Mac2501

Hi all,

I'm 47 married with 2 children, currently serving in the British Army, i've been offered employment by a well established company in the USA in a field that i specialise in ( that are willing to sponsor me ) i want to get the ball rolling ASAP but don't know where to start.

I've been looking at visas and i'm assuming i would come under either the EB or HB visas.

Can anyone recommend a decent Immigration specialist ?

i'm currently looking on www.visaplace.com

cheers in advance.

Nutmegger

Welcome to BE! It is the prospective employer that gets the ball rolling for you. They should be telling you what visa they plan to apply for, so perhaps you can go back to them and ask. Note that, if you do want to pay for advice yourself, you should consult a specialist AILA accredited attorney, not an "immigration specialist."

Jerseygirl

Welcome to BE.

Nutmegger’s advice is spot on.

Mac2501

Nutmegger,

Thanks for getting back to me so quick, the company in question have never hired a foreign national before, i would be the first hence why they told me to get the ball rolling( i don't think they understand what they need to do)
So i will go back and advise them they need to start the process.

any idea how they do that ?

christmasoompa

They need to hire an immigration lawyer and apply for your visa. For H1-B, unless the company is cap exempt then they've missed the boat for this year and would have to apply in next year's lottery (about a 1 in 4 chance of being granted a visa going on previous years), and wait until October 2023 for you to be able to start if they are lucky and get one.

EB refers to the green card categories, most companies are reluctant to go down that route as it means you can then leave and work for anybody else, plus it costs more and takes longer. But it may be the only option if you/the job doesn't qualify for any other employment based visa.

This Wiki article sets out all the various visa options, so you can read up on them all and see what you may be eligible for - https://britishexpats.com/wiki/Pulas...rk_in_the_USA_

And as above, steer well clear of 'visa specialists'! The company should pay for a proper lawyer.

Good luck.

S Folinsky

Hi

I am a former immigration lawyer retired from long practice. Being an inactive member of the bar, the advice I give here is limited to “retain or consult with competent immigration counsel.” Given the normal DIY ethos of this forum, I often draw minor flack for that advice. That said, it is notable that the forum groupthink for you is the same that I would give.

In addition to looking at AILA, it should be noted that the State Bars of California, North Carolina and Texas certify specialists in immigration and nationality law. (25 years back, I was a member of the California immigration commission for three years). Certification involves passing an exam on the subject and obtaining requisite recommendations. I just looked at the current lists from each state and saw several names I would not hesitate to recommend.

A common referral source for immigration lawyers is other non-immigration lawyers. Your prospective employer may have a lawyer they use for business advice.

I disagree about employers not wanting to do immigrant cases because of the freedom it gives to obtain other employment. This is particularly true given the “portability “ provisions in the immigration laws. In fact, given the timing of the portability provision and the processing times, the permanent process often is motive not change employers.

steph0scope

It would be somewhat of a red flag to me that the company has never been through this process before and is so clueless about it. Obviously someone has to be first but it sounds like they are not even taking appropriate legal advice or they would know that they are the ones to do all the legwork. I’m not sure I’d want to work for a company that is so unprepared, much less uproot my whole life and family for them.

What is the job role? Would it come under the O visa categories? You mention H-1B and EB but there are others too. It’s important for you to know which category it is as it will affect whether your wife can work, how long you are likely to be here, your status here (either visa holder or GC holder/permanent resident) and many other aspects of your life.

Pulaski

... And the not-inconsiderable expense.

Unfortunately it is relatively common to get this type of question here on BE. Pre-pandemic there were a handful of similar questions posted every year "I've been offered a job, vut they need me to get a visa, as they're not sure how/ haven't done it before."

Typically the would-be employer seems to have thought it would be an easy formality, and/ or was not willing to put in any expense or effort required above and beyond hiring locally.