USA Green Card / Work Permit Q's
Discussion
I'm a shareholder in a US company, which owns the UK company where I work day to day. Circumstances dictate that we need to close the UK office, which leaves me with 2 options: get a new job or consider moving to the US.
Looking at the property we can get for £100k (4 bed, 3 bath, triple garage, lakeside location yada yada) the "move to the US" option has to be considered (plus, the possibility of running a firkin massive V8 for peanuts)
What's the deal with getting a green card? I have very specialist skills which relate directly to our business, and are simply not available elsewhere in the US, so I would guess this gives me a good chance. What about Mrs. Miniman? Could she work too?
Appreciate any advice! :)
Looking at the property we can get for £100k (4 bed, 3 bath, triple garage, lakeside location yada yada) the "move to the US" option has to be considered (plus, the possibility of running a firkin massive V8 for peanuts)
What's the deal with getting a green card? I have very specialist skills which relate directly to our business, and are simply not available elsewhere in the US, so I would guess this gives me a good chance. What about Mrs. Miniman? Could she work too?
Appreciate any advice! :)
But to justify the work visa, the company needs to show that your job is SO specialized that only YOU can do it and not some unemployed american. Oh yea, if you get one , then your wife/SO will not get one so she might be bored bynot working. Your kids will also have to pay higher school fees even though you are a "local" and pay taxes. Its quite the palaver to jump thru all the hoops so you have to start now with the paperwork/applications. If you decide to, later on, to get a green card youcant leave the US until the process is finished (read: redtape and several months/years to complete)
Just to clarify, The work visa only means you.. not both you and your dependants. I know this from my folks who spent 7 years in Houston. My dad's company had to convince the powers that be that he was the only expert in his field so issued him with one. My mother was not allowed to do anything workwise so was slightly annoyed with that.
LRdriver II said:
But to justify the work visa, the company needs to show that your job is SO specialized that only YOU can do it and not some unemployed american.
Well, it's a niche software product. I have 10 years experience of it, the team at the company who develop it have 5 years experience, and there's probably 20 people total in the US who know what they're doing with it. So hopefully it won't be a problem.
If you work for an american company it can't be that difficult to prove you have specialist skills. I worked for an american bank in London and they sent me out to NY for several years on the premise that I would trade US Government bonds....as if Americans couldn't do that already???
Having grown up as an expat kid around the world I have seen what a tour of duty outside of your home country can do with relationships. Basically she cant work but it is very important she gets stuck in socially with her environment. The feeling of isolation if she/he is timid or scared of going out is detrimental to any future you might have together. You will out working long hours, making friends, being challenged etc.. Your SO will be bored crapless unless being an extrovert, get-up-and-go type. I remember a couple coming to the US, he loved it and they lived in the nice part of town etc..(lets face it, the USA isnt exactly a hardship-assignment like other crapholes of the earth are..) But she was a small town girl, who was like a fish out of water being away from her family, so she freaked, took herself and their newborn toddler and moved home. result, divorce, unhappiness, his life ruined, her life ruined all because of her provincial attitude.
So sort things out, make sure you define the roles when you get there to get the company "Family Inc" up and running. You work, and she sorts Housing and everything else out.
Your company needs to start writing a letter explaining why you are the specialist and why you have to have a work visa. The bigger the company, the easier it is to get these as they have specialist lawyers who can start the workpermit paperwork mountain.
So sort things out, make sure you define the roles when you get there to get the company "Family Inc" up and running. You work, and she sorts Housing and everything else out.
Your company needs to start writing a letter explaining why you are the specialist and why you have to have a work visa. The bigger the company, the easier it is to get these as they have specialist lawyers who can start the workpermit paperwork mountain.
It sounds as though you should qualify for an L1 visa as a transferring technician (L1-B) or manager (L1-A). There are other visa options like treaty trader. L1's aren't subject to annual quota, you just need to have worked for the company for 1 of the last 3 years. And unlike most work visas they entitle your spouse to work on a dependent visa. Main downside is that they are company specific - if you qyit your job you both lose your right to residence. Both L1-A and L1-B allow you to apply immediately for a green card (permanent resident), L1-A makes it easier as you don't need labor certification.
The key thing is - have your US company engage a competent immigration attorney asap
>> Edited by mikef on Tuesday 24th May 21:19
The key thing is - have your US company engage a competent immigration attorney asap
>> Edited by mikef on Tuesday 24th May 21:19
mikef said:
It sounds as though you should qualify for an L1 visa as a transferring technician (L1-B) or manager (L1-A). There are other visa options like treaty trader. L1's aren't subject to quota, you just need to have worked for the company for 1 of the last 3 years. L1's aren't subject to annual quotas. And unlike most work visas they entitle your spouse to work on a dependent visa. Main downside is that they are company specific - if you qyit your job you both lose your right to residence. Both L1-A and L1-B allow you to apply immediately for a green card (permanent resident), L1-A makes it easier as you don't need labor certification.
The key thing is - have your US company engage a competent immigration attorney asap
Yes, this is how I am in the states. Your best choice.
But I believe that you can only apply for a Green Card if your company is willing to sponsor you. More money and justification of your job.
smele said:
My young lady will not get a work permit, and the question is then what is she going to do with herself all day for 9 months.
Spend your money.[/quote]
That is my concern, yes.
Basically, I'm going to get a H1B I assume.
She'll need a H2B to work out here I think. Any idea how hard one of those is to obtain?
smele said:
you can only apply for a Green Card if your company is willing to sponsor you
Yes, that's an important qualification. GC sponsorship is something you need to negotiate as part of your expat deal, along with relocation (allow around £15k-£20k in each direction) and tax services for the transfer years
I'll look after her. Mr E said:
Basically, I'm going to get a H1B I assume.
She'll need a H2B to work out here I think. Any idea how hard one of those is to obtain?
A spouse can't work on an H4 (that's the derivative dependent visa of an H1B, H2Bs are seasonal workers). Even voluntary work to stop her getting bored is limited to jobs for which no-one would normally be paid.
That's what makes an L1 (intra-company transfer) the better option, as L2s have been able to work for about 2 years now. To qualify for L1, you'll need to have worked for (not necessarily as an employee...) the employer for one of the three years before moving to the US
Edited to add: this all assume that you are married to the lady in question. If not, she's not going to get in legally for 9 months unless she qualifies for a work or student visa in her own right
>> Edited by mikef on Tuesday 24th May 22:41
miniman said:
I'm a shareholder in a US company, which owns the UK company where I work day to day. Circumstances dictate that we need to close the UK office, which leaves me with 2 options: get a new job or consider moving to the US.
Looking at the property we can get for £100k (4 bed, 3 bath, triple garage, lakeside location yada yada) the "move to the US" option has to be considered (plus, the possibility of running a firkin massive V8 for peanuts)
What's the deal with getting a green card? I have very specialist skills which relate directly to our business, and are simply not available elsewhere in the US, so I would guess this gives me a good chance. What about Mrs. Miniman? Could she work too?
Appreciate any advice!
I would move - no question. What is the worst that can happen? You spend time in the US, you prefer the UK, sell up and move back.
But FWIW I moved to the USA in 1999 and most of the guys my age that went there at the same time are NOT returning home. Britain is ridiculously expensive, combine the higher US wages with lower taxes and better value for money for many things and you feel a lot better off.
There is a good book that you can buy from places like Dillons called Living and working in the USA by David Hampshire. It is worth buying.
In your situation you really want to try to transfer out on an L1-A then petition for the Green Card.
As you are going to Wichita you can see your lawyer will file in Nebraska:
http://uscis.gov/graphics/fieldoffices/alphak.htm#anchorKANSAS
And as you can see from Nebraska it will take around 2 months for your L1 case to be reviewed:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska
You will then need to file for the Green Card, and per the second site that will take longer.
If your wife goes out with you on an L1 she will have entitlement to work. That has only recently been the case (I think since about 2001) but it means she can stay busy. There may be some restrictions on what she can do - for example an SRN in the UK needs to take the US exams before they can work.
With any US Visa application get a very good lawyer. They cannot change processing times, but they can make sure that matters are simplified and that all the information is presented such that approval may be granted without an interview for certain petitions. That is worthwhile.
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