HammHetfield

I might have been unclear, I apologize. My goal isn't to become a permanent US resident or even stay there for a long time right now, I'm just considering this idea and having a job in the US for a year or 2 would be a good way for me to see if I would like it. So yes, being in the US matters, it's part of the reason. Ah, really have a hard time explaining this...

The thing is, in the field I'm working in, in Europe there are only few agencies that care to do thing right and that I would like to work for, and most of them don't hire anymore or only people with a lot of skills, experience and everything. It appears to me that this is a little different in the US where the advertising, communication is really different than what it is in Europe and where you can have a chance when you're younger (of course you get a pay according to you experience but at least you have a chance).

Being in the US is not the end goal, but having a job I like is.

I know that if I ever want to work in the US I'll have to be worth a long-term visa for an employer and meet some requirements, before I work on this part (probably get a degree while keep working from France to get more "points" for experience + years of study). Before I decide to do all this, I think a first real experience working here for a year or two would allow me to have a real vision of what it is and know if it is what I'm searching for or not.

So yes moving to the US is important to me.

Again I'm sorry if this wasn't clear, I should have explained.

S Folinsky

Your questions are good ones.

It pays to remember that the US immigration laws are ones of exclusion -- the underlying premise is that you cannot come to the US to work. So your question is more along the lines of "Is there an exception that I qualify for."

The H-1b is for those in "specialty occupations" to temporarily work in the United States. As you note, you do not meet the definition yet.

The H-2 is for people coming in for temporarily for temporary occupations in which the employer cannot find US workers. This has what us immigration lawyers call the "double temporary" requirement. I have seen French H-2's as -- ski instructors.

Good luck.

md95065

Actually you are explaining it very well - the problem is that it will be extremely difficult for you to do the precise thing that you want to do - so people are suggesting alternatives which are more likely to be possible but which are not exactly what you want.

ian-mstm

In case you're not aware, the US doesn't use a points-based immigration system. If you're eligible for a visa, you apply... and even if you're well qualified, you still might not get a visa.

Following up on what Mr. Folinsky wrote, the US immigration system is designed specifically to keep non-US citizens out of the US unless they fall within a few very narrowly-defined exceptions.

Ian

HammHetfield

Oh I see... but um. Really no offense, but I just did not felt like you answered my questions, at least not the specific ones. Maybe that's because the answer seems logical though, or maybe it was implied but I didn't understood.

Just to make sure, here are the things I'm wondering :

Does this situation appear as there is a shortage to you ? It a pretty specific job and the area seems not to have much Web Designers with those skills and speaking french is a plus which I'm sure is even more rare. My question is would that be considered as shortage by the US ?

The other question is about the "temporaryness" of the job. Most of the time the H-2B visa is talked about for seasonal work, which isn't my case, but the I-129 form also have other cases like "peakLoad", "One-time occurence". Do those categories of non-seasonal, temporary job still works or are they more likely to fail than a seasonal job ?

And the last one is about the interview I would have in France where they would evaluate wether I will come back to France after my contract... I have a one-man company that I do not intend to terminate, 2 bank accounts, no family in the USA and my family in France. Would that be enough or would I need more proof that I'm going to stay ?



I'm not searching for alternatives, even though that's sweet of you to suggest some but my main goal right now is to see if I have a chance for this to work or not. If I don't well... that's the game, I will find something else to do, or just keep working as I do right now, this isn't a problem, I just have this opportunity and would like to give it a try, but that's it.

Noorah101

Hamm,

It really is the company who begins all this visa paperwork and process. The company is the one who needs to employ an Immigrant Attorney to decide if the job they have open fits any of the available visa categories, and also to see if your qualifications fit whatever visa category might be available. If it's a go, then the company pays all the fees and whatnot, and employs the immigration attorney to do the petition and get the visa process done.

I know you're asking if the job (or you) even qualifies for any type of visa. But really, the company should be the one figuring this out FOR you. They are the ones who want to hire you. I'd get back in touch with them, and let them know you are interested in the position, and give them the go-ahead to figure out what visa to get for you.

If the company is too small, they might not want to even bother with all of this. If the company has never hired a foreign worker, they might not be willing to begin going through all of this process. At least then you'll know.

Rene