Confusion and Guidance over H-1B/EB3 Work Visas (NZ)

[SoggySnake 1]

Hi all,

 

Happy New Year. I hope everyone is coping ok in the current world situation.

 

I am new to the forum and after reading through the guides, old topics and official sites, I wish to seek preliminary advice on personal situation regarding US work visas. (Note I am aware of the executive bans still in place). Apologies in advance if there is a resource which I have missed or if I have not followed etiquette.

 

My situation is as follows:

 

- I am a New Zealand citizen living in New Zealand, with a US partner (not married/no children) who is currently based in the US (Rocky Mountain states).

- I am seeking a way to join her in the US, at this stage this would not be permanently, as we have future plans to potentially reside in New Zealand as well (but one thing at a time!).

- Based on my research, the only way for me to do this (outside of lottery and/or fiance visas) is via a work visa. This is beyond the 90 day tourist visa.

- The intention is therefore to live and work in the US on a temporary <24 month basis. I guess this would almost be equivalent of a work holiday visa, which the US does not have.

- I have sought advice from the US Consulate in my city, as it has been difficult to find any sort of immigration lawyer who knows about US processes.

 

Work Visa:

 

Based on the information available on the US Visa official website, I am unsure as to whether I fall into the category of temporary worker (H-1B/H-2B), or skilled/professional permanent (EB2/3).

 

- I have a First Class post-graduate degree in History from a university which ranks roughly 55-85 on most global annual ratings. Equivalent to 4 year US degree I believe, though it is our equivalent of 'Grad School'.

- I have 6 years work experience in NZ and 1 year in the UK in Banking/Finance roles. These were business/commercial analyst roles, then also lending/credit risk roles.

- The H-1B visa doesn't specify what type of areas might be included. Research on other websites suggests that Finance is included.

- However, I do not believe that I would fall under this classification in terms of being in a specialty occupation in which there is a shortage of US workers, nor is there anything specifically exceptional about my experience to date.

- Additionally they might find fault with History > Banking in terms of my education and career path, though I hold other smaller Finance related professional qualifications needed for my roles.

- H-2B (Non-Agri) appears as though they are more about seasonal roles, rather than a short term (<24 month) contract role for a professional.

 

- EB2 or EB3 - these appear to be permanent immigration visas with intention to reside long term. I have the degree and experience for EB2, but not in an extraordinary/exceptional/shortage way. I also wonder whether my degree and career path will also be an issue (i.e not as clear cut as Law Degree > Lawyer for 5 years).

- My impression is that EB3 is the one which would match my skills and experience, having a degree and 6-7 years experience.

- However, from what I understand these are very difficult visas to obtain, as I would have to job hunt in the US, find a sponsor willing to go through the process to employ me, and then I would face an extended wait time (potentially over 12 months), which makes things difficult to plan.

 

Based on the above, I was wondering if any of the experienced posters here would be able to provide advice on my options, correct anything that I have wrong and provide any further insight/guidance which may assist.

 

I apologise once again if the above is rudimentary in nature.

 

Thanks in advance.

 

[Boiler 45,783]

Fora work visa you need a job offer.

 

Presumably in a specific location

 

During a Pandemic.

 

The most obvious option would be for a move with your current Employer? L1 visa.

[SoggySnake 1]

Thanks for your reply. Unfortunately my current employer does not have a US base/office at present as its subsidiaries are based throughout the Asia/Pacific region, so I don't believe I have a path via L1.

[aaron2020 11,651]

You need a US employer who is willing to sponsor you.   You can not seek a work visa on your own.  Your potential employer would hire an immigration attorney at their expense to get you a work visa.

[Boiler 45,783]

How realistic is it for you to find a company that will offer you a job and sponsorship?

[Coco8 1,042]

Like others said, for H1B you need a job offer and nobody would go through the expense of an H1B visa to hire someone for 1-2 years. There is also the issue that they are awarded by lottery. The other visas you mention are not do it yourself visas and they also take a lot of time, because there is a labor certification issue that takes 3-6 months. Most people with these type of work visas either have specific skills that make companies willing to go through the trouble or they were in the US studying. I'm not saying you wouldn't have those skills, but there are no shortages of financial experts. 

 

Could you study something close to where she is? Another option is to look for exchange programs, like Fulbright sometimes has programs for exchange for professionals (their programs vary a lot by country so you'd need to check it out), or some NGOs have exchanges for teachers (since you have studies in History maybe this could work). FYI sometimes these programs rely on J1 visas with the requirement that you go back to your country for 2 years once the program ends and you could also end up anywhere in the US. You'd also have to get it by your own accomplishments. 

 

[SoggySnake 1]

Thanks everyone for the feedback, this gives me something to work with in a realistic frame.

 

The very broad plan initially was to visit for 3 months or so and engage with the job market through a few connections I have (basic ones at this stage) in order to gauge appetite for overseas professionals who do not necessarily have the optimal specialist skills some work visas might require.

 

As you have outlined, it seems as though the US outlook is extremely tough, then has a lottery element.

 

The only other comparison I have experienced was UK employers, who were more amiable to sponsorship of overseas employees from Aus/NZ. The process for this was more 'simple' (if there is such a thing when it comes to immigration) in that if you met certain income, skill and suitability criteria, they could arrange things for you. So it is good to be aware that this path is even more strict on the US side of things.

 

I would be interested in hearing from anyone who may have taken up one of these types of visas to understand their skills/path/story e.g. if they were a rocket scientist or medical professional in a specific area etc.

Edited January 13, 2021 by SoggySnake

[Boiler 45,783]

US and UK are different countries, there policies are obvious different as is Australia and New Zealand.

 

US favours family immigration.

 

It is not strict so much as very popular.

[SusieQQQ 11,587]

Yes, there is no comparison with the UK/Australia/Canadian systems. Those are all (at least the last time I looked at them which was a good while ago) much easier to get work visas for as long as you can tick the right boxes adding to the right number of points. In their own way they would be more difficult than the US for someone not ticking the right boxes though so I’m not sure which is more “strict” - they are just more predictable. Back to the US. Unfortunately financial professionals with less than a decade’s experience are a dime a dozen here and unlikely to be something you’d find a visa sponsor for (even if the degree were not a consideration). Coco8’s suggestion of some kind of J visa study/exchange/internship etc might work, though a bunch of J visas are currently banned under a trump order.

[Boiler 45,783]

My Brother is an Accountant and he did a spell in the US, but he worked for a muti national and was seconded a couple of time, my Dad worked for Fords and was offered a move.

 

Most of the people I have met here have been IT sector. Well one who came on a O1 is a well know DJ, well I sued to play Squash against his wife oddly. Different teams but same league.

[SusieQQQ 11,587]

I know a lot of people who worked here (some  immigrated after that, some didn't) in the finance sector, but almost without exception they came as transfers from other countries. Well, I got a hedge fund prepared to sponsor me a work visa some years ago (turned down the offer once we realized spouses could not work, another difference to uk etc), but that was kind of an unusual case in the details. Only person I personally know on an O was due to his start up being bought by a local company and bringing them on board in the US. Most H1 visas seem to get sucked up by IT.

[SalishSea 17,986]

OP, if you don't have a profession that would qualify for a work visa, maybe consider Canada?

[SoggySnake 1]

Yep, Canada is definitely on the cards too, as it is open until age of 35 and gives 2 years for us Kiwis to work and live

[SusieQQQ 11,587]

6 hours ago, SoggySnake said:

Yep, Canada is definitely on the cards too, as it is open until age of 35 and gives 2 years for us Kiwis to work and live

Well that seems a much better option then, it won’t get you right with her but you’ll be a lot closer than New Zealand.

[TBoneTX 45,663]

A recent post has been split from this now-locked old thread and has been moved to the Australia/New Zealand regional forum.