Visa Confusion - Please Help

[MakeupGirl 0]

Hello everyone,

Let me describe my situation and hopefully one of you can point me in the correct direction.

I am a Canadian citizen currently. I went to and graduated from a post secondary vocational school for Makeup Artistry 10 years ago and have been a makeup artist working in the field since then. I have a very close friend in the United States who is willing to help me become an American citizen. She has even started a business with a local photographer in town and can employ me as a makeup artist for the photographer. I have a job ready and waiting for me, a place to stay that will not cost me anything for rent and basically everything I need to go there.

Except - the working Visa.

From what I've found out, my job does not qualify for a working visa specifically, though someone had mentioned that I could possibly qualify as a "skilled worker" though not which Visa that applies to.

I am lucky in that I do have the funds to hire an immigration attorney, though I really want to know where I stand before I do that.

I also have the funds to go to school if I need to go that route to get to America - but I would much rather continue in my field of work.

Lastly, my friend is more than willing to sponsor me as an employer to get a permanent green card.

You'll have to forgive me, I'm 27 years old and have researched online and am so, so overwhelmed by all of this that I have no idea which way is up anymore. Any help that anyone can offer me would be great. I just need to know all of my options so I know how to proceed from here.

[aaron2020 11,651]

Hello everyone,

Let me describe my situation and hopefully one of you can point me in the correct direction.

I am a Canadian citizen currently. I went to and graduated from a post secondary vocational school for Makeup Artistry 10 years ago and have been a makeup artist working in the field since then. I have a very close friend in the United States who is willing to help me become an American citizen. She has even started a business with a local photographer in town and can employ me as a makeup artist for the photographer. I have a job ready and waiting for me, a place to stay that will not cost me anything for rent and basically everything I need to go there.

Except - the working Visa.

From what I've found out, my job does not qualify for a working visa specifically, though someone had mentioned that I could possibly qualify as a "skilled worker" though not which Visa that applies to.

I am lucky in that I do have the funds to hire an immigration attorney, though I really want to know where I stand before I do that.

I also have the funds to go to school if I need to go that route to get to America - but I would much rather continue in my field of work.

Lastly, my friend is more than willing to sponsor me as an employer to get a permanent green card.

You'll have to forgive me, I'm 27 years old and have researched online and am so, so overwhelmed by all of this that I have no idea which way is up anymore. Any help that anyone can offer me would be great. I just need to know all of my options so I know how to proceed from here.

To bring in a foreign worker, the US employer must have a certification from the Dept. of Labor that the employer could not hire a qualified US person. The US does not allow an employer to bring in a foreign worker when there is an available US resident.

Your friend would need to advertise the position. She would need to obtain the Dept. of Labor certification that no US resident could not hire a qualified US resident. Then, she can apply for a work visa on your behalf.

[MakeupGirl 0]

To bring in a foreign worker, the US employer must have a certification from the Dept. of Labor that the employer could not hire a qualified US person. The US does not allow an employer to bring in a foreign worker when there is an available US resident.

Your friend would need to advertise the position. She would need to obtain the Dept. of Labor certification that no US resident could not hire a qualified US resident. Then, she can apply for a work visa on your behalf.

The position she requires me for involves makeup artistry and video editing (to put together edited video footage from the photographer for weddings) - it is a combined skill-set that is probably fairly uncommon in those in her area are capable of filling.

Do you know how long she has to advertise the position for?

[aaron2020 11,651]

The position she requires me for involves makeup artistry and video editing (to put together edited video footage from the photographer for weddings) - it is a combined skill-set that is probably fairly uncommon in those in her area are capable of filling.

Do you know how long she has to advertise the position for?

No.

Employers usually hire immigration lawyers to handle work visas. It's definitely not a do-it-yourself task.

[Boiler 43,600]

The only one that comes to mind is EB3, be prepared for a very long wait.

[MakeupGirl 0]

Thank you both for replying.

I will look into the EB3. In the meantime I am fortunate in that I can visit for 6 months but, I'd really like to get started on the visa now because I know the process is MORE than long.

[Up and Away 10]

What is your ultimate goal (if you have one)? Is it the particular job? Or is it to live in America for a while?

You should get on the phone with a couple of immigration attorneys and tell them about your situation and ask if they can do anything for you. In my experience, they will talk to you for free on the phone for a few minutes. Just tell them your situation as concisely as possible and ask them if they think there's a viable visa option for you. Some lawyers even explicitly provide a free initial consultation.

[MakeupGirl 0]

What is your ultimate goal (if you have one)? Is it the particular job? Or is it to live in America for a while?

You should get on the phone with a couple of immigration attorneys and tell them about your situation and ask if they can do anything for you. In my experience, they will talk to you for free on the phone for a few minutes. Just tell them your situation as concisely as possible and ask them if they think there's a viable visa option for you. Some lawyers even explicitly provide a free initial consultation.

Thank you so much for your response! I did try calling two American immigration attorneys. One would do a free consultation but cared little about what I had to say and seemed to outright discourage me before I got through the entire story.

The second attorney is relatively well known and high-priced in Beverly Hills with a high rate of success. She won't talk to me until she sees my resume and is paid for the consultation. I'm currently working on talking to her more about this too.

My goal is to have dual citizenship eventually. I want to be able to live and work in America and while I really want to do this particular job because it fits in with my experience and puts me exactly where I want to be - I would suffer through other options just to be there.

[MissDinaDee 8]

You could try the SWAP Working Holiday Program... It just an idea!

Good luck! Swap Working Holiday

MrsJ

[Up and Away 10]

Thank you so much for your response! I did try calling two American immigration attorneys. One would do a free consultation but cared little about what I had to say and seemed to outright discourage me before I got through the entire story.

The second attorney is relatively well known and high-priced in Beverly Hills with a high rate of success. She won't talk to me until she sees my resume and is paid for the consultation. I'm currently working on talking to her more about this too.

My goal is to have dual citizenship eventually. I want to be able to live and work in America and while I really want to do this particular job because it fits in with my experience and puts me exactly where I want to be - I would suffer through other options just to be there.

Oh my gosh, try to call Canadian immigration attorneys and see if they are better/nicer! I'm sorry I don't know any, but maybe your friends and relatives do?

If your goal is dual citizenship, then: An H1-B through your friend's company is the most direct way to eventually apply for a greencard. Alternatively, you can come here on a student (F1), temporary worker (TN) visa, etc., and while you are in the US, meet an American citizen, fall in love, get married, and then get sponsored by your spouse.

I know it's hard, but try not to let a fancy high-priced lawyer intimidate you into thinking that they are the best option. I am a lawyer myself (unfortunately not immigration!) and so are many of my friends, and I don't think much of lawyers who would act like they don't have time for their clients, or who keep rubbing their success rates or high-prices in your face. It's not like on TV where the bigger the a**hole, the better the lawyer.

[MakeupGirl 0]

MissDinaDee - trust me I'm looking at ALL options so thank you so much for that!

Up and Away - You are a wealth of knowledge! THANK you for being so kind as to help me with this. I might look at Canadian lawyers as well - I am going to keep my options open. I just want this to work very badly, I am certainly determined.

The H1-B Visa doesn't have career restrictions to it does it? Like a Bachelor in anything? I wonder why that never came up in my searches that applied to me. If that's an option I would love to look into it. I know the EB3 is another option but it will take a very long time and I would like to be living there as soon as possible.

Thank you again!

[Up and Away 10]

MissDinaDee - trust me I'm looking at ALL options so thank you so much for that!

Up and Away - You are a wealth of knowledge! THANK you for being so kind as to help me with this. I might look at Canadian lawyers as well - I am going to keep my options open. I just want this to work very badly, I am certainly determined.

The H1-B Visa doesn't have career restrictions to it does it? Like a Bachelor in anything? I wonder why that never came up in my searches that applied to me. If that's an option I would love to look into it. I know the EB3 is another option but it will take a very long time and I would like to be living there as soon as possible.

Thank you again!

You're very welcome. Like I said, I am not an immigration lawyer so unfortunately all I know about this stuff comes from my own experience bumbling around (and doesn't constitute legal advice). You might want to look under "Education" on this link and see if the third paragraph might apply to you by doing some additional research. [Edit. Hmmm... it seems like I am unable to include links in my messages. Well, the website is ***removed*** and the name of the page was h1-b visa requirements. You can probably find it via Google pretty easily.] [Edit #2. Oops! I don't know why this is happening. Just Google "h1-b visa requirements" then. This was the first result on the page for me.]

Determination is key because the process is long and complicated and there will probably be some very frustrating moments along the way. Don't rush, slowly and steadily acquire a solid understanding of your options and how things work, and always play by the rules! Good luck to you!

Edited March 7, 2012 by Up and Away

[MakeupGirl 0]

You're very welcome. Like I said, I am not an immigration lawyer so unfortunately all I know about this stuff comes from my own experience bumbling around (and doesn't constitute legal advice). You might want to look under "Education" on this link and see if the third paragraph might apply to you by doing some additional research. [Edit. Hmmm... it seems like I am unable to include links in my messages. Well, the website is ***removed*** and the name of the page was h1-b visa requirements. You can probably find it via Google pretty easily.] [Edit #2. Oops! I don't know why this is happening. Just Google "h1-b visa requirements" then. This was the first result on the page for me.]

Determination is key because the process is long and complicated and there will probably be some very frustrating moments along the way. Don't rush, slowly and steadily acquire a solid understanding of your options and how things work, and always play by the rules! Good luck to you!

Determined certainly - and I will not be looking into the H1-B Visa as an option too. Thank you for a starting point!

[Brother Hesekiel 2,235]

I can understand your desire to become a U.S. citizen, but before you put the cart in front of the horse and wonder why it's not moving no matter what you do, take a step back and exhale.

Becoming a U.S. citizen would require you to have lived as a Green Card holder for at least 5 years in the United States, among a few other things.

Becoming a Green Card holder will require a petition from either an immediate relative or a qualified employer.

The only path to a Green Card would be the H1-B. Note that the H1-B is a work visa, which is formally not an immigrant visa. It is valid for 3 years and can be extended for yet another 3 years for a total of 6 years. If the employer cherishes you they will then have the option to petition you for permanent residency.

Yet there are 2 hurdles:

1) your employer has not been able to find anybody among the 312 million, 800-thousand-plus people in the United States who can do what you can do. Not a problem if a job application is tailored to you like a patent leather swim suit. Make-up artist with blond hair and blue eyes, between 5'8 and 5'9, fluent in English, French, Spanish, Arabic, Suaheli, and Sanskrit.

2) your job needs to require at least a Bachelor's degree or its equivalent.

If none of this discourages you, then research H1-B from A to Z. Do your homework, and hang on as this will be a bumpy ride, uphill.

Why?

Because there's an annual limit on those work visas available. On April 1, you'll learn the exact number, and that will apply to fiscal year 2013, which starts on October 1, 2012. On April 1, more than just a few fools will fight like cougars for those visas. Within a week or two they will be gone, and then it's waiting time again. April 1 is about to knock on your door, so you better get busy now.

[MakeupGirl 0]

I can understand your desire to become a U.S. citizen, but before you put the cart in front of the horse and wonder why it's not moving no matter what you do, take a step back and exhale.

Becoming a U.S. citizen would require you to have lived as a Green Card holder for at least 5 years in the United States, among a few other things.

Becoming a Green Card holder will require a petition from either an immediate relative or a qualified employer.

The only path to a Green Card would be the H1-B. Note that the H1-B is a work visa, which is formally not an immigrant visa. It is valid for 3 years and can be extended for yet another 3 years for a total of 6 years. If the employer cherishes you they will then have the option to petition you for permanent residency.

Yet there are 2 hurdles:

1) your employer has not been able to find anybody among the 312 million, 800-thousand-plus people in the United States who can do what you can do. Not a problem if a job application is tailored to you like a patent leather swim suit. Make-up artist with blond hair and blue eyes, between 5'8 and 5'9, fluent in English, French, Spanish, Arabic, Suaheli, and Sanskrit.

2) your job needs to require at least a Bachelor's degree or its equivalent.

If none of this discourages you, then research H1-B from A to Z. Do your homework, and hang on as this will be a bumpy ride, uphill.

Why?

Because there's an annual limit on those work visas available. On April 1, you'll learn the exact number, and that will apply to fiscal year 2013, which starts on October 1, 2012. On April 1, more than just a few fools will fight like cougars for those visas. Within a week or two they will be gone, and then it's waiting time again. April 1 is about to knock on your door, so you better get busy now.

Thank you very much for your input. I didn't intend to put the cart before the horse - I was just discussing my end goal after all of this is complete. I do realize that American Citizenship is very hard to achieve.

I am going to try the H1-B Visa - but the only thing that's worrisome is that I do not have a bachelor degree because my field does not require a bachelor's degree. I do have 10 years of experience though and specified schooling for it. I don't know what "Or the equivalency of a bachelor's degree" means. That was the only thing on those research pages that keeps stopping me.

Do years of experience tailored to the field equal an equivalency? My experience is longer than the 4 years required for a Bachelor's degree. But is it enough?

Thank you for your help.