B2 Visa and Employment

[VickieLew 0]

Hi,

What options does a person have if they only have a B2 Visa and gets a job offer in the States?

Thanks in advance for your feedback.

[aaron2020 11,651]

None. It's illegal to work on a B-2 visitor visa.

[Boiler 43,432]

B2 is irrelevant to the question.

Job offer needs to come with a work visa.

[VickieLew 0]

Hi,

Thanks for your feedback.

However, doesn't the law stipulates that you have to get have a job offer first before you can apply for a work visa. Can the person apply for a work visa or is it the responsibility of the potential employer?

[aaron2020 11,651]

Responsibility of the employer.

The employer has to show attempts to hire a U.S. person was not successful, obtain a labor certification, and enter a lottery for a work visa.

What is the job?

[Boiler 43,432]

Exactly what is required depends on the visa applied for.

[VickieLew 0]

Thanks for the feedback. An office position that requires an MBA.

[aaron2020 11,651]

http://www.topmba.com/jobs/usa-mba-jobs-visa-hurdles

http://www.bloomberg.com/bw/articles/2014-07-24/how-business-schools-help-international-students-overcome-barriers-to-u-dot-s-dot-jobs

http://www.businessbecause.com/news/mba-north-america/2642/american-mba-dream-loses-lustre-internationals-face-disadvantage-in-jobs

Edited February 3, 2015 by aaron2020

[Mollie09 1,543]

Responsibility of the employer.

The employer has to show attempts to hire a U.S. person was not successful, obtain a labor certification, and enter a lottery for a work visa.

What is the job?

This part isn't true, but it's still a long process and the employer has to do all of it, the prospective employee is not allowed to apply or pay for anything other than Premium Processing.

[aaron2020 11,651]

This part isn't true, but it's still a long process and the employer has to do all of it, the prospective employee is not allowed to apply or pay for anything other than Premium Processing.

Look at the requirements to get the labor certification.

[Mollie09 1,543]

Look at the requirements to get the labor certification.

I have. I was on H1B for 3 years.

Have you?

From: http://www.dol.gov/compliance/guide/h1b.htm

The INA sets forth certain prerequisites for employers wishing to employ H-1B, H-1B1, and E-3 nonimmigrant workers. To obtain H-1B or H-1B1 status approval, the employer must first file a Labor Condition Application (LCA), Form ETA 9035 or Form ETA 9035E, with the Department of Labor. The employer must state that it will:

• Pay the nonimmigrant workers at least the local prevailing wage or the employer's actual wage, whichever is higher; pay for non-productive time in certain circumstances; and offer benefits on the same basis as for U.S. workers;
• Provide working conditions for H-1B, H-1B1, or E-3 workers that will not adversely affect the working conditions of workers similarly employed;
• Not employ an H-1B, H-1B1, or E-3 worker at a location where a strike or lockout in the occupational classification is occurring, and notify ETA of any future strike or lockout; and
• On or within 30 days before the date the LCA is filed with ETA, provide notice of the employer's intent to hire H-1B, H-1B1, or E-3 workers. The employer must provide this notice to the bargaining representative of workers in the occupation in which the H-1B, H-1B1, or E-3 worker will be employed. If there is no bargaining representative, the employer must post such notices in conspicuous locations at the intended place(s) of employment, or provide them electronically

[Mollie09 1,543]

Look at the requirements to get the labor certification.

I think you're referring to H1B-dependent and willful violators, most employers are neither. Also, if the pay is over $60K or the applicant has a master's degree or higher, they are exempt from these requirements either way.

Additional rules apply to employers who are dependent upon H-1B workers or are willful violators of the H-1B rules. An H-1B dependent employer is, generally, one whose H-1B workers comprise 15 percent or more of the employer's total workforce. Different thresholds apply to smaller employers. H-1B dependent employers who wish to hire only H-1B workers who are paid at least $60,000 per year or have a master's degree or higher in a specialty related to the employment, can be exempted from these additional rules.

• The employer will not displace any similarly employed U.S. worker within 90 days before or after applying for H-1B status, or an extension of status for any H-1B worker;
• The employer will not place any H-1B worker employed pursuant to the LCA at the worksite of another employer unless the employer first makes a bona fide inquiry as to whether the other employer has displaced or intends to displace a similarly employed U.S. worker within 90 days before or after the placement of the H-1B worker; and
• The employer, before applying for H-1B status for any alien worker pursuant to an H-1B LCA, took good faith steps to recruit U.S. workers for the job for which the alien worker is sought, at wages at least equal to those offered to the H-1B worker. Also, the employer will offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker. This attestation does not apply if the H-1B worker is a "priority worker" (see Section 203(b) (1) (A), (B), or © of the INA).

Edited February 5, 2015 by F1H1I130