Visa j-1 holder applying for greencard?

[GJen 9]

Hey everyone i hope this is the right forum to ask this.

I have a friend Who came over the US on a J-1 visa and she is here as part of the program aupair. She's been here for Over a year and now a friend of hers offerred her a job at school! She wants to know if she can apply for a greencard or what would be her best option for her to stay in the US and be able to work! Her visa expires may 2013. Thank you

[NancyNguyen 1,657]

The school needs her, they will sponsor her GC. The school lawyer will take care for her. But I don't think au pair is needed much.

[GJen 9]

What do you mean the aupair is not needed much? So would she have to send an application to the USCIS or does the lawyer take care of that?

[kzielu 1,147]

Hey everyone i hope this is the right forum to ask this.

I have a friend Who came over the US on a J-1 visa and she is here as part of the program aupair. She's been here for Over a year and now a friend of hers offerred her a job at school! She wants to know if she can apply for a greencard or what would be her best option for her to stay in the US and be able to work! Her visa expires may 2013. Thank you

She can get a green card through marriage, diversity visa lottery or through work sponsorship - she can't just apply because she wants to stay and work (she is one of the billions). Her employer can sponsor her but its costly, requires lawyer involvement and proving there is no one they can hire locally.

[Harpa Timsah 13,258]

How does she proposing to qualify for a greencard? Do you mean work visa instead?

[GJen 9]

Is there any other way she could

Work in the US? What about like a work

Visa? Is there one? Maybe she could go back tonher country and apply for one? Is that one option?

Btw i find it interesting that they have to prove they cant find anyone to do her job locally wow how can they even prove that? Thanks for ur

Help

[Darnell 8,478]

you can find it interesting, but that's how the work visa game works, alas.

[Little_My 463]

What kind of education does she have? To qualify for a work visa, she has to have at least a Bachelor's level degree, or higher. She will also first have to find someone who wants to hire her, and then that employer would sponsor her the H1-B work visa - the company's lawyers would handle pretty much everything. But in this economy and unemployment, that is easier said than done.

[GJen 9]

Well she does have someone who wants to hire her, i guess she is just someone who wants her to stay and work with them. Its at a school and my friend is an English teacher, but she graduated overseas in a non english speaking county so her degree is more like teaching english as a second language. She went to school for 4 years so she dOes have a bachelor

[NancyNguyen 1,657]

Well she does have someone who wants to hire her, i guess she is just someone who wants her to stay and work with them. Its at a school and my friend is an English teacher, but she graduated overseas in a non english speaking county so her degree is more like teaching english as a second language. She went to school for 4 years so she dOes have a bachelor

Tell your friend's friend to contact with the human resource dept of that school to ask for more information. She must be extraordinary among other thousands people though. Good luck.

[kzielu 1,147]

Is there any other way she could

Work in the US? What about like a work

Visa? Is there one? Maybe she could go back tonher country and apply for one? Is that one option?

Btw i find it interesting that they have to prove they cant find anyone to do her job locally wow how can they even prove that? Thanks for ur

Help

There are work visas - it is somewhat similar idea to green card sponsorship - still require a petition on employer's side and cost associated with it.

So she can't apply - her employers (or employer's lawyer) does that. Realize, there are billions people like her...

[aaron2020 11,651]

Is there any other way she could

Work in the US? What about like a work

Visa? Is there one? Maybe she could go back tonher country and apply for one? Is that one option?

Btw i find it interesting that they have to prove they cant find anyone to do her job locally wow how can they even prove that? Thanks for ur

Help

The US Employer is required to show that a US resident is not available or qualified for a job before the employer can hire a foreign worker. The employer would need to obtain a Dept. of Labor certification attesting to those facts.

The policy is very simple - the US will not allow a US employer to bring in a foreign worker when there is an unemployed US resident who qualify for the job. If the US allows employers to bring in foreign workers when there are qualified US residents looking for work, it would negatively affect those qualified unemployed US residents because there would be fewer jobs. This is poor (bad) public policy. No politician would stay in office long if he/she allowed foreign workers to be hired when US residents who qualify for those jobs are out of work.

Well she does have someone who wants to hire her, i guess she is just someone who wants her to stay and work with them. Its at a school and my friend is an English teacher, but she graduated overseas in a non english speaking county so her degree is more like teaching english as a second language. She went to school for 4 years so she dOes have a bachelor

There are plenty of US teachers who are out of work right now. Lots are qualified to teach English. It will be next to impossible for the US Employer to show that he/she could not find any US residents qualified to teach English and ESL. This makes it impossible to get the Dept. of Labor certification that would allow the employer to apply for a work visa on behalf of your friend.

Based on your friend's skills, it's highly unlikely that she will ever qualify for a work visa as there will always be plenty of unemployed US teachers who can teach English and ESL.

Edited March 29, 2012 by aaron2020

[Delta5 9]

Hey everyone i hope this is the right forum to ask this.

I have a friend Who came over the US on a J-1 visa and she is here as part of the program aupair. She's been here for Over a year and now a friend of hers offerred her a job at school! She wants to know if she can apply for a greencard or what would be her best option for her to stay in the US and be able to work! Her visa expires may 2013. Thank you

A J-1 visa holder cannot really AOS to an LPR by filing for an I-485. It also cannot AOS into any kind of H visa like the H1b and even a visa like the L. Mainly, because of the restriction under the rule of HRR, which is simply the Home Residence Requirement established by section 221(e) of the INA, which states that certain J-1 visa holders are required to physically return to their home country for 2 years upon completion of their J-1 program. Unfortunately, a J-1 visa holder who have return home cannot also apply for any H, L or any kind of FB immigrant visa and yes, even with a K1 visa, until the 2 year requirement under the HRR have been satisfied. However, it can apply under the visas U, T, O, E and the student visa of F-1. It can also AOS with the mentioned visas.

The HRR applies only if the J-1 holder is subject to the exchange program: if the program is funded by either the US or the home country, are under the specialized skills, or graduate medical education/training. In order to find out if your friend is subject to the HRR or not ....... check w/ your friend's program sponsor, check on page 2 of Form DS-2019 whether there is any indication about it or not such as subject to the 2 year residence restriction is checked off. Generally, such restriction are listed on this form and the participant is required to sign both of these papers to signify that he/she understand the conditions before applying for the J-1 visa. J-1 visa may also have a notation "Bearer is subject to 221(e)" or "Bearer is not subject to 221(e)." However, visa notation may not always be accurate.

It is also possible the presence of notation or lack of it does not for sure indicate whether the person is subject to HRR or not. Whoever prepared the form or provided the visa may not have accurately noted it or the regulation may have change or the demand for a particular skill in a particular country might have change.

If the HRR restriction does not apply to your friend, then he/she may apply to the following option; Family based immigration, if he has a USC or an LPR in the US who can petition him/her; An EB-1 category, an extraordinary or outstanding research/ professor; An EB2, work in a profession with advance degree or with exceptional ability; and EB3 for professional w/ a Baccalaureate degree that are essential and short supply in the US. The other non immigrant working visa will also be possible, especially the H1b visa as others have suggested. There are more details to these subject but its too long to put in one posting.

Edited March 29, 2012 by Delta5

[Delta5 9]

Is there any other way she could

Work in the US? What about like a work

Visa? Is there one? Maybe she could go back tonher country and apply for one? Is that one option?

Btw i find it interesting that they have to prove they cant find anyone to do her job locally wow how can they even prove that? Thanks for ur

Help

In addition; A J-1 visa holder must also qualify for the waiver in order to either AOS or do consular processing besides the HRR restriction mentioned on my above posting. A J-1 visa is one of those visa class with complicated process when doing an AOS or consular processing into a non immigrant working visa or even immigration visa. Approval rate on adjustment are very minimal, especially with out advance education or extra special skills.

To OP's other minor question, of which Aaron already alluded to some on his post. All US employer filing the ETA Form 9089 that must attest, in addition to number of other condition of employment, to having conducted recruitment prior to filing the application. The US employer must place an order with the SWA serving the area of intended employment for a period of 30 days. The start and end dates of the job order entered on the application serve as documentation of the step to satisfy the DOL for recruitment first of qualified USC and LPR. The employer must also select 3 additional steps from alternative ways of recruitment like job fair, employer's website, other job websites, radio and television advertisements and others.

ETA- Employment and Training Authority

SWA- State workforce Agency

Edited March 29, 2012 by Delta5