Have you ever wondered how you can land a job with a US employer who will sponsor you for an H-1B visa?
In this video attorney Jacob Sapochnick discusses the process of finding a job in the United States that can lead to an H-1B sponsorship.
To be able to work in the United States you must have a work visa. The most common work visa is the H-1B visa.
What is the H-1B visa?
The H-1B visa allows American companies and/or organizations to employ foreign workers in a specialty occupation. To be able to apply for the H-1B visa you must have a job offer from a U.S. employer, and a bachelor’s degree or the equivalent work experience to work in the position sought.
The H-1B visa is a visa for professionals. Attorneys, architects, engineers, business directors, lodging managers, etc. can apply for the H-1B visa based on their specialty occupation.
How do you land a job offer?
U.S. employers are open to hiring foreign nationals, but many are unaware of the process that goes into employing a foreign national.
In this video attorney Jacob Sapochnick talks visa options for entrepreneurs.
In this video we cover four visa options that allow foreign entrepreneurs to live and work in the United States. These visa options also allow the foreign entrepreneur to bring his or her dependents to live with them in the United States.
Option #1 L-1 Visa for Executives, Managers, and Essential Employees:
There are two types of visas available under the L-1 category: 1) L-1A Intracompany Transferee Executive or Manager and 2) L-1B Intracompany Transferee Specialized Knowledge.
The L-1A category is a non-immigrant visa classification for aliens seeking to work in the United States in an executive or managerial capacity on an assignment of a temporary nature for a U.S. subsidiary or parent company of their foreign employer.
The L-1A visa classification allows a foreign company to transfer an executive or manager to the U.S. subsidiary or parent company. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company.
L-1B: If the alien is not employed in an executive or managerial capacity, the L-1B visa classification comes into play. To be eligible for the L-1B visa, the petitioner must demonstrate that although the alien is not employed in an executive or managerial capacity with the company, the alien possesses specialized knowledge and can represent the organization’s interests in the United States.
Both the L-1A and L-1B require the beneficiary to have worked abroad for the foreign employer for at least one year within the proceeding three years.
Pro: the L-1 visa leads to a green card
Option #2 E-2 Investor Visa:
The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities. Investment activities include the creation of a new business in the United States or investment in an existing enterprise. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.
In this video, attorney Jacob Sapochnick speaks with personal injury attorney Mitch Jackson and gives viewers insights on how to secure a job in the United States as a foreign worker, how to penetrate the market, and stand out from the crowd.
Begin researching the different employment visa types to determine which visa is right for you depending on your level of education, skill, and the field that you want to work in. For example if you are a software engineer the H-1B visa will be a good option for you, if you want to start your own business an E-2 visa may be right for you. Once you have done some preliminary research, reach out to an immigration attorney to discuss the pros and cons of different visas that may be available to you
Understand the requirements for the visa you would like to obtain so that you can explain the process to a potential employer
Attend as many networking events as possible in your particular industry, if possible in the United States
Use social media to reach out to potential employers
Show employers how you can build value for their business
Carefully tailor your resume/build a website to show employers your credentials
For more tips please keep watching.
To purchase Jacob’s book My American Job please click here.
In this video, attorney Jacob J. Sapochnick sits down with international business students studying at INSEAD, a graduate business school in France. Jacob asks them a burning question: Despite all of the obstacles foreign workers face in immigrating to the United States, and the President’s hard-line stance on immigration, are foreign workers still interested in living and working in the United States? Click here to join the conversation.
Why do you want to live and work in the US?From INSEAD 🇫🇷 France
In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: I have a minor US Citizen child. Can I get a green card?
This is a very common question. This question comes to us from a Chinese national who is currently in the United States on an H-1B Visa. This person asks: Can I get a green card based on the fact that I have a minor US Citizen child that was just born in the US?
In this situation because the child is under the age of 21, your child cannot file a petition for permanent residence on your behalf based on the fact that you have a minor child born in the United States. This is a very common misconception. Your child can only file for your immigration benefits once they reach the age of 21. A child must be at least 18 years old in order to petition for immigration benefits for their siblings, and then the sibling must wait for a visa number to become available based on the visa bulletin. You cannot obtain a green card just by having a US Citizen child. If you are in the United States on a visa you must find another way to remain legally in the United States until the US Citizen child reaches the minimum age or find another way to obtain a green card through employment. Parents of US Citizen children, residing in the United States unlawfully, can obtain cancelation of removal for their parents to shield them from deportation/removal proceedings. In this case the child does not need to be 21 years or older.
For more information about this topic please contact our office.
In this segment, attorney Jacob J. Sapochnick tells you all about the visa bulletin. Who is it for? How does it work? Why do we need it? For more information about the visa bulletin, please click here.
What is the Visa Bulletin?
The Visa Bulletin exists due to congressional numerical immigrant visa limitations for family-sponsored and employment-based preference categories established by the Immigration and Nationality Act (INA). The visa bulletin is for foreign nationals wishing to immigrate to the United States through a relative or employer. Family-sponsored preference categories are limited to a minimum of 226,000 visas per year, while employment-based preference categories are limited to a minimum of 140,000 visas per year. The Visa Bulletin is a useful tool for aliens to determine when a visa will become available to them so that they may apply for permanent residence.
You can check the status of a visa number by checking your priority date on the Department of State’s Visa Bulletin published every month. A priority date is the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS (Form I-130 Petition for Alien Relative or Form I-140 Immigrant Petition for Alien Worker).
Family-sponsored preference categories
Family based immigrant visas are divided into preference systems and priority dates. This refers to one of the various categories under which an individual qualifies for U.S. residency, and must wait for a visa to become available.
First Preference: unmarried sons and daughters of U.S. citizens. This category refers to the adult children of U.S. citizens or those who have reached the age of 21 years prior to issuance of the immigrant visa;
Second Preference: a) spouses and children under the age of 21 of U.S. permanent residents; b) unmarried sons and daughters over the age of 21 of U. S. permanent residents;
Third Preference: married sons and daughters of U.S. citizens;
Fourth Preference: brothers and sisters of adult U.S. citizens.
First Preference: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second Preference: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:
Third Preference: Skilled Workers, Professionals, and Other Workers
Fourth Preference: Certain Special Immigrants
Fifth Preference: Employment Creation: not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers (EB-5)
For more information regarding the immigrant process for family members and the Visa Bulletin please click here. For a legal consultation please contact our office to speak with our legal consultants.