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Immigration and the USA. How?

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Old 07 April 2008, 01:56 PM
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Frazzly
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Default Immigration and the USA. How?

Hey guys,

Not a common poster here but a frequent observer.

Its been on the back of my mind for years and thinking about it now is the time rather than hang around where Im more financially kept to the UK.

Ive basically been looking to move to the USA. Either Hawai or Florida in particular ( for the weather and slower/more enjoyable outlook on life)

How on earth can you do it?

Im 25, a Retail manager and have a degree in media which I took no further after university. Having investigated it abit it seems my only real chance of moving across is to have an employer sponsor my move and raise a petition for my immigration from the other side of the pond.

Has anyone any expereince of companies who would do this with my kind of stats? Im not exactly hugely experienced in any particular envirnment yet.

Its just a thought, one which I was hoping you guys could maybe enlighten me further. As I say its a thought right now, not going to act on it this year anyway.

Cheers
Fraz
Old 07 April 2008, 02:38 PM
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Markus
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Ah the joys of US work permit's/visas. We tried for a few years to get various people, including myself, from our UK office to our US one (based near St Louis). Being a bit of a niche company (mainly network administration software for Macintosh computers), we thought it would be easy to persuade US immigration that there were not many people in the US, let alone the area we were looking at, that had the skills/knowledge to run things off the bat. Essentially we told them we'd need to bring over people from the UK, probably about four of us, and after six months to a year, to assess the market, we'd start employing and training americans to bolster the numbers, possibly returning some of the relocated staff back to the UK, unless they wished, and were allowed, to stay.

Immigration didn't seem to like this. They saw it as us stealing jobs from good ol honest americans, and that it cannot be that hard to pick up what we were doing, which is somewhat true, but it would take at least six months to fully train someone, and what's the point of doing that if, six months down the line, we find that the market isn't there any longer, thus the person we trained has no job.

Bottom line was, after about a year and a half, only one of the people had got a work permit and the others didn't look like they were ever going to be granted, so we decided that perhaps Canada might be a better base for our North American office, and after looking into the immigration side of things, it seemed a mere formality to get staff relocated (intra-company transferee) from the UK office to the Canadian one, and that is exactly what we did.

From what little I know of US Immigration it is pretty difficult to get in, unless you have a unique skill set (I think what counted against us was that we were looking at bringing in more than one person, if it was just one of us, we'd probably have been ok), or, as you have found, you can find an employer who will sponsor you, and even if you do find such an employer, you are still going to have to prove to immigration why an american citizen cannot do your job, ie; you have a unique skill set.

I'd certainly pop over here and contact the US Embassy in London and have a chat with them about what you want to do and they should be able to tell you how to proceed.

Have you considered Canada rather than the US? I ask, because, as mentioned above, we had a great deal of trouble trying to get work permits for the US, but for Canada it was very simple indeed. I flew from the UK to Toronto, went to the immgration area and asked if I could have a work permit. I had a letter from an immigration lawyer stating what the company did and who I was, a letter from our company stating the same, and that they wished for me to work for our Canadian company, and my CV. Within 45 mins I had a work permit. It was only for a year, but it can, and has been renewed annually since 2004.
Normally you'd need to find an employer who'll employ you, and again the skill set thing comes into play, but certain categories of jobs are special, typically IT/medical/science, in that you don't need to get the employer to ask immigration to validate the offer. There is also work visa, which will allow you to work for anyone, there are a certain number of points you need to qualify for one, and the most points are allocated for wether you have a job offer yet, so it is biased to you having a job before. Plus it will take at least 12 - 18 months for the visa to come through. The same is probably true for the US as well.

Last edited by Markus; 07 April 2008 at 02:44 PM.
Old 07 April 2008, 02:44 PM
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stilover
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Originally Posted by Markus
Ah the joys of US work permit's/visas. We tried for a few years to get various people, including myself, from our UK office to our US one (based near St Louis). Being a bit of a niche company (mainly network administration software for Macintosh computers), we thought it would be easy to persuade US immigration that there were not many people in the US, let alone the area we were looking at, that had the skills/knowledge to run things off the bat. Essentially we told them we'd need to bring over people from the UK, probably about four of us, and after six months to a year, to assess the market, we'd start employing and training americans to bolster the numbers, possibly returning some of the relocated staff back to the UK, unless they wished, and were allowed, to stay.

Immigration didn't seem to like this. They saw it as us stealing jobs from good ol honest americans, and that it cannot be that hard to pick up what we were doing, which is somewhat true, but it would take at least six months to fully train someone, and what's the point of doing that if, six months down the line, we find that the market isn't there any longer, thus the person we trained has no job.

Bottom line was, after about a year and a half, only one of the people had got a work permit and the others didn't look like they were ever going to be granted, so we decided that perhaps Canada might be a better base for our North American office, and after looking into the immigration side of things, it seemed a mere formality to get staff relocated (intra-company transferee) from the UK office to the Canadian one, and that is exactly what we did.

From what little I know of US Immigration it is pretty difficult to get in, unless you have a unique skill set (I think what counted against us was that we were looking at bringing in more than one person, if it was just one of us, we'd probably have been ok), or, as you have found, you can find an employer who will sponsor you, and even if you do find such an employer, you are still going to have to prove to immigration why an american citizen cannot do your job, ie; you have a unique skill set.

Have you considered Canada rather than the US?
So I take it a Polish Bricky would struggle to get in then?

Shame the UK doesn't take the same stance. Oh no, wait, cheap labour taking jobs away from the British workforce is good for Britain. Isn't it?
Old 07 April 2008, 02:52 PM
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Originally Posted by stilover
So I take it a Polish Bricky would struggle to get in then?
Switch it to a Mexican and you'd probably have about the same US biased analogy there, for possibly the same reasons too. The immigrant workforce is happy to do the menial jobs the domestic population won't, for minimal wages, because it's more than they would get back home.

There is however, one major difference, maybe two. The first is healthcare, it's no free ride in the US when it comes to healthcare, something one cannot claim in the UK. The second is tenuous, as I'm not sure how it works, but I suspect that in the US you'd not get benefits if you're an immigrant worker.
Old 07 April 2008, 04:31 PM
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shnae looking good really is it? I know a family who bought a business over in florida and gained entry that way. Maybe worthwhile speaking to them I guess.

My problem would be there cant be a shortage of retail managers in the US. I guess my media degee would help but Im not that keen to go to the US to work based on that.

hmm
Old 07 April 2008, 04:42 PM
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Unless your retail skills are in some way unique, as in the company you work for has a niche product, then you probably will find it difficult to get in. You may want to have a read/post over here or pick a place from this list and ask the ex-pats there a few questions, I'm sure they'll give you advice as they will have been through the same things to get there.
Old 07 April 2008, 05:02 PM
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Not really! cycles! lol
Old 07 April 2008, 08:33 PM
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Its a f***ing nightmare mate...seriously.
Old 07 April 2008, 09:10 PM
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awesome
Old 07 April 2008, 10:15 PM
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free bump for u, i too am looking to move off this rock and go somewhere else...


good luck to you
Old 07 April 2008, 10:25 PM
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Whats stopping you opening a business in the states?????

my old fella has a business in FL and i'm sure i can get a temp visa that way.
Old 07 April 2008, 11:43 PM
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My Sis had the same dream. They went about 4 yrs ago have 4 houses in Kissemme tried all types of business plans and anything poss. Got some visa extensions but are just about to leave cos it's a nightmare. Worse still properties just not selling so they are stuffed.

They rent out 3 of the houses see Abracadabra vacation homes & villa rentals in Orlando Florida - hope the link works if not change the spelling??? - anyhow good luck
Old 07 April 2008, 11:47 PM
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I know my old fellas taxes have doubled in Florida, he pays double because he is not a Floridian resident, its killing the housing and rental market.

Brits are selling in droves - thats is they can sell
Old 07 April 2008, 11:50 PM
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Originally Posted by The Chief
Whats stopping you opening a business in the states?????
Yes you are correct that you can get an e2 visa by starting or buying a business.
However, if you start one, its not quite that simple.
It has to
a) benefit the US- ie, by employing citzens and generating taxes from you and/or providing a service which will benefit the community.
Your investment must also be:
b) commited (so you cant invest, get the visa then withdraw the cash- they arent daft)
c) substantial. This obviously varies depending on what type of business it is.
d) At least 50% owned by the foreigner (ie, you)
e) A legitimate and viable business.
f) The foreign investor must have an active and controlling role in the business.
and crucially....
g) must not be marginal. In otherwords, if you need $50000 to live on a year, the business can't make $55000....the business must make substantially more income than you require merely to support yourself and/or family. It can't JUST provide you with your living costs.

I looked into all of this regarding E2 visas some time ago.

There is another investor E category which you can basically BUY a green card- but this requires a minimum of $1,000,000 ( or $500,000 in some areas) investment into certain govt approved schemes, and all that money has to fullfill the commited criteria.

Like I said....nightmare.

i'm now thinking of setting up as an immigration attorney in the future (that lot wasnt a cut & paste...all frmo memory)

Last edited by Freak; 07 April 2008 at 11:53 PM.
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