Looking for work in US without VISA

[illama 1]

Hello,

I have a slight problem where as I myself have recently obtained an E-3 Visa, and am legal to work in the United States for 2 years, how ever my girlfriend is still trying to find work.

My company is pushing for me to get there ASAP, and so we're planning to book our flights in a few months, and I will enter the country on my E-3 visa, and my girlfriend will enter on the tourist 90 day waiver program after which she will look for work in person.

We're aware she will have to exit the country to obtain her visa upon securing work, but we're worried about the whole situation of her entering the country with no explicit exit date for her, and with the purpose to find work but without a secured visa.

Will this cause us a problem at the border?

She is a professional in the advertising industry, and as such, its very hard for her to get a job offer without interviewing face to face .. This is just the nature of her work. Her tourist visa will give her 90 days to find something, which we think is quite acceptable ... We're just worried they may not let her in the country if she states that she is there to find work.

We're not sure if she should just not mention that fact when she enters, and just claim its a holiday, or if she should state that she will be looking for work .. Either way, if she doesn't have work in 90 days, she will have to leave .. im just worried it might make things difficult coming in ..

Can anybody give me some guidance here?

Thanks

Edited November 19, 2012 by cheyne

[Sunnyland 639]

As far as I know, she is not allowed to work with a tourist visa. That's illegal. If she wants to work she needs to apply for a different type of visa.

[illama 1]

Thats fine .. She wont be working without a Visa, my question is if she will have problems entering the country for the purpose of finding work. Once she has a job offer, she will go through the visa application process like everyone else, she wont actually start work until she's legal.

Edited November 19, 2012 by cheyne

[NigeriaorBust 4,087]

Even the two of you travelling as a couple could raise red flags about her intent. she may have better luck seeking an interested company from home and travelling separately to interview, then leaving to wait for a proper work visa.

[Sunnyland 639]

Thats fine .. She wont be working without a Visa, my question is if she will have problems entering the country for the purpose of finding work. Once she has a job offer, she will go through the visa application process like everyone else, she wont actually start work until she's legal.

If she informs the POE officer that her intentions is finding work in US they may consider that an inmigration intent and would not be allowed to enter to US. At the port of entry a USCIS official may deny her the admission if the traveler's activities are not compatible with the specified visa category. If she gets a job offer I think she will have to go back to her country and apply for the specific visa that allows her to work on that job and that will depend also if that company that offered the job is willing to wait until she gets that work visa, etc. If she lies, saying that she is only visiting when her true intentions is finding a job, may be considered as fraud.

Edited November 19, 2012 by Chris & Isa

[kzielu 1,149]

Also, recognize that her chances of getting visa during her 3 months period on VWP are very slim. Earliest time she can get H-1B (still need to find employer first) is October next year and she needs to be in status to be eligible. She will not be able to extend her VWP beyond 90 days. Flawed plan from very beginning (IMO).

[illama 1]

She would be applying for the E-3 Visa, same as me .. Which is for Australians. She is also Australian.

There is no time limit for applying for these, like the H1B

[Teddy B 17,252]

It's not legal to look for work on a tourist visa. Seeking employment does not fall under the category of "tourism". If your girlfriend tells any immigration officials that she plans to look for employment while in the US on a tourist visa, she will be turned around. Also, if she does look for work while on a tourist visa and finds a job, she will more than likely be questioned when she applies for her work visa about why she came here on a tourist visa if her intent was to seek employment. She also would have to fill a job opening that no American could do, just like your E-3, and also find an employer willing to pay for the sponsorhip. With the economy the way it is right now, that's not an easy task.

Not sure how serious you and your girlfriend are in your relationship, but E-3 allows for spouses to come to the US.

Edited November 19, 2012 by Teddy B

[illama 1]

Thats not entirely true ..

You can look for a job and interview on the Visa Waiver Program ... See the 2nd and 3rd points here: canberra.usembassy.gov/e3visa/apply_search.html

The difference is you can't move there with the intention of immigrating on the VWP.

Regarding a job opening that no american can do, thats not true either .. I was granted my E3, 2 year Visa, I have no degree, just work experience, and where Im working (Silicon Valley) is full of americans that do the same thing .. its a specialist job, but there's plenty of people that do it in the US..

She already has a few job interviews waiting for her .. but its just not working without having a face to face interview ...

[Touch of Treble 39]

but we're worried about the whole situation of her entering the country with no explicit exit date for her, and with the purpose to find work but without a secured visa.

Will this cause us a problem at the border?

Sounds to me like the easiest way to take care of your concerns re her departure date is to buy a round trip ticket with a date set for 85 days from date of arrival. Then change the date if you need to from there. To enter on a VWP without a return ticket already purchased would be a little strange and could cause POE to deny her entry. They may not realise that she has no return date set, though, so your worries may not even be an issue. I think one of the areas POE looks for, if they see a red flag, is ties to the home country, like rental agreement or home ownership, work to return to etc. You seem to know what you are doing...

[Teddy B 17,252]

Thats not entirely true ..

You can look for a job and interview on the Visa Waiver Program ... See the 2nd and 3rd points here: canberra.usembassy.gov/e3visa/apply_search.html

The difference is you can't move there with the intention of immigrating on the VWP.

Regarding a job opening that no american can do, thats not true either .. I was granted my E3, 2 year Visa, I have no degree, just work experience, and where Im working (Silicon Valley) is full of americans that do the same thing .. its a specialist job, but there's plenty of people that do it in the US..

She already has a few job interviews waiting for her .. but its just not working without having a face to face interview ...

Even though that embassy site says you can look for work on the VWP, I disagree with it and stand by my original statement, it wouldn't be the first time an embassy site had the wrong information posted on it. A tourist on VWP is the equivalent of a tourist on a B1/B2 visa and follows the same rules. Nowhere on the USCIS website does it state that a B1/B2 or VWP visa holder can look for work. A B1 tourist can conduct business transactions with existing business partners, attend conferences and negotiate contracts. I suggest you go to the following link and read about the B1 visa requirements. B1 Visa You may also want to read the following article: Can I look for work on a VWP?

In regards to your getting an E-3 with no degree and just work experience, I would say that is pretty difficult to do. The minimum requirement for obtaining an E-3 visa is a bachelor's degree or it's equivalent. An E-3 visa is a "specialty visa".

E-3 Certain Specialty Occupation Professionals from Australia

The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States

E-3 Visa

Edited November 20, 2012 by Teddy B

[justashooter 430]

"The E-3 visa is similar in many respects to the H-1B visa. Important differences include the fact that spouses of E-3 visa holders may work in the United States without restrictions (unlike other US non-immigrant visas, even the TN visa issued to Canadian and Mexican citizens), even if they are of a different nationality...Australians who are already in the United States on another type of temporary/non-immigrant visa may also apply to change their status to an E-3 visa. Change of visa status is not possible if the applicant has entered the country under the visa waiver program, however, if the applicant has entered on a different visa (F-1 student) then a change of status is allowed."

http://en.wikipedia.org/wiki/E-3_visa

looks like you should get married...

[justashooter 430]

The minimum requirement for obtaining an E-3 visa is a bachelor's degree or it's equivalent.

there are lots of people out there with free-standing professional credentials that are regarded as equivalent to a bachelors degree, or more.

[Teddy B 17,252]

"The E-3 visa is similar in many respects to the H-1B visa. Important differences include the fact that spouses of E-3 visa holders may work in the United States without restrictions (unlike other US non-immigrant visas, even the TN visa issued to Canadian and Mexican citizens), even if they are of a different nationality...Australians who are already in the United States on another type of temporary/non-immigrant visa may also apply to change their status to an E-3 visa. Change of visa status is not possible if the applicant has entered the country under the visa waiver program, however, if the applicant has entered on a different visa (F-1 student) then a change of status is allowed."

http://en.wikipedia.org/wiki/E-3_visa

looks like you should get married...

My thoughts exactly.

[Teddy B 17,252]

there are lots of people out there with free-standing professional credentials that are regarded as equivalent to a bachelors degree, or more.

Maybe so, but why pay extra money to hire an employee from another country when the talent pool here is full?