Seeking work on Visiting Visa?

[mignaci0 1]

Hi all,

I am dating somebody from Canada and we wanted her to come live in the US permanently. We eventually plan to get married however our first preference would be for her to just be here on a working Visa and then get married some time down the road. That brings me to my question: if she is visiting on a B2 Visa, is she eligible to also look for work while she is here? I feel like it would be difficult to be applying for work from out of the country/with an out of country address.

Much appreciated!

[NigeriaorBust 4,087]

She could look at jobs but she would have no ability to start work and most employers have screening questions on their online app " Are you authorized to work in the US" if you can't answer that positively you can't submit the application and if you lie you have commited fraud

[mignaci0 1]

She could look at jobs but she would have no ability to start work and most employers have screening questions on their online app " Are you authorized to work in the US" if you can't answer that positively you can't submit the application and if you lie you have commited fraud

Understood, but she is authorized to look for work, apply for jobs (while saying she needs to be sponsored for a Visa), and be staying in the US on a B2 while waiting for interviews and such, correct?

[mignaci0 1]

She could look at jobs but she would have no ability to start work and most employers have screening questions on their online app " Are you authorized to work in the US" if you can't answer that positively you can't submit the application and if you lie you have commited fraud

Understood, but she is authorized to look for work, apply for jobs (while saying she needs to be sponsored for a Visa), and be staying in the US on a B2 while waiting for interviews and such, correct?

[Merrytooth 5,748]

What kind of qualifications does she have to be sponsored for work visa?

You mentioned in your other thread she does not meet the TN visa requirement.

[NigeriaorBust 4,087]

She can't use an interview as an excuse for staying more than her original entry allowed. Getting even interviews without being work authorized may much more difficult than you are thinking unless she is highly skilled in a high demand field ( aka STEM like job )

[mignaci0 1]

What kind of qualifications does she have to be sponsored for work visa?

You mentioned in your other thread she does not meet the TN visa requirement.

Well according to this site: http://www.h1base.com/content/h1boccupations

She would fall under "OTHER Specialty Occupations" for "Other Occupations In Entertainment And Recreation" pertaining to H1B.

[LionessDeon 2,060]

http://www.visajourney.com/content/visitor-visa-guide

It's a bit concerning because taking your other posts in consideration, it seems as if you may be trying to find other ways for her to stay instead of filing the more appropriate K1 visa. If you are not ready to marry, perhaps you should continue just visiting until the relationship progresses.

Otherwise to read the requirements of other visa options.

[mignaci0 1]

She can't use an interview as an excuse for staying more than her original entry allowed. Getting even interviews without being work authorized may much more difficult than you are thinking unless she is highly skilled in a high demand field ( aka STEM like job )

What I meant was that during her B2 stay (let's say 4 months even if she is allowed 6 months within a 12 month duration I believe) she will be able to interview?

[mignaci0 1]

http://www.visajourney.com/content/visitor-visa-guide

It's a bit concerning because taking your other posts in consideration, it seems as if you may be trying to find other ways for her to stay instead of filing the more appropriate K1 visa. If you are not ready to marry, perhaps you should continue just visiting until the relationship progresses.

Otherwise to read the requirements of other visa options.

In reference to my other post you may have seen, we are "ready" to marry but she is in the process of a divorce that will likely be finalized by middle of next year. To add the that, she had been long not involved with ex-spouse but only recently filed for the divorce. Ideally, we want her to be staying with me already until we can marry/get spousal visa, or file for the K1. That is the main reason I am weighing our options for her coming on a working visa, especially since she would want to be working as it is anyway.

[LionessDeon 2,060]

Right, maybe a poor choice of words ready/able. Until the divorce is obtained and you can progress further continued visits would be my suggestion. As others stated she can apply for work but would need some type of visa to stay to work. Good Luck!

[Shiobhan 235]

She cannot work on a visitors visa (how come she applied for a visa) Canadians

have VWP status unless there are underlying reasons to get a visa to the US.

She ends out her 1st marriage before planning another is the best way to go

continue visiting

[mignaci0 1]

She cannot work on a visitors visa (how come she applied for a visa) Canadians

have VWP status unless there are underlying reasons to get a visa to the US.

She ends out her 1st marriage before planning another is the best way to go

continue visiting

I realize she cannot work on a visitor's visa but my question was rather if she is allowed to be on a visitor's Visa but actively look for work as in literally search for a job that will be able to sponsor her.

[afortunada 182]

In order to be sponsored, the employer has to prove that there are no willing and ready Americans to do the job and that they MUST instead sponsor a foreign person. It's an extremely costly and lengthy process for them. What special skills does she have that makes her more employable than any American citizen? If the answer is nothing then it makes absolutely no sense for her to look at jobs she can not and will not be hired/sponsored for. She can just visit and enjoy her time here with you. You are extremely lucky that your girlfriend can visit - I would give anything to have my husband here, but instead we've been living separated for a year and have many months to go while I can only visit every three months for a couple days at a time.

[templeton 120]

To be clear about a few things...

You keep mentioning "visitor visa". If you're just meaning she comes as a visitor, that's fine, but Canadians (generally) do not need a visa to cross the border to visit.

To directly answer your question, CBP's potential feelings on the matter not withstanding, there's nothing stopping her from job hunting while here as a visitor. But as others have stated, she cannot legally start working while here as a visitor. If she were to find some employer willing to sponsor her, there is no way to magically change from a visitor to worker. She would have to return home to acquire the work visa and then re-enter. Unless she has a very specialized set of skills and education, most employers don't want to be bothered talking to people who aren't currently eligible to work for them. Going by your previous thread where you provide her current employment position, I think you're in for an uphill climb in proving no one in the US could do that job.

I don't mean to pile on, but the other posters have given you the best advice. We all want to have our cake and eat it too. Be patient. The legal immigration road isn't a quick journey. Visit in the meantime when you can and make sure she doesn't overstay or do anything else while in the US that could jeopardize things in the future.

Edited September 7, 2016 by templeton