Relocate/immigration visa advice

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Old Jun 16th 2017, 10:28 pm
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Default Relocate/immigration visa advice

Hi Guys,

I am at the start of the process, reached out to a few recruiters in the states but not really sure how best to go about immigrating.

We are a family of 3;

I'm a Motion graphics designer, with a BA Hons degree and experience in most area of marketing and production.

My partner works with special needs children and has GNVQ qualifications relevant to her role.

Our daughter is 4.

After reading and searching I think I need ether a artist visa or a job that will sponsor my relocation. However I do not know how best to make myself a appealing candidate in regards to visa etc.

Any advice would be much appreciated.

Cheers

Jac
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Old Jun 16th 2017, 10:43 pm
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Default Re: Relocate/immigration visa advice

Originally Posted by Jac.Morton
Any advice would be much appreciated.
So long as you accept that this will likely be a long-term plan, you might well have a chance... probably 5-10 years! This isn't likely to happen sooner than that.

In a nutshell, there are 3 routes to the US: family-based, employment-based, and investment-based. I'm going to rule out family-based since you're looking for other routes. That leaves employment- or investment-based.

Start here. It outlines all the possible visas that are available. Read everything... dry though it may be. Read first... then ask questions. Once you've narrowed down your choices, c'mon back and we can all have a chit chat about how to move forward. Read... digest... read again.

Regardless, unless you and your partner are married, there's no chance of a derivative visa.

Ian
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Old Jun 16th 2017, 10:52 pm
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Default Re: Relocate/immigration visa advice

Originally Posted by ian-mstm
So long as you accept that this will likely be a long-term plan, you might well have a chance... probably 5-10 years! This isn't likely to happen sooner than that.

In a nutshell, there are 3 routes to the US: family-based, employment-based, and investment-based. I'm going to rule out family-based since you're looking for other routes. That leaves employment- or investment-based.

Start here. It outlines all the possible visas that are available. Read everything... dry though it may be. Read first... then ask questions. Once you've narrowed down your choices, c'mon back and we can all have a chit chat about how to move forward. Read... digest... read again.

Regardless, unless you and your partner are married, there's no chance of a derivative visa.

Ian
Hi Ian,

Thank you for your quick reply. I believe my best option is the employment route. Time frame wise I was hoping 3 years(ish) but I am prepared to wait and see it through.

I fill most of the criteria but as I work in a creative field it is subjective wether I have skills/experience that aren't available from a US citizen.

What would you recommend my next step should be?
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Old Jun 17th 2017, 1:10 am
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Default Re: Relocate/immigration visa advice

Originally Posted by Jac.Morton
Hi Ian,

Thank you for your quick reply. I believe my best option is the employment route. Time frame wise I was hoping 3 years(ish) but I am prepared to wait and see it through.

I fill most of the criteria but as I work in a creative field it is subjective wether I have skills/experience that aren't available from a US citizen.

What would you recommend my next step should be?
For an H-1B visa:
1. Network within your field.
2. Put your US-style resume out on LinkedIn and such sites.
3. Hope someone finds your skills attractive enough to head-hunt.
4. Make direct contact with potential employers and hope they find your skills attractive enough to pay the cost of sponsoring you for a work visa.

Keep in mind that unless the job is with an educational institution or non-profit organization, the employer can't file a petition for you until April 1, 2018, for a start date in October 2018. Also, your wife would not be able to work in the USA AT ALL on the derivative H-4 visa.

For an L visa:
1. Get a job with a UK company that has offices in the USA.
2. After 1 year of work, try to get a transfer to the USA.

The L visa can be obtained any time of year. Your wife would be allowed to work on the derivative L-2 visa (after obtaining an EAD in the USA).

Note that for either of these ways to work, you must be legally married. Also note that neither path leads directly to a green card. It would be up the employer to sponsor your green card or not. Some will, some won't.

Rene
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Old Jun 17th 2017, 1:22 am
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Default Re: Relocate/immigration visa advice

You might have to make a sidestep by moving somewhere else to achieve your goal. Not sure what industry you're in but my ex-husband is in film special effects (digital compositing) and he moved to London to work for one of the big FX houses (even though he really didn't want to live in London) in order to get a transfer. In his case it was a transfer to the Far East but the company also transferred many people to the office in Hollywood. You might have to take a similar route. If you want it badly enough, you'll find a way.
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Old Jun 17th 2017, 1:32 am
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Default Re: Relocate/immigration visa advice

Originally Posted by Jac.Morton
I believe my best option is the employment route.
Great. Which visa do you think you're eligible for?


I fill most of the criteria...
Great... for which visa?


... as I work in a creative field it is subjective wether I have skills/experience that aren't available from a US citizen.
I agree - and that's one reason this is going to be a long-term journey for you.


What would you recommend my next step should be?
Become more specific.

You need to decide whether or not you qualify for a specific visa. If you do, then you need to pursue that. While there are a couple of visas that don't need a US-based sponsor, the process for most employment-based visas must be started by the US company that hired you. Getting a job is relatively easy... getting a company to sponsor you for a visa is quite a bit more difficult.

Ian
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Old Jun 17th 2017, 3:55 am
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Default Re: Relocate/immigration visa advice

Lot to be said for getting a company transfer.
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Old Jun 17th 2017, 6:38 pm
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Default Re: Relocate/immigration visa advice

What about an O visa?
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Old Jun 19th 2017, 12:33 pm
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Default Re: Relocate/immigration visa advice

Hi Ian,

The visa I have been looking at is the artist one (01 visa I think).

With it being subjective whether I have a skill that currently isn't available in the US is why I think I fill most of the criteria.

In regards to next step, what I mean is should I be contacting any specific recruiters or use paid sponsorship service.

Cheers

Jac
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Old Jun 19th 2017, 12:34 pm
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Default Re: Relocate/immigration visa advice

Originally Posted by Rete
What about an O visa?
I'm looking in to this, would I need to apply for this through a paid service?
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Old Jun 19th 2017, 12:38 pm
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Default Re: Relocate/immigration visa advice

In regards to my partner not being able to work on my visa.

Am I right in thinking that if we as family relocated on my visa.

My partner would need a company to sponsor her to obtain a working visa?
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Old Jun 19th 2017, 12:56 pm
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Default Re: Relocate/immigration visa advice

Originally Posted by Jac.Morton
In regards to next step, what I mean is should I be contacting any specific recruiters or use paid sponsorship service.
I'm not sure there are any specific recruiters - but be sure to thoroughly check out any sponsorship services... and, for god's sake, don't simply read the reviews on their web site or other literature. Those are specifically geared to getting your business - and we've seen too many people pay a lot of money only to get nothing in return. Don't pay anything until such time as you independently verify the work they do.


Am I right in thinking that if we as family relocated on my visa.
My partner would need a company to sponsor her to obtain a working visa?
You and she must be married for her to gain any immigration benefit from your visa. She and your daughter will get O-3 visas... but will not be allowed to work at all. She may or may not be able to find a company willing to sponsor her for employment-based status. If she pursues an employment-based visa independently from your O visa, you may or may not end up in the same state, let alone the same city!

Ian
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Old Jun 19th 2017, 1:00 pm
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Default Re: Relocate/immigration visa advice

Originally Posted by Jac.Morton
I'm looking in to this, would I need to apply for this through a paid service?
For an O visa, I suggest consulting with an immigration lawyer with experience in O visas. It sometimes takes someone who knows exactly what USCIS is looking for, to put together the best case in your favor.

Rene
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