Green Card through Employment

LC 2015

Hi,

I'm be finished my leaving cert next year and I'm looking to move to the US.

There's a company willing to give me permanent employment but I'm just wondering if I'm eligible.

From what I've read "The U.S. employer must demonstrate to the satisfaction of the U.S. Department of Labor (DOL) that no qualified U.S. worker is willing and able to take the job. To do this, the employer undertakes an actual recruitment process, advertising the job according to strict DOL specifications and offering at least the going rate of pay"

Is this the only requirement? Or must I have a educational qualifications too?

Also, could the employer just say that the worker must be able to speak Irish & Italian as a requirement, would that be enough? (Along with the general job skills too)

If I were to do a J1 instead, do I actually have to be enrolled in college or could I defer my entry and then do it?

Thanks,

ProudDUB

Are you aware that the company offering you employment, has to spend between $5,000 - $10,000 to sponsor you for a visa? It's not enough just to offer you a job, they have to apply for the visa on your behalf and pay all the processing fees. Are they aware of that? It is not uncommon for US companies to offer people jobs and not to be aware of what it entails for the employee to work legally in the US.

If you want to do a J1, you have to be enrolled in full time third level education. You can't defer it.

LC 2015

ProudDUB wrote: »

Are you aware that the company offering you employment, has to spend between $5,000 - $10,000 to sponsor you for a visa? It's not enough just to offer you a job, they have to apply for the visa on your behalf and pay all the processing fees. Are they aware of that? It is not uncommon for US companies to offer people jobs and not to be aware of what it entails for the employee to work legally in the US.

If you want to do a J1, you have to be enrolled in full time third level education. You can't defer it.

Yep, they're fully aware of all that, everything's good to go. So there's no other requirements other than the fee and the job?

I don't want to go into detail but basically a project of mine was acquired by them and I'll be moving to continue working on it with them.

ProudDUB

No, there is a lot more to it than that.

The company will apply for a H1B visa for you. (You won't qualify for a green card for several years, if ever.) There is a finite number of H1B visas to go around. This years allocation was over subscribed on the very first day that applications opened. It is just the luck of the draw really as to whether or not your application will get one of the visas. Getting the US govt to give a work visa to a teenager, who has zero third level qualifications or in demand professional skills or experience, is going to be an uphill struggle, to be honest. Your speaking a certain language would not qualify in that regard.

LC 2015

ProudDUB wrote: »

No, there is a lot more to it than that.

The company will apply for a H1B visa for you. (You won't qualify for a green card for several years, if ever.) There is a finite number of H1B visas to go around. This years allocation was over subscribed on the very first day that applications opened. It is just the luck of the draw really as to whether or not your application will get one of the visas. Getting the US govt to give a work visa to a teenager, who has zero third level qualifications or in demand professional skills or experience, is going to be an uphill struggle, to be honest. Your speaking a certain language would not qualify in that regard.

Oh right I see.

Is there anywhere where "in demand professional skills or experience" is defined? How do they determine this?

I'm going to be working on this either way for the foreseeable future to be honest. It would just be preferable if I could move to San Francisco and do it in-house. I may not have third level qualifications but I do have the necessary skills.

Would it not be possible for them to say "dealing with Irish/Italian users is a job requirement and so the employee must speak both these languages." Meaning that while other US workers may have similar skills mine would be the most applicable.

LC 2015

Wait, nope

Requirement 2 - Your job must qualify as a specialty occupation by meeting one of the following criteria:

A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;

The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor's degree in a field related to the position;

The employer normally requires a degree or its equivalent for the position; or

The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree

I wonder how Lachy Groom got in..

Is it possible to do a J1 in the first year of college if I just pay the student contribution?

ProudDUB

No. You must physically attend the university course that you are enrolled in. You can't just pay the tuition bill and shag off to America. There is no way around that.

In demand skills and professions would be doctors, engineers, IT professionals etc etc.

It is going to take a very, very good (and probably very, very expensive) immigration attorney to be able to convince the immigration authorities to give a visa to a kid just out of school. They want highly skilled, highly educated professionals who bring so much to the table, that the odds are very slim of their becoming a burden on the US social welfare system, or US society in general.

Forget about the language aspect of it. That's a non starter.

LC 2015

ProudDUB wrote: »

No. You must physically attend the university course that you are enrolled in. You can't just pay the tuition bill and shag off to America. There is no way around that.

How long must I be attending before I'm allowed to do a J1?

Also, if I enrolled in a US college does that permit me to work (part-time at least)

ProudDUB wrote: »

It is going to take a very, very good (and probably very, very expensive) immigration attorney to be able to convince the immigration authorities to give a visa to a kid just out of school. They want highly skilled, highly educated professionals who bring so much to the table, that the odds are very slim of their becoming a burden on the US social welfare system, or US society in general.

Forget about the language aspect of it. That's a non starter.

How about the visa waiver program, I know you're allowed enter for 90 days for business/tourism. Would unpaid work be allowed?

Basically I need to find the best way that allows me to stay over there initially at least for a couple of months. After that I could work from Dublin and try for the Diversity Lottery every year. What would you recommend?

ProudDUB

You can apply for the J1 during your first year in college. You can do it in the summer between years 1 and year 2 if you so choose.

If you want to enroll in a US college, you have to apply for a student visa. To get it, you have to give a good reason for studying in the US & not in your home country. (Wanting to work in the US afterwards, would not be a good enough reason btw.) The average cost of tuition in the US is about $25,000 per year. Do you have that kind of money?

If you go over on the 90 day holiday visa, you are not allowed work while you are there, be it unpaid or otherwise.

LC 2015

ProudDUB wrote: »

You can apply for the J1 during your first year in college. You can do it in the summer between years 1 and year 2 if you so choose.

If you want to enroll in a US college, you have to apply for a student visa. To get it, you have to give a good reason for studying in the US & not in your home country. (Wanting to work in the US afterwards, would not be a good enough reason btw.) The average cost of tuition in the US is about $25,000 per year. Do you have that kind of money?

If you go over on the 90 day holiday visa, you are not allowed work while you are there, be it unpaid or otherwise.

Thanks for the info.

Right a J1 is pretty much out of the picture then. I was only considering the H1B because it would lead to permanent residency which would be ideal. However given that I'm ineligible I don't have a need to be employed by this company, I'd just have to be there to consult with them on a few things.

I think a student visa is the way to go because it will make it easier to get a greencard too.

Do you if I must finish the leaving cert first or can I just sit the SATs and start the application process?

Thanks,

ProudDUB

I don't know a ton about student visas, but I imagine it would be pretty hard to get one, unless you had completed your home countries equivalent to a high school diploma, which would be the Leaving Certificate.

LC 2015

ProudDUB wrote: »

I don't know a ton about student visas, but I imagine it would be pretty hard to get one, unless you had completed your home countries equivalent to a high school diploma, which would be the Leaving Certificate.

Alright I'll look into it, thanks for your help I appreciate it!

silja

Student visas only allow you to work on campus, and only for a max of 20 hours/ week.

Depending on what exactly you design for this company, a EB-5 visa may be a possibility: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-immigrant-investor

Ponster

ProudDUB wrote: »

If you go over on the 90 day holiday visa, you are not allowed work while you are there, be it unpaid or otherwise.

Not entirely correct but probably not useful for the OP in this case. You can travel and work in the US on the visa waiver as long as that work involves such things as meetings, giving training seminars or attending conferences.

ProudDUB

Yeah, but that is not the same thing as taking up employment in America, with an American employer, which is what the OP is talking about.

If you live and work in Ireland, and you are paid by a company in Ireland and file your taxes in Ireland, pay PAYE & PSRI contributions etc etc, you are employed in Ireland. If you need to travel to the US to meet with clients or visit factories or attend business conferences or whatever, you can do that under the visa waiver, as you are not technically employed in America. Your employer is the Irish company back in Ireland.

It may seem like overly technical splitting of hairs, but for what the OP is wanting to do, its a pretty big difference.

rockonollie

LC 2015 wrote: »

I think a student visa is the way to go because it will make it easier to get a greencard too.

A student visa does not lead to a greencard.

LC 2015

rockonollie wrote: »

A student visa does not lead to a greencard.

Not directly, but I could go from an F1 to OPT and then to a HB1.

However I've since been in touch with the company and an immigration lawyer. We're going to go the EB-5 route, it seems to make the most sense given my situation.

Thank you all for your advice, it has been invaluable.

jjbrien

LC 2015 wrote: »

Not directly, but I could go from an F1 to OPT and then to a HB1.

However I've since been in touch with the company and an immigration lawyer. We're going to go the EB-5 route, it seems to make the most sense given my situation.

Thank you all for your advice, it has been invaluable.

OP have you looked into what the EB-5 visa is about?

EB-5 Immigrant Investor

Required minimum investments are:

General. The minimum qualifying investment in the United States is $1 million.
Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000

Have you 500k or $1 million usd to invest over there?
Be careful of immigation lawyers over there a lot of them will spin you a tale in order to get you cash. My OH an I did my greencard app ourself's.

Have a look at http://www.visajourney.com might give you some free info

LC 2015

jjbrien wrote: »

OP have you looked into what the EB-5 visa is about?

EB-5 Immigrant Investor

Have you 500k or $1 million usd to invest over there?
Be careful of immigation lawyers over there a lot of them will spin you a tale in order to get you cash. My OH an I did my greencard app ourself's.

Have a look at visajourney might give you some free info

Yep, it's the best option for me I think. I'm not allowed to discuss it but the project that was acquired worked out very well for me. The H1-B visa was intended to be a favour but it requires a bachelor's degree minimum so I'm ineligible. Other than that, I have no relatives that are US citizens, no extraordinary abilities, I do not intend on marrying anytime soon, the F1-OPT-H1B route takes too long, and the lottery, well it's just that - a lottery.

As for the immigration lawyer, it's pretty much a necessity when applying for an EB-5.

Thank you for your input though, appreciate it.

minaeire

LC 2015 wrote: »

Yep, it's the best option for me I think. I'm not allowed to discuss it but the project that was acquired worked out very well for me. The H1-B visa was intended to be a favour but it requires a bachelor's degree minimum so I'm ineligible. Other than that, I have no relatives that are US citizens, no extraordinary abilities, I do not intend on marrying anytime soon, the F1-OPT-H1B route takes too long, and the lottery, well it's just that - a lottery.

As for the immigration lawyer, it's pretty much a necessity when applying for an EB-5.

Thank you for your input though, appreciate it.

your not from Limerick by any chance (Patrick and John Collison)??

cena

minaeire wrote: »

your not from Limerick by any chance (Patrick and John Collison)??

Wikipedia says they live in the states already after starting a company over there

cloudatlas

If it's that expensive how to employers recoup the cost?

Ponster

The lowest cost for the H1B is about $4800 and that's well less than a months wages for most people heading over on a visa. My fees were about $7000 for the L1 but that was just over a months wages for me so again not a lot if they feel that you are the right person for the job.

cena

Ponster wrote: »

The lowest cost for the H1B is about $4800 and that's well less than a months wages for most people heading over on a visa. My fees were about $7000 for the L1 but that was just over a months wages for me so again not a lot if they feel that you are the right person for the job.

7000 a month a good wage in the states? What sort of job do you do?

lonestargirl

cena wrote: »

7000 a month a good wage in the states? What sort of job do you do?

It's a good wage but it's the sort of wage you want want to be getting for a company to justify a H1b.

cloudatlas

I made an enquiry with the U.S. branch of a company I worked with in Ireland.

They said "We do not sponsor, we have in the past had candidates willing to relocate at their own accord".

I'm not eligible for citizenship so are there any options for me?

iusedtoknow

lonestargirl wrote: »

It's a good wage but it's the sort of wage you want want to be getting for a company to justify a H1b.

This is about right - the l1/h1 visas are not meant for jobs that anyone can do - otherwise, there would be an american that could do it. These visas are usually for people that know a system/process/technology/company from the ground up and are "experts" in their field.

My company have a broad rule of thumb they don't transfer anyone over unless the visa cost is less than the monthly salary for the person.

iusedtoknow

cloudatlas wrote: »

I made an enquiry with the U.S. branch of a company I worked with in Ireland.

They said "We do not sponsor, we have in the past had candidates willing to relocate at their own accord".

I'm not eligible for citizenship so are there any options for me?

The visa lottery. There are no "Self sponsoring" visas to work to the US unless you have a fortune to invest.

spideog7

cena wrote: »

7000 a month a good wage in the states? What sort of job do you do?

Highly dependant on where you live, outside of the major cities it would decent. You'd probably end up with about 5000 in your pocket after taxes then you'd have to pay health, pension etc.

iusedtoknow

spideog7 wrote: »

Highly dependant on where you live, outside of the major cities it would decent. You'd probably end up with about 5000 in your pocket after taxes then you'd have to pay health, pension etc.

Very true

Here in California you take off 1/3 for taxes and then you have healthcare/dental to take care off, as well as sky high rents/mortgage repayments.

In San Francisco, $100,000 a year is a very average salary - most people working in tech fields (in established firms at least) are on around this figure.

Ponster

cena wrote: »

7000 a month a good wage in the states? What sort of job do you do?

Telecom Engineer. I design and implement call/contact centers mostly for multinational companies who have hundreds of customer reps worldwide and want to unite them all in one single telecommunication solution so that when you call a 24/7 hotline or use a web chat feature, the request may go to someone on the other side of the world should you happen to be calling during closed hours for the country that you are in.

I earned $6600 a month but rent was $2500 for a modest 2-bedroomed flat in Brooklyn about 40 minutes from the center of Manhattan and along with other charges my salary for NYC was probably no higher than average. In comparison I earned $66K in France for the same job but cost of living was also a lot lower.

The same job in the UK in London is worth about the same in the US, $110K or £65