.  we dont know what your qualifications are but if you qualify,  you need to meet extraordinary ability as per USCIS guidelines. If you do,  you need to provide all the documentations you can to convince that  you qualify for it .

 

As others have said all employment based visas are currently banned to enter UNITED STATES until Dec 2020.  No one knows when they will open. So unless you are inside US at this point , you will be unable to enter US until the Executive order is removed. if you want to file EB1 or O1 ,  phone call a bunch of law firms. Iam sure you can google and search for law firms in US for EB1/O1. Consult 20-30 of them and figure out if they think you qualify.  work directly with law firms who know how to file for EB1/O1. 

 

I dont know about USAFIS but their website sure looks scammy as hell

Edited July 8, 2020 by James120383

[Boiler 45,486]

Scam according to this: https://www.uscis.gov/archive/blog/2011/03/e-mail-scam-avoid-green-card-lottery

[fs2439 46]

14 hours ago, SusieQQQ said:

All employment based immigrant visas except EB5 are banned under the April 22 proclamation (extended to year end under the June 22 proclamation). 

To be precise, all immigrant visas other than those specifically exempted are banned. This is the list of exemptions:

 

any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;

(iii)   any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv)    any alien who is the spouse of a United States citizen;

(v)     any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi)    any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(vii)   any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

(viii)  any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or

(ix)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

 

Adjustment of status is allowed in all categories - that may be what you are thinking of, but OP needs a visa. 

 

Niw (national interest  waiver) falls into exception ix according to multiple lawyers. I know people going through consular processing who filed for niw

[Rafa Garoli 4]

1 hour ago, fs2439 said:

Niw (national interest  waiver) falls into exception ix according to multiple lawyers. I know people going through consular processing who filed for niw

Hi, my lawyer said me that the only exceptions are those listed in the ban proclamation.

 

NIW is not listed as an exception. All Employment-Based Visas (EB1, EB2, EB3 and EB4) are suspended, despite its subtype (A, B, C, or NIW).

 

If OP is looking for adjustment of status, he doesn't need to worry, bc the ban does not affect it. 

Unfortunately If not so, he will need to wait, as many applicants are doing, including myself.

 

Regards

[SusieQQQ 11,586]

2 hours ago, fs2439 said:

Niw (national interest  waiver) falls into exception ix according to multiple lawyers. I know people going through consular processing who filed for niw

We have no idea whether OP qualifies for that, or indeed what she qualifies for. And OP seems very reluctant to pay for a lawyer.

Edited July 8, 2020 by SusieQQQ

[igoyougoduke 1,656]

On 7/8/2020 at 10:55 AM, fs2439 said:

Niw (national interest  waiver) falls into exception ix according to multiple lawyers. I know people going through consular processing who filed for niw

NIW is a broad category. Waiver from EO is only for those that work on Corona Virus like Physicians or researchers etc. NIW broad category still comes under EB2 which is still banned 

[fs2439 46]

12 hours ago, James120383 said:

NIW is a broad category. Waiver from EO is only for those that work on Corona Virus like Physicians or researchers etc. NIW broad category still comes under EB2 which is still banned 

I dont know you, but I trust my lawyer over your opinions

 All the best 

Edited July 11, 2020 by fs2439