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Work Permit & Relocation queries?!

Work Permit & Relocation queries?!

Old May 10th 2002, 6:04 pm
  #1  
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Joined: May 2002
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Default Work Permit & Relocation queries?!

Hi Everyone

I really need some help and i have been told that this is THE best place to ask and get proper guidance, so here I am.

I am currently living in the UK, my Uncle who lives in Cleveland owns a chain of grocery stores and as he knows i have always wanted to live in the US offered me a job there at his store and accomadation at his house. I want to take his offer up, but would like some advice as to what i should do in order to legally get out there. Every website i have researched this on have all come back with conflicting rules and not sure which is the best source to go by. I want to go there and work and perhaps apply for a green card while i am out there, is this at all possible?

Also i have heard that just by going there and being employed in a grocery store is enough for my application to be refused, as they only want certain calibre of professionals is this true too? I was also told that my uncle would have to explain to the INS why he would want me to come there, and also to explain why a american couldnt do the job too, is this all true as well?

Any advice, tips, suggestions etc etc would be greatly appreciated, many thanks
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Old May 12th 2002, 5:20 am
  #2  
Ingo Pakleppa
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Posts: n/a
Default Re: Work Permit & Relocation queries?!

On 10 May 2002 18:20:13 GMT, Megaman <[email protected]> wrote:

    >Hi Everyone
    >
    >I really need some help and i have been told that this is THE best place to ask and
    >get proper guidance, so here I am.
    >
    >I am currently living in the UK, my Uncle who lives in Cleveland owns a chain of
    >grocery stores and as he knows i have always wanted to live in the US offered me a
    >job there at his store and accomadation at his house. I want to take his offer up,
    >but would like some advice as to what i should do in order to legally get out there.
    >Every website i have researched this on have all come back with conflicting rules
    >and not sure which is the best source to go by. I want to go there and work and
    >perhaps apply for a green card while i am out there, is this at all possible?
    >
    >Also i have heard that just by going there and being employed in a grocery store is
    >enough for my application to be refused, as they only want certain calibre of
    >professionals is this true too? I was also told that my uncle would have to explain
    >to the INS why he would want me to come there, and also to explain why a american
    >couldnt do the job too, is this all true as well?
    >
    >Any advice, tips, suggestions etc etc would be greatly appreciated, many thanks
    >

What you are trying to do is not easy to accomplish. Exactly what kind of work would
you be doing at the store? If it is unskilled work, or work that requires less than a
college degree, then your only option is an EB-3 Green Card. The employer will indeed
have to show that there is no American who would be able and willing to take the job
- and the employer must offer a competitive salary (at the "prevailing wage" for the
type of job).

In addition, it is likely that the job is a "Schedule B" job. This Schedule B is a
list prepared by Department of Labor that lists jobs where generally there are enough
Americans. Your uncle would in this case have to explain why in this particular case,
there still aren't enough Americans for the job. The only justification I could think
of right now is that the store is in a place where there just aren't people - for
instance, if it is off a deserted highway (but then, why would your uncle have a
store in such a location?)

I'm not saying it's impossible, just difficult. What you should do is hire an
immigration attorney. The attorney will initially need two things:

- a detailed job description with the education requirements. These requirements
must have business justification, for instance, your language skills probably
won't count.

- details about your experience and training. What level of education did you
achieve? How much experience related to the job offered do you have?

Hope this helps!

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 
Old May 12th 2002, 7:22 pm
  #3  
Just Joined
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Joined: May 2002
Location: UK
Posts: 9
Megaman is an unknown quantity at this point
Default Re: Work Permit & Relocation queries?!

Hey Ingo

Thanks very much for the reply, it certainly explains things a lot better.

I basically want to come to the US as quickly as possible so i have though of an alternative route in doing this and would appreciate yours or anyones feedback on this;

What i was thinking of doing is entering the US on a tourist Visa, and stay with my Uncle for 6 months, and at the same time do some volountary work there for him at his store, as a sideline in keeping me busy, is there a law against this in the US? If so what i would need to do?

At the same time i was going to enrol with some employment agencies and look for a job, if i was to get an interview in the six months i was there and got the job what would happen then? Would the company involved, file papers for a work permit for me? If so could i apply for a green card while i am working for this company, and with that permit? If not what would i have to do?

Thanks -
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Old May 13th 2002, 1:20 pm
  #4  
J. J. Farrell
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Posts: n/a
Default Re: Work Permit & Relocation queries?!

"Megaman" <[email protected]> wrote in message
news:[email protected]...
    >
    > What i was thinking of doing is entering the US on a tourist Visa, and stay with my
    > Uncle for 6 months, and at the same time do some volountary work there for him at
    > his store, as a sideline in keeping me busy, is there a law against this in the US?
    > If so what i would need to do?

You can't work on a tourist visa. "Work" doesn't mean "get paid", it means doing
anything for which someone would normally be paid. You cannot work in a store whether
you get paid or not.

    > At the same time i was going to enrol with some employment agencies and look for a
    > job, if i was to get an interview in the six months i was there and got the job
    > what would happen then? Would the company involved, file papers for a work permit
    > for me? If so could i apply for a green card while i am working for this company,
    > and with that permit? If not what would i have to do?

That's basically it, but don't forget that the company is very unlikely to get a
permit for you unless you have a degree or twelve years of experience, the degree is
required for the job, and the company can't find an American to do the job.
 
Old May 14th 2002, 12:20 pm
  #5  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: Work Permit & Relocation queries?!

On 12 May 2002 20:20:04 GMT, Megaman <[email protected]> wrote:

    >Hey Ingo
    >
    >Thanks very much for the reply, it certainly explains things a lot better.
    >
    >I basically want to come to the US as quickly as possible so i have though of
    >an alternative route in doing this and would appreciate yours or anyones
    >feedback on this;
    >
    >What i was thinking of doing is entering the US on a tourist Visa, and stay with my
    >Uncle for 6 months, and at the same time do some volountary work there for him at
    >his store, as a sideline in keeping me busy, is there a law against this in the US?
    >If so what i would need to do?

Yes, that's illegal. Your only option in this case would be not to do
it.

By the way, as a tourist, there is a good chance you would only be admitted for 30
days rather than six months - this is a proposed new INS regulation that is not in
effect yet.

    >At the same time i was going to enrol with some employment agencies and look for a
    >job, if i was to get an interview in the six months i was there and got the job what
    >would happen then? Would the company involved, file papers for a work permit for me?
    >If so could i apply for a green card while i am working for this company, and with
    >that permit? If not what would i have to do?

i.u.Farrell already explained this: you pretty much need a college degree, and the
job must be related to it.

There are a number of alternatives, but they are so difficult that it is near
impossible to use them.

- Seasonal worker (H-2A for agricultural work or H-2B for non-agriculture). These
visas require a ton of paperwork, and they require that the job is seasonal in
nature. For instance, farm hands helping with a harvest would qualify for an H-2A,
and I met a hockey player who qualified for an H-2B (but had to leave the US for
three months per year during the off season).

- Exchange visitor (J-1). This would let you work in the US for the duration of the
program according to the sponsor's rules. It may be possible to find a sponsor who
would allow you to work for your uncle. Sponsors for J-1s are always accredited
organizations, not the employer himself. For instance, in Britain most J-1s are
sponsored by BUNAC.

- P if you are a professional athlete.

- R if you are working in the religious field.

- L if you were transferred from a foreign branch of the company to a US branch. You
would need "specialized knowledge" to qualify, and you must have worked for the
foreign branch of your uncle's business for at least a year (six months in some
cases that wouldn't apply).

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 
Old May 14th 2002, 5:39 pm
  #6  
Just Joined
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Joined: May 2002
Location: UK
Posts: 9
Megaman is an unknown quantity at this point
Default Re: Work Permit & Relocation queries?!

Thanks for the replies guys

Is it absoloutley imperative that i have a college degree? What i mean is is there no way for me get a decent job in the US on my work expereince alone? I dont mind starting at the bottom rung of the ladder again as long as i can work. Isnt there something that employment agencies can do in finding me a job that wouldnt require a college degree and based on my work expereince?

To be honest i am getting a little disheartened, i have a GF there too but she always flies here to the UK, and once or twice i have flown there and i thought if i could work and live there and develop my relationship, then all my problems would be solved so to speak.

Also when i actually come to the US again in the coming months, when asked what is the purpose of my visit, should i declare it is for a vacation or should i say that i am actively looking for work too while im there?

Last edited by Megaman; May 14th 2002 at 5:46 pm.
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Old May 14th 2002, 10:20 pm
  #7  
Sylvia Ottemoel
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Posts: n/a
Default Re: Work Permit & Relocation queries?!

Megaman wrote:

    > Is it absoloutley imperative that i have a college degree?

No, it is not absolutely imperative, but without the college degree or 12 years of
experience (which might qualify you for the H-1B category), there is no category of
temporary visa status (which you refer to as "permit") into which you can fit
yourself easily.

There is no temporary status which includes in its definition "starting at the bottom
rung of the ladder." In its labor and immigration law, the United States specifically
attempts to protect its citizens from job competition at lesser skilled levels.

I suggest that you reread Ingo's posts very carefully, and read up on things like
H-2B and J-1 and labor certification. I like this site for general information:
http://www.americanlaw.com/info.html

What i mean
    > is is there no way for me get a decent job in the US on my work expereince alone? I
    > dont mind starting at the bottom rung of the ladder again as long as i can work.
    > Isnt there something that employment agencies can do in finding me a job that
    > wouldnt require a college degree and based on my work expereince?
    >
    > To be honest i am getting a little disheartened, i have a GF there too but she
    > always flies here to the UK, and once or twice i have flown there and i thought if
    > i could work and live there and develop my relationship, then all my problems would
    > be solved so to speak.
    >
    > Also when i actually come to the US again in the coming months, when asked what is
    > the purpose of my visit, should i declare it is for a vacation or should i say that
    > i am actively looking for work too while im there?

Well, you should tell the truth in response to direct questions. However, if you tell
the INS officer that you are looking for employment, you are taking a risk of denial
of admission to the U.S.
 
Old May 15th 2002, 8:20 am
  #8  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: Work Permit & Relocation queries?!

On 14 May 2002 18:20:04 GMT, Megaman <[email protected]> wrote:

    >Thanks for the replies guys
    >
    >Is it absoloutley imperative that i have a college degree? What i mean is is there
    >no way for me get a decent job in the US on my work expereince alone? I dont mind
    >starting at the bottom rung of the ladder again as long as i can work. Isnt there
    >something that employment agencies can do in finding me a job that wouldnt require a
    >college degree and based on my work expereince?

The problem is that the US does not want people to come here and start at the bottom
rung - the US specifically is looking for people who would start at the top of the
ladder! The reason is simple, at least in theory: there are enough Americans who
would work at the bottom of the ladder.

You can indeed get a work visa based on work experience alone. In order to qualify,
you would need 12 years of experience, and you must now have reached a level of
qualification that is equivalent to a college degree.

    >To be honest i am getting a little disheartened, i have a GF there too but she
    >always flies here to the UK, and once or twice i have flown there and i thought if i
    >could work and live there and develop my relationship, then all my problems would be
    >solved so to speak.
    >
    >Also when i actually come to the US again in the coming months, when asked what is
    >the purpose of my visit, should i declare it is for a vacation or should i say that
    >i am actively looking for work too while im there?

If you do as much as say the word "work" you will find yourself on the next plane
back to the UK. Working is illegal in your situation. Period.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 
Old May 15th 2002, 10:30 pm
  #9  
Just Joined
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Joined: May 2002
Location: UK
Posts: 9
Megaman is an unknown quantity at this point
Default Re: Work Permit & Relocation queries?!

Thank you for all your help i really appreciate your time in answering my questions.
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