jeffreyhy

It would be reasonable to say what the actual purpose of your visit is.

It would not be reasonable to 'spin' it to sould like something that you think might get you through immigration.

Regards, JEff

Brodel

Thanks for recommending the two week limit. To be honest, the idea of two months was looking pretty expensive with no wage.

So for an H1B I would have to show that I am being paid a lot more than the average wage for my position? Currently that is far from it as I'm on a low interns wage which I invoice the company for.

The reason would be to see if my current design experience from a UK company/market, is something that they might deem useful in selling some of their own items to the UK or to develop new items for the US. When I skyped with the CEO, he mentioned I might have a good feel for the design style/sense of humour for what would sell in the UK (the company designs and develops a lot of novelty gifts and gadgets).

But again, does that not imply that I would be there to work on a trial basis?

Chrisdc

You need to be paid more than the average wage for that job in that market.

Brodel

ok, so if I have skills that they consider valuable but I am not being paid over what is considered the average wage, it is pointless to apply?

Chrisdc

For H1b, I would say yes. It's a specialist worker visa.

Brodel

ok thanks. It looks like there is no path for me to take the unfortunately.

Noorah101

I could be wrong, but I don't think it's your current pay that counts...it's what the H1B sponsoring employer is going to pay you.

Rene

davejc

yes,

I just went through the H-1B application process, I didn't once have to explain what I was currently being paid, my employer (new US employer) had to show what they would be paying me, and show that it was above the prevailing wage, which is why they need to go to the DOL to get a LCA..

hope that makes sense

Brodel

Thanks for that davejc. I'm getting a bit lost with all the acronyms though, what is DOL and LCA short for?

Is it possible to just show the wages offered for similar jobs advertised in the area at the time, or is there a specific way that you have to prove what the average wage for that position is?

Noorah101

DOL = Department of Labor
LCA = Labor Condition Application?

Rene

davejc

yes, sorry the acronyms are rife in these things!

I believe the Department of labor (DOL) sets the prevailing wage based on the job description and details the employer provides to them in the labor condition application (LCA), they then reply with the prevailing wage... my own LCA is actually in my office, so I can confirm this tomorrow when I can get my hands on it...

I believe your employer needs to demonstrate that the position they want to hire you for requires a minimum of a 4yrs Bachelors degree hence the requirement for the h-1b speciality occupation visa..

jeffreyhy

No. But it's not me who you have to convince to grant you entry. Some CBP officers might think as I do, others may think as you do. In any case, trying to second-guess how a particular CBP officer might think is likely to backfire.

Regards, JEff

Chrisdc

Worth noting: if the job is not in NYC or LA, you might find the prevailing wage is not that high. "Graphic designer" will include people laying out the classifieds for the free local newspaper etc...

Brodel

Thanks for the clarifications on everything, I appreciate it. The job is in Denver, Colorado so I'm assuming the wage might be low going on what you said. If anything, comparing wages with local newspaper adds could be a good thing as they US company would not have to be paying me a big wage and might be more willing to employ me?

So just so that I have this straight when I talk to the US CEO next week. There might be two options, I go for a couple of weeks on a business trip to see the way that they work and whether or not my skills an experience are something that they might deem useful, and/or I freelance on a few projects with them from the UK to see if they think I am worth having come work for them.

The next step being that they would have to file for an H1b visa, in which they would have to offer me a wage that is higher than the average wage for that.
My degree not being in Graphic Design is not a problem though?

jxv73

No, the current job has nothing to do with it. It is for the H1B job. The DOL has to make sure the employer is not undercutting and suppressing US wages.

It is not black and white. The degree must be at least somewhat related to the specialty occupation.