Exchange visas can be obtained for 18 months through approved J programs. The aim of this programme is to foster international relations by bringing exchange visitors into the US to acquire skills that can be utilised in their home country. These programmes need to be designated by the United States Information Agency. If you wish to work for a short period of time, the easiest method may be on a J-1 exchange visitor visa. However if you wish to apply for a "more permanent" non-immigrant visa at a later date or permanent residence, depending on the scheme, there may be problems. There is a two-year home residency requirement after the J program is complete. Please visit the US Department of State’s Web site for more details on the J visas provided. The web site is http://exchanges.state.gov. In addition the two-year home residency requirement may be waived. For more information of whether you qualify for the waiver visit: www.travel.state.gov/j_faq.html.
What about my spouse and children?
Dependants of personnel with US work visas are not generally allowed
to work in the US, unless they can qualify for a US work visa in their
own right, and can find a US employer to sponsor them. Dependants can,
however, engage in study in the US. The dependants of a US work visa holder
obtain their derivative visas at the same time as the main visa holder.
How to Work up to Six Years in America
The H-1B visa is extremely popular among foreign nationals who
want to
work in the United States. It is a visa for someone who wants
to
work in the United States on a temporary basis (as opposed to
a
permanent basis which would require the green card).
The H-1B visa can be extended for up to a maximum of six years.
It
is a convenient stepping stone for the green card. The applicant
first
files for an H-1B visa. As soon as it is approved by INS, the
applicant then starts the green card application. While the green
card application drags on in the labyrinths of INS, the H-1B
legitimizes the applicant's work in the United States in the
meantime.
In this process, the employer acts as a petitioner who must file
a labor condition application with the
Department of Labor assuring the department that the foreigner
will be paid the prevailing wage for the job.
You will need to preparing several documents, including the new
Form I-129 (Nonimmigrant work petition),
the labor condition application, and employment letters. You will need
your job description, your resume,
your passport, and a financial statement from your employer.
Your employer will be required to pay a sponsorship fee ($1130)
to INS, plus an extra $1,000 if it wants
INS to expedite the application.
Many resorts and clubs will pay you in cash for your services and bypass
this problem depending on how long you are working in the USA. You
can get a regular travel visa to visit the USA and apply for a working
visa once you are here and have the positon.
Green Card
In most cases where you are looking to fill a vacancy quickly, it is not feasible to apply for lawful permanent residence.
Most employment based permanent residence applications involve demonstrating that there is a shortage of US workers to fill the vacancy. The process of demonstrating such a shortage is called 'Labor Certification'.
Wherever 'Labor Certification' is involved, the total processing time invariably exceeds six months, and may take years. Even where 'Labor Certification' is not required, it is normally easier to transfer a candidate to the US using a non-immigrant visa, and then to apply for a 'Green Card' once they have taken up their position.
The following may obtain a 'Green Card' without 'Labor Certification':
International Executives/Managers
Registered Physical Therapists
Registered Professional Nurses
Aliens of Extraordinary Ability in Business, Sciences, Arts,
Education, or Athletics
Exceptional Ability in the Sciences, Arts, Business with a "National
Interest Waiver"
International Executives and Managers:
A multinational corporation with an established US office (i.e. one
that has been in existence for at least one year), may obtain a 'Green
Card' for international executives who have worked in an executive or managerial
capacity for a non-US branch of the corporation for at least one year in
the last three.
Applications under this category will generally need to be supported by:
1) A Letter from the employer confirming employment outside
the US, the nature of the previous employment, and the dates of
employment.
2) If relevant, a letter from the US employer confirming the nature of the previous employment, and the dates of employment.
3) A job description for the prospective employee.
4) Tax returns showing employment of the candidate by the same
employer outside of the U.S. for at least one year in the last three
years.
5) Accounts for the employer in the US.