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Reubern

Which Work Visa Type?

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Hi, I'm a Malaysian citizen looking to work in the United States. I have an employer in the US who is willing to sponsor and employ me as an apprentice in the electrician trade. I do not have any past work experience, nor do I have any educational degrees. Which work visa type should I look to apply?

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Well that would be down to your Employer and their Lawyer, likely to be very few options. They lead the process, have they mentioned anything?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Exactly. The employer (their lawyer really) would be the one doing the petitioning. They would be best suited to know what visa is necessary. It's not something you really have a role in beforehand.

The line of work + education items likely eliminate any work visas I can think of off-hand.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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No previous work experience or education probably will mean that you won't get any work visas.

 

I don't see a reason why an US employer would just randomly throw away thousands of dollars to bring in foreigner who don't even know the trade yet.

 

Let me guess, employer is a "friend" or family member?


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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51 minutes ago, Reubern said:

Hi, I'm a Malaysian citizen looking to work in the United States. I have an employer in the US who is willing to sponsor and employ me as an apprentice in the electrician trade. I do not have any past work experience, nor do I have any educational degrees. Which work visa type should I look to apply?

The employer and their legal team would technically be taking care of everything. Just because they said they're willing to sponsor you doesn't mean that they are ABLE to, especially if you don't even qualify for any of the work visas (and it sounds like you don't, to be honest).

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Thank you for all your input. Yes, the employer is a friend of a friend. He's having a hard time recruiting people (he doesn't require any skill or knowledge in the trade, he just needs willing workers), especially because his line of work has some hazardous risk attached to it. He also can't find anyone willing to work up in the north of the US where it's cold. He said he's willing to sponsor me, but he doesn't have the time to look into the paperwork. So, he asked me to do some research for him.

 

I was looking into work visa H-3 (trainee). Do I qualify for that type of visa?

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37 minutes ago, Reubern said:

Thank you for all your input. Yes, the employer is a friend of a friend. He's having a hard time recruiting people (he doesn't require any skill or knowledge in the trade, he just needs willing workers), especially because his line of work has some hazardous risk attached to it. He also can't find anyone willing to work up in the north of the US where it's cold. He said he's willing to sponsor me, but he doesn't have the time to look into the paperwork. So, he asked me to do some research for him.

 

I was looking into work visa H-3 (trainee). Do I qualify for that type of visa? 

https://www.uscis.gov/working-united-states/temporary-workers/h-3-nonimmigrant-trainee/h-3-nonimmigrant-trainee-or-special-education-exchange-visitor

"Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country."

Is there not training available in your home country to be an electrician?

Would the training in the US even be useful in your home country?

 

"This classification is not intended for U.S. employment.  It is designed to provide a foreign national with job-related training for work that will ultimately be performed outside the United States. "

 

"In order to obtain H-3 classification, a U.S. employer or organization must demonstrate that:

  • The proposed training is not available in the foreign national’s native country;
  • The foreign national will not be placed in a position which is in the normal operation of the business and in which U.S. citizens and resident workers are regularly employed;
  • The foreign national will not engage in productive employment unless such employment is incidental and necessary to the training; and
  • The training will benefit the beneficiary in pursuing a career outside the United States. "

I just can't see how there is a strong case for an H-3 here.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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The employer is just making excuses.  He has not looked in the right places - like vo-tech schools.

 

You should realize that H-3 is for training and not residence in the US. The training cannot be obtained in your home country.  Why would he sponsor training for someone who cannot remain?

 

Work visas for manual labor positions not requiring at least a 4 year college degree are very limited and short term.  They are not for moving to the US to live.

 

This is unfortunately one of the flaws in US immigration that is not considered in immigration reform proposals.  I personally think it is unfair but cannot in good conscious give you false hope.

 

If your goal is to live and work in the US, you need to obtain a college degree in a field needing workers in the US.  You can look at electrical engineering.  I personally know of a US university who at one time years ago had a number of Malaysian students working on degrees; I believe they were sponsored by their government.

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6 hours ago, Reubern said:

He said he's willing to sponsor me, but he doesn't have the time to look into the paperwork. So, he asked me to do some research for him.

 

 

He needs a lawyer and a lot of cash.

You cannot apply by yourself. You cannot file the paperwork yourself. You cannot pay for that visa.

 

If your friend is so lazy with the paperwork like he's with hiring people, then no wonder he can't find anyone qualified... 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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6 hours ago, Reubern said:

Thank you for all your input. Yes, the employer is a friend of a friend. He's having a hard time recruiting people (he doesn't require any skill or knowledge in the trade, he just needs willing workers), especially because his line of work has some hazardous risk attached to it. He also can't find anyone willing to work up in the north of the US where it's cold. He said he's willing to sponsor me, but he doesn't have the time to look into the paperwork. So, he asked me to do some research for him.

 

 

North of the country is full of people being well paid to do jobs they’d do for cheaper in southern climes. Unemployment is low so people have to pay more, and they have to pay more in less welcoming parts if the country, sure. I’d still be surprised if it’s cheaper to hire someone from overseas, unless your friend doesn’t realize the expense of sponsoring a work visa for someone, maybe he thinks you’ll work for cheaper than a local (that’s also illegal under work visa rules by the way). However as others have said it’s all a moot argument because there is no long term visa for unskilled workers, much less for someone who has neither work experience nor qualifications... there is simply no way this is going to happen. Unskilled workers normally get short term, seasonal visas, again however sponsored by the company. Not researched by people living elsewhere who couldn’t possibly have the kind of legal knowledge of work visas needed. 

 

if you have a high school diploma, you may consider entering the DV lottery, but the next application period is still many months away (October).

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