Finding an appropriate work visa

[Tomaso11 2]

1 minute ago, Lucky Cat said:

That would be quite an achievement.  Good luck.  

How do you know the role?

[SusieQQQ 11,584]

14 minutes ago, Tomaso11 said:

Its for a specialty role at his bakery, so he would have to advertise and convince that no one is able or capable of doing that specialty role, which I think he can prove.

Yes, that would be a pre-requisite for almost all work visas, as it is for EB3 as I guess this is. But you said you don’t want to wait that long.

 

Im curious as to why you said you don’t qualify for an E visa which is what a number of Australians I know have used? (I don’t know much about the visas) isn’t that one of the easiest visas to use to come work here? (At least...that’s the impression that was given to me)

 

 

Edited February 18, 2021 by SusieQQQ

[Crazy Cat 39,312]

11 minutes ago, Tomaso11 said:

How do you know the role?

I'm just thinking it might be a very unique situation.

Edited February 18, 2021 by Lucky Cat

[Tomaso11 2]

7 minutes ago, Lucky Cat said:

I'm just thinking it might be a very unique situation.

Thanks for your input.

[Tomaso11 2]

9 minutes ago, SusieQQQ said:

Yes, that would be a pre-requisite for almost all work visas, as it is for EB3 as I guess this is. But you said you don’t want to wait that long.

 

Im curious as to why you said you don’t qualify for an E visa which is what a number of Australians I know have used? (I don’t know much about the visas) isn’t that one of the easiest visas to use to come work here? (At least...that’s the impression that was given to me)

 

 

The e3 is designed for people in specialty occupations, usually high end jobs, lawyers, doctors etc, it requires a bachelors degree as a pre-requisite. Experience in the work field over a certain number of years can substitute for a bachelors degree. The work experience needs to be in a managerial role of 12+ years i think. I have the experience, but not in the managerial role for over 12 years. So the eb3 is really the only choice, unless we can go for the o1 which we are looking into also. The hb2 i understand is for seasonal workers, and not an option in this case.

[SusieQQQ 11,584]

16 minutes ago, Tomaso11 said:

The e3 is designed for people in specialty occupations, usually high end jobs, lawyers, doctors etc, it requires a bachelors degree as a pre-requisite. Experience in the work field over a certain number of years can substitute for a bachelors degree. The work experience needs to be in a managerial role of 12+ years i think. I have the experience, but not in the managerial role for over 12 years. So the eb3 is really the only choice, unless we can go for the o1 which we are looking into also. The hb2 i understand is for seasonal workers, and not an option in this case.

 

Well if your role really as specialty as you indicate (your confidence they won’t find anyone else with the skills) you should have all sorts of options here surely?  H2b is generally for low skills in temporary demand so it presumably doesn’t align with anything specialty. 

Edited February 18, 2021 by SusieQQQ

[Boiler 43,505]

2 hours ago, SusieQQQ said:

How does a chef come on an L? Transfer within a hotel chain ? 

He was an Executive Chef at one of the big Hotels in Vail, he had carried out the same sort of role at one of their operations in Mexico.

[Boiler 43,505]

The nobody else can do the job requirement seems more theoretical than practical as far as an EB3 is concerned, any half competent Lawyer can work there way around that.

[Tomaso11 2]

58 minutes ago, SusieQQQ said:

 

Well if your role really as specialty as you indicate (your confidence they won’t find anyone else with the skills) you should have all sorts of options here surely?  H2b is generally for low skills in temporary demand so it presumably doesn’t align with anything specialty. 

Its for an Australian product based business, that's why it's specialty, that's why I have the skills, making the Australian products, that's why he wants to hire me. But unfortunately, this doesn't fully qualify me for the E3 because of my 1. Lack of degree, and 2. Lack of 12+ years in a managerial role.

[SusieQQQ 11,584]

9 minutes ago, Tomaso11 said:

Its for an Australian product based business, that's why it's specialty, that's why I have the skills, making the Australian products, that's why he wants to hire me. But unfortunately, this doesn't fully qualify me for the E3 because of my 1. Lack of degree, and 2. Lack of 12+ years in a managerial role.

Like boomerang pies? Yeah plenty of these country niche businesses all over the US.

but anyway yeah his lawyers would be best placed to get you the right visa, certainly seems a more worthwhile option than community college, although nothing is going to be fast.

 

So genuine question, if he advertises as required and finds there are already Australians with the required skills here as LPRs or naturalized, it would obviously make sense to hire them over you as he doesn’t have to go through the time and legal expense of Eb3, what would your plan B be?

[Boiler 43,505]

27 minutes ago, SusieQQQ said:

Like boomerang pies? Yeah plenty of these country niche businesses all over the US.

but anyway yeah his lawyers would be best placed to get you the right visa, certainly seems a more worthwhile option than community college, although nothing is going to be fast.

 

So genuine question, if he advertises as required and finds there are already Australians with the required skills here as LPRs or naturalized, it would obviously make sense to hire them over you as he doesn’t have to go through the time and legal expense of Eb3, what would your plan B be?

They advertise to comply with the law, not to find applicants. 

[Tomaso11 2]

26 minutes ago, SusieQQQ said:

Like boomerang pies? Yeah plenty of these country niche businesses all over the US.

but anyway yeah his lawyers would be best placed to get you the right visa, certainly seems a more worthwhile option than community college, although nothing is going to be fast.

 

So genuine question, if he advertises as required and finds there are already Australians with the required skills here as LPRs or naturalized, it would obviously make sense to hire them over you as he doesn’t have to go through the time and legal expense of Eb3, what would your plan 

Well the o1 visa is something we are still looking into. I was hoping to find somebody who would employ me on e2 visa (an Australian investment business owner who wants to use me as an employee) but that didn't quite work out. Then I found this opportunity so we are trying to make it work. It just seems the best possible way is the eb3 at the moment.

[Tomaso11 2]

3 minutes ago, Boiler said:

They advertise to comply with the law, not to find applicants. 

Im not sure what boomerang pies are sorry

[Huckleberry&Koala 184]

5 hours ago, boris64 said:

I agree with this. Covid with the delays for interviews has made the K1 almost pointless. But the K1 is not necessarily terrible. Especially for those couples that don't need the immigrant to work right away. It does have the benefit of being much easier for each party to go their own way if things don't work out initially or the immigrant really doesn't like living in the US than a marriage based visa does. It's not a popular sentiment but it is a reality for some couples. It seems that the OP wants or needs to work right away so the K1 visa would not be a good option.

I understand some advantages of marriage based visa over K1 but in addition to what you indicated, some people just don't want to live apart from their spouse once they get married so they prefer K1, like my now husband and me:) 

[Duke & Marie 1,389]

1 hour ago, Tomaso11 said:

Its for an Australian product based business, that's why it's specialty, that's why I have the skills, making the Australian products, that's why he wants to hire me. But unfortunately, this doesn't fully qualify me for the E3 because of my 1. Lack of degree, and 2. Lack of 12+ years in a managerial role.

I can’t see Aussie speciality food/recipes/meals working here, have you ever tried to replicate Aussie food using US ingredients? it’s impossible to get it tasting the same, even a lettuce which is 99% water based tastes different...beef, pork, veggies, fruit all tastes different, must be the soil...  just sayin

 

your best bet might be K1 or CR1 if it’s for love.... no visa is fast, you just need to be patient 

Edited February 18, 2021 by Duke & Marie