USA Green Card - how do all the recent immigrants get jobs?

USA Green Card - how do all the recent immigrants get jobs?

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PinkFatBunny

Original Poster:

779 posts

180 months

Friday 26th August 2016
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I'm looking at going to work in the States as fancy a change, so have started looking at the options.
It's basically get a company to sponsor you or go down the green card/right to work route. Getting permission to work unless you're a doctor or do something very niche is hard indeed - I do IT coaching and although I could buy a house in the states and support myself IT is pretty common so would be tricky for me.
I was in New York last week and wondered how do all the African taxi drivers (Somali etc not 3rd gen slaves), Russian bar staff and Mexican cleaners get their jobs?
They could get a tourist visa and stay but then you'd never get a social security number to get proper paid employment would they? The family restrictions are pretty strict so having a second cousin won't allow them to legally stay.

If anyone has experience in US immigration for Brits feel free to shout up.

cheers
Adam

BertieWooster

3,228 posts

163 months

Friday 26th August 2016
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I recommend you head over to the British Expats forum, specifically the US section here. There is a wealth of information on types of visas, etc.

Puggit

48,354 posts

247 months

Friday 26th August 2016
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Glad you raised this, because it's something I've been questioning too!

944fan

4,962 posts

184 months

Friday 26th August 2016
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Don't some countries have a lottery system which makes it easier for them to get a green card which people from the UK are not eligible for?

ETA - here: https://travel.state.gov/content/visas/en/immigrat...

Sure if Trump wins that will be deep sixed

PinkFatBunny

Original Poster:

779 posts

180 months

Friday 26th August 2016
quotequote all
BertieWooster said:
I recommend you head over to the British Expats forum, specifically the US section here. There is a wealth of information on types of visas, etc.
thanks for that will take a look.

Matt Harper

6,613 posts

200 months

Friday 26th August 2016
quotequote all
British Expats is good resource - however most of the contributors will simply direct you to their home-grown Wiki, entitled Pulaski's Ways, which is essentially a spreadsheet that outlines the various visas that exist and also covers familial/marriage, green card lottery and refugee routes.

British Expats is also dominated by people who have emigrated via marriage to USCs - so their advice and recommendations on the technicalities of employment based immigration are theoretical rather than real-world, first person.

By far the greatest immigration vehicle for those from third world countries, who end up driving cabs and the like get here via the annual Diversity Lottery, or due to close family (parents, children and siblings).

Employment based immigration (particularly from developed countries - Western Europe) is challenging.
In a nutshell, the options are - work for a non-US based company in a managerial or specialist capacity and wangle an intra-company transfer, - find a US sponsoring company that is willing to petition a visa for work that requires special skills and a degree (or equivalent specialist experience over a long period of time), - establish or buy into a US business that will employ US work-authorized personnel - or "invest" minimum $500,000 in an EB5 program and effectively buy a green card.

I have some experience, as both a beneficiary and a petitioner, so feel free ti fire away with questions and I'll do my best.

GCH

3,984 posts

201 months

Friday 26th August 2016
quotequote all
Broadly the main options are usually:

E2 - investor visa, by buying or setting up a company that employs US citizens. It has a lot of requirements, has to be renewed (they can be extremely stringent on renewal) and requires a significant amount of committed funds.
L1 - intracompany transfer, if employed in a manegerial role by a company outside the US for more than 1 year that has or is setting up a branch in the US.
H1 - for skilled workers with a job offer and company willing to sponsor. Has an annual cap, and specific dates for application.
O1 - Exceptional ability in a particular field. Requires a sponsor (usually an agent)
EB-1 - Exceptional ability in a particular field, and instant permanent resident (green) card. Does not require a sponsor and as such the criteria are the highest of all.
K1 - fiancé visa when engaged to a US citizen. PR (green card) a couple of months after marrying within the US after entry.
CR1/IR1 - Marriage visa when married to a US citizen which gives instant PR (green card) upon entry and citizenship 3 years later.
Green card lottery - British citizens not eligible, although Irish citizens are.
Illegal - via overstay or hopping the border. Not recommended, although you can work, pay taxes and do lots of things with little issue, you are always at risk and can't leave the country. I know plenty of people who who overstayed years ago and have set up a decent legitimate tax-paying business that employs US citizens, and they work very hard, but they can't leave the US as they wouldn't be let back in! Overstay can in certain circumstances be 'forgiven ' - for example if an overstayer marries a US citizen - but it is not an ideal way to live really, and is of course totally illegal.

Each have their own hurdles, pros and cons. Visajourney.com is a great resource full of real world experiences of people (albeit slightly sanctimonious at times, although far less so than the majority of the posters on the britishexpats forum!)

smifffymoto

4,527 posts

204 months

Saturday 27th August 2016
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Immigration to the US is not to be taken lightly.I watched a tv proramme a few years ago.
English family,mum,dad and two kids in late teens bought 2 ice cream parlours,ran them for a few years and making money.They got to a point where they thought a trip back to Blighty to see family was well earned.The son was left holding the fort in the states.Family return and are refused re entry and returned to England.They now have no option but to go to the US embassy in London and plead their case.The son is left doing all the work while having the threat of deportation because he is over 18 years of age and the visa is in mum and dads names.
The TV said all paperwork was in place and correct so it may have just been the computer saying no but not the risk I would like to take without some serious thought.I don't know if they got back in or had to sell up as there was no follow up.

SwanJack

1,911 posts

271 months

Saturday 27th August 2016
quotequote all
smifffymoto said:
Immigration to the US is not to be taken lightly.I watched a tv proramme a few years ago.
English family,mum,dad and two kids in late teens bought 2 ice cream parlours,ran them for a few years and making money.They got to a point where they thought a trip back to Blighty to see family was well earned.The son was left holding the fort in the states.Family return and are refused re entry and returned to England.They now have no option but to go to the US embassy in London and plead their case.The son is left doing all the work while having the threat of deportation because he is over 18 years of age and the visa is in mum and dads names.
The TV said all paperwork was in place and correct so it may have just been the computer saying no but not the risk I would like to take without some serious thought.I don't know if they got back in or had to sell up as there was no follow up.
I remember that program as well. Didnt they also have another family whose kids had to return to the UK when they reached 18 as they no longer had a valid reason to stay although they were still in education ? After having watched 'where to invade next next' and the possibility of electorate voting in Trump, there's plenty of other places i'd rather end up!

Edited by SwanJack on Saturday 27th August 11:54

Matt Harper

6,613 posts

200 months

Saturday 27th August 2016
quotequote all
smifffymoto said:
Immigration to the US is not to be taken lightly.I watched a tv proramme a few years ago.
English family,mum,dad and two kids in late teens bought 2 ice cream parlours,ran them for a few years and making money.They got to a point where they thought a trip back to Blighty to see family was well earned.The son was left holding the fort in the states.Family return and are refused re entry and returned to England.They now have no option but to go to the US embassy in London and plead their case.The son is left doing all the work while having the threat of deportation because he is over 18 years of age and the visa is in mum and dads names.
The TV said all paperwork was in place and correct so it may have just been the computer saying no but not the risk I would like to take without some serious thought.I don't know if they got back in or had to sell up as there was no follow up.
I imagine there would be way more to this than has been stated here.
My guess - E2 renewal. E2 is a Treaty Investor visa that allows the beneficiary to establish or buy an existing US business. The intent is that the business should employ USC/LPR's who are authorized to work. The business cannot be purely subsistence - i.e. only funding the living of the beneficiary and family. It is a visa with a large amount of material risk and not much in the way of benefit (particularly long-term). The petition requires a detailed business plan and forecast, which the US Consulate measures business performance against.
If the business fails to achieve business targets - including employment of USC/LPR workers, the visa renewal is denied. It happens a lot - particularly in cases where the hapless beneficiary has bought an existing business without meticulous prior research and due diligence - only later discovering that the business seller was dishonest/fraudulent.


smifffymoto

4,527 posts

204 months

Saturday 27th August 2016
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That sounds a very plausible reason for their predicament.

GCH

3,984 posts

201 months

Saturday 27th August 2016
quotequote all
Matt Harper said:
I imagine there would be way more to this than has been stated here.
My guess - E2 renewal. E2 is a Treaty Investor visa that allows the beneficiary to establish or buy an existing US business. The intent is that the business should employ USC/LPR's who are authorized to work. The business cannot be purely subsistence - i.e. only funding the living of the beneficiary and family. It is a visa with a large amount of material risk and not much in the way of benefit (particularly long-term). The petition requires a detailed business plan and forecast, which the US Consulate measures business performance against.
If the business fails to achieve business targets - including employment of USC/LPR workers, the visa renewal is denied. It happens a lot - particularly in cases where the hapless beneficiary has bought an existing business without meticulous prior research and due diligence - only later discovering that the business seller was dishonest/fraudulent.
Not unusual. It happened to a friend of mine...
He came here on an E2 and started a small chain of a niche business which was earning a superb reputation for quality, service and great design.
Unfortunately, come time for the first renewal, the only two things that USCIS cared about were the marginality and the profit figures, and the renewal was refused, regardless of the fact that he employed something like 20 US citizens at the time.

Ended up marrying his girlfriend at the time so he could stay!

Matt Harper

6,613 posts

200 months

Saturday 27th August 2016
quotequote all
GCH said:
Not unusual. It happened to a friend of mine...
He came here on an E2 and started a small chain of a niche business which was earning a superb reputation for quality, service and great design.
Unfortunately, come time for the first renewal, the only two things that USCIS cared about were the marginality and the profit figures, and the renewal was refused, regardless of the fact that he employed something like 20 US citizens at the time.

Ended up marrying his girlfriend at the time so he could stay!
Not sure where you are located GCH - I'm in central FL, which is something of an E2 hotspot - I suspect that a lot of people have come here on holiday and thought, "This is nice - why don't we set up a fish & chips business and come and live here". The trail of misery, bankruptcy and shattered dreams is very evident here - more than 50% fail at or before 1st renewal - it's so easy to over-estimate the income/profit and under-estimate the costs.

There is a bit of an action group forming here for E2 visa reform - a bunch of Brits who knew the limitations and restrictions, but came anyway and subsequently want the rules changed now they're here.

I established an E1 business here as a stepping stone to escape an L1-A, where my petitioner refused to sponsor a green card (having said he would) - I ended up selling that business to an E2 investor - he's done well with it, but like your friend, would eventually have been hosed, had he not married his USC girlfriend.

aeropilot

34,295 posts

226 months

Tuesday 30th August 2016
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GCH said:
Green card lottery - British citizens not eligible, although Irish citizens are.
Hmmmmnnnnn....... scratchchin

Might be worth taking up my available option on that then laugh