visa for work

[BenJawad 0]

hello all ,

i have a question i hope you all help me with information , am a mechanical engineer with a master degree i, my friend want to hire me in his company in michigan how can i do that , which type of visa should i apply , the procedure for that ? any thing can help me with your knowledge i will be happy 

thanks   

[Dashinka 24,514]

It all starts with your friend.  They will need to try and get a work visa for you.

 

Good Luck!

[SusieQQQ 11,586]

Your friend’s company will have to sponsor the work visa for you. They will need to decide which one is best (H1B, O etc) and do the required legwork for the sponsorship (depending on visa this may include posting local job ads, proving they can’t find someone locally etc). You don’t do anything until all they have all the approvals from USCIS, only after which you will be asked to fill out your forms and your interview will be scheduled.

[BenJawad 0]

1 minute ago, SusieQQQ said:

Your friend’s company will have to sponsor the work visa for you. They will need to decide which one is best (H1B, O etc) and do the required legwork for the sponsorship (depending on visa this may include posting local job ads, proving they can’t find someone locally etc). You don’t do anything until all they have all the approvals from USCIS, only after which you will be asked to fill out your forms and your interview will be scheduled.

and is there specific time to apply for the visa ? thanks for your answer

[Boiler 45,538]

6 minutes ago, BenJawad said:

and is there specific time to apply for the visa ? thanks for your answer

Assuming it is a H1b that sounds most likely, then 1st April, there is a lottery due to the number of applicants and usually about 3x as many applicants as visas.

[SusieQQQ 11,586]

15 minutes ago, BenJawad said:

and is there specific time to apply for the visa ? thanks for your answer

If it’s h1b there is a lottery usually as it is usually oversubscribed so the timing is around that.

 

Have you thought about Canada as an option, it’s generally pretty easy as I understand to get a skilled migrant visa there. 

[JeanneAdil 6,511]

The First Steps toward an Immigrant Visa: Labor Certification and Filing a Petition

To be considered for an immigrant visa under some of the employment-based categories below, the applicant's prospective employer or agent must first obtain a labor certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.

 

Usually the company will hire a lawyer to go thru this process 

 

and understand that a Master's degree in many countries is only the equivalent of a Bachelors degree in the US (google for your country by asking a question like " how does my master's degree from (your country) compare to US degree?"

 

https://www.bls.gov/oes/current/oes172141.htm 

   this site has employment stats for each state for mechanical engineers

 

Since Michigan is the site of the major auto industries ,  it has an abundance of mechanical engineers (may 2020- over 40,000) so if your friend post a job opening for one ,  he'll get several sending a resume willing to change jobs or hire on cold 

[BenJawad 0]

10 minutes ago, SusieQQQ said:

If it’s h1b there is a lottery usually as it is usually oversubscribed so the timing is around that.

 

Have you thought about Canada as an option, it’s generally pretty easy as I understand to get a skilled migrant visa there. 

i dont know anything about the process , if you can help me with details about it i will be happy . 

 

[BenJawad 0]

6 minutes ago, JeanneAdil said:

The First Steps toward an Immigrant Visa: Labor Certification and Filing a Petition

To be considered for an immigrant visa under some of the employment-based categories below, the applicant's prospective employer or agent must first obtain a labor certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.

 

Usually the company will hire a lawyer to go thru this process 

 

and understand that a Master's degree in many countries is only the equivalent of a Bachelors degree in the US (google for your country by asking a question like " how does my master's degree from (your country) compare to US degree?"

 

https://www.bls.gov/oes/current/oes172141.htm

   this site has employment stats for each state for mechanical engineers

 

Since Michigan is the site of the major auto industries ,  it has an abundance of mechanical engineers (may 2020- over 40,000) so if your friend post a job opening for one ,  he'll get several sending a resume willing to change jobs or hire on cold 

he have a private company so he asked me about the options he want to have me there he dont want a specific visa so i want to know the options he tell me about agriculture cuz he have farms there any informations about it ?  

[SusieQQQ 11,586]

25 minutes ago, BenJawad said:

i dont know anything about the process , if you can help me with details about it i will be happy . 

 

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers.html
 

 

[SusieQQQ 11,586]

24 minutes ago, BenJawad said:

he have a private company so he asked me about the options he want to have me there he dont want a specific visa so i want to know the options he tell me about agriculture cuz he have farms there any informations about it ?  

To be frank: this sounds like it’s going nowhere from a US visa perspective. It’s not “I have this job opening and I can’t find someone here and luckily I have a friend who is qualified”, it sounds like “I want to get my friend into the US and will try find some sort of work for him to do so “.  Unfortunately, US work visas do not work like that. Other countries where you can apply based on your own skill experience (Canada, Australia, NZ, the UK on and off depending on other priorities) do, but not the US, unless you are pretty much an acknowledged leader in your field (are you? Then you can go for an 

O and you don’t need your friend)

[BenJawad 0]

1 hour ago, SusieQQQ said:

To be frank: this sounds like it’s going nowhere from a US visa perspective. It’s not “I have this job opening and I can’t find someone here and luckily I have a friend who is qualified”, it sounds like “I want to get my friend into the US and will try find some sort of work for him to do so “.  Unfortunately, US work visas do not work like that. Other countries where you can apply based on your own skill experience (Canada, Australia, NZ, the UK on and off depending on other priorities) do, but not the US, unless you are pretty much an acknowledged leader in your field (are you? Then you can go for an 

O and you don’t need your friend)

its not like that , i worked as a digital marker for 5 years now , and with my friend for 1 year , he like my work wanna create another company and i will take charge of the work that's it , i have a lot of experiences in many field with multiple languages . 

[Boiler 45,538]

14 minutes ago, BenJawad said:

its not like that , i worked as a digital marker for 5 years now , and with my friend for 1 year , he like my work wanna create another company and i will take charge of the work that's it , i have a lot of experiences in many field with multiple languages . 

Marketer?

 

Well the first thing your friend needs to do is consult with his Immigration Lawyer about the best option available.

[SusieQQQ 11,586]

12 minutes ago, BenJawad said:

its not like that , i worked as a digital marker for 5 years now , and with my friend for 1 year , he like my work wanna create another company and i will take charge of the work that's it , i have a lot of experiences in many field with multiple languages . 

Then his new company needs to hire a lawyer who is experienced in work visa sponsorship to get you a work visa. Sounds like you and your friend are trying to do it yourselves with no idea where to even start. Work visas are not a DIY thing in the US. They are complicated. There is an example of the process below for H1B visas, which are the most common type of work visas.

 

 

Eligibility Criteria

Classification	General Requirements (among others)	Labor Condition Application Required?
H-1B Specialty Occupations	The occupation requires: Theoretical and practical application of a body of highly specialized knowledge; and Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The position must also meet one of the following criteria to qualify as a specialty occupation: Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the particular position The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a degree The employer normally requires a degree or its equivalent for the position The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.* For you to qualify to perform services in a specialty occupation you must meet one of the following criteria: Hold a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree required by the specialty occupation from an accredited college or university Hold an unrestricted state license, registration, or certification that authorizes you to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of  a U.S. bachelor’s  or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**	Yes. The prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129, Petition for a Nonimmigrant Worker. See the links to the DOL’s Office of Foreign Labor Certification and USCIS forms to the right. For more information see the Information for Employers & Employees page.

 

How and When to Apply

• Prior to filing a petition with the U.S. Citizenship and Immigration Services or obtaining a visa through the Department of State , employers must submit a Labor Condition Application (LCA/Form ETA-9035E/9035) to the Department of Labor attesting to compliance with the requirements of the H-1B, H-1B1 or E-3 program.
• LCAs must not be submitted more than 6 months before the beginning date of the period of employment.
• LCAs must be filed electronically with the Department through the FLAG System .
• The two exceptions to electronic filing are employers with physical disabilities or those who lack Internet access and cannot electronically file the Form ETA-9035E through the FLAG System. Before filing an LCA by mail on the Form ETA-9035 , an employer must first petition the Administrator of OFLC for special permission to do so.

What to Submit to the Department of Labor

• The H-1B, H-1B1 and E-3 programs are attestation based programs.
• The employer submits a Labor Condition Application (Form ETA-9035E [electronic]) to the Department through the FLAG System unless the employer is permitted to file by mail.
• The employer attests to the truthfulness and accuracy of the information entered on the LCA. The burden of proof is on the employer to establish the truthfulness of the information contained on the LCA.

Where to Apply

• Electronic Filing of Form ETA-9035E on the FLAG System: https://flag.dol.gov .
• Special Permission to file an ETA-9035 by mail : Employers must file using the electronic FLAG System, except in two limited circumstances for employers with physical disabilities or lack of internet access prohibiting them from filing electronic applications. Employers may submit a written request for special permission to file their LCAs by U.S. mail. The employer's written request must establish the need to file by mail. The employer should be prepared to submit supporting documentation if requested by the OFLC. The OFLC Administrator must approve the request before the employer may file by mail . The request for special permission should be sent to: Administrator, Office of Foreign Labor Certification, Employment and Training Administration, U.S. Department of Labor, Box PPII 12-200, 200 Constitution Avenue- NW, Washington, DC 20210.

What Happens Next

• LCAs are reviewed by the Department within seven (7) working days for completeness and obvious errors or inaccuracies.
• Employers may check status of applications that they have submitted to the Department and directly access their certified applications at any time by logging onto the FLAG System .
• Employers with certified LCAs may proceed with the process of obtaining an H-1B, H-1B1 or E-3 visa through USCIS and the Department of State .

Contact Information

• LCA Questions: Employers with questions about filing an LCA may contact the LCA Help Desk by e-mail at LCA.Chicago@dol.gov or by telephone at (312) 353-8100.
• LCA Status Inquiries : Employers may obtain status of their LCAs at any time by directly accessing the FLAG System .
• Technical Assistance : Employers requiring technical assistance with the FLAG System or an electronic LCA may complete and submit the Flag Technical Help Request Form at https://flag.dol.gov/support/contact .

FAQs

H-1B, H-1B1 and E-3 Programs

 

Petition Filing Process

Step 1: (only required for specialty occupation and fashion model petitions): Employer/Agent Submits LCA to DOL for Certification.
The employer/agent must apply for and receive DOL certification of an LCA. For further information regarding LCA requirements and DOL's process, see the Foreign Labor Certification, Department of Labor page.

Step 2: Employer/Agent Submits Completed Form I-129 to USCIS.
The employer/agent should file Form I-129, Petition for a Nonimmigrant Worker, with the correct USCIS service center. Please see our I-129 Direct Filing Chart page. The DOL-certified LCA must be submitted with the Form I-129 (only for specialty occupation and fashion models). See the instructions to the Form I-129(PDF, 1.2 MB) for additional filing requirements.

Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission.
Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required). Regardless of whether a visa is required, the prospective H-1B worker must then apply to U.S. Customs and Border Protection (CBP) for admission to the United States in H-1B classification.

 

 

[Dashinka 24,514]

The OP could also look into the Diversity Visa program depending on the country they are from.