British Expatriate Network

All,

You may remember my thread about 3 weeks ago about how I could not get a job in the USA due to visa regulations.

Last week I sent a speculative CV off to an American based motor racing team - they weren't recruiting for any vacancy, it was purely speculative. Anyway they liked my CV and thought I would be a useful addition to their marketing team. We exchanged a few emails and I had a couple of succesful phone interviews. They want me to go to the US this month for an informal face to face interview and subject to that being succesful (which is likely) they would like to employ me.

They have little knowledge about visas and immigration so my question is are they actually allowed to employ me? If they sponsor me will I be granted a work permit? I do have a degree in marketing if this makes any difference.

Thanks.

Adam

I am very far from being an expert, but I get the feeling that the visa you will need is an H1b. Only a limited number of these are available each year and the go quickly. Also they are only valid for a short period

good luck!

Stelesque came on an H1b, I think, she may be able to help you.

Technically, would it not be illegal to enter the country for a job interview. Isn't it a bit "cart before horse"? I know some guys that had phone interviews and then their visas were processed and then they came over and finalised things.

But yeah, best to find out from an H1B experienced person, which I am not.

not if they're paying airfare

Hi,

They are interested in employing me and want to see me face to face. If your potentially going to sponsor someone then surely you need to meet them first! Who in their right mind goes through the time, effort and expense to sponsor somebody they have never met!!

My question is - if they sponsor me, will I be granted an H1B? Is my profession specialised enough?

Thanks for the tips, I will contact Stelesque and see what he/she says.

PS - Pilgrim I never understood why Holloway left Plymouth for Leicester, he was building a decent side and then abandoned it for pastures new. I can understand people moving on, but not when a job is half-done!!

Adam

Stel is a she.

No you will not automaticallt be granted a visa -there are only a limited number available.

Adam, the H1b visa is restricted. They only give out a certain amount each year - I think this year it was 65000. There are education requirements, with a minimum of a bachelors degree required, unless you fit into a specialised trade.
The visas are given out in Obtober, but you can go on a waiting list before that.
I went on the waiting list in April and got selected in the October drawing, but there were not enough visas to go around that year, so I was lucky.
Now would be a good time to get the ball rolling if they are going to sponsor you, try and get all the paperwork in by the spring for the October drawing.
There are some jobs that do not have the quote restriction, but they are in nursing and academia.
Good luck with the interview.

Adam,
I replied to your message. There is great info here
http//en.wikipedia.org/wiki/H-1B_visa

and links to forums that support H-1B applicants.

I cannot stress enough how you must be very careful not to give the appearance that your upcoming visit is for an interview. Presumably (unless you are going to go to a lot of trouble) you were planning to fly over using a visa waiver, which strictly bans you from any type of job seeking, which is exactly what an interview is.

Should you get the job and begin the H-1B application, never admit that you interviewed for the position in person or you'll get in trouble.

Welcome to the world of immigration madness!

Stel.

Thanks for confirming this - I really didn't pay much attention to it a few years back but something stuck in the back of my mind that this was an issue.

All,

Thanks again for your responses.

One thing I cannot get my head around is how can a company invest the time and money in sponsoring somebody without meeting them first! That sounds ludicrous.

Are you saying every company who employs people on H1B's does so without ever meeting the person they are sponsoring?

Adam

The ones I know who did H1B either worked for UK subsidiaries or US companies in UK - they were doing some kind of internal transfer I suppose and the US office went off what the UK office recommended. So yes, in that case, the US company did invest the time and money in sponsoring someone without physically meeting them first.

I have heard of phone interviews though for H1B - we even do those here when an applicant applies for a job from another state, as we don't pay their travel expenses - assuming their application and resume look impressive enough. I am sitting on a conference call later this week for an applicant from the mid-west. I and one other panel member have met him by chance but the rest of the panel have not - he will still get the same consideration though as we have to follow very specific hiring guidelines.

The first thing you have to understand is that US immigration rules don't usually make much sense to the average Brit.

They are designed in a way to discourage US companies from hiring non-US workers, hence making things complicated and nonsensical.

Plenty of US companies hire without meeting people in person. I got my first job over here (albeit on a J1 visa) based solely on my CV and one telephone interview of about 8 minutes.

Other companies are hiring people, as Pilgrim said, who already work for a subsidiary or perhaps travel back and forth for business already so it's simple for them to get together and interview or chat in person.

Nobody is saying that you can't go for an interview with the new company. We are saying that the rules say you can't go for an interview on a visa waiver.

Many, many parts of the immigration process make no sense, especially things like this where a company is supposedly committing to spending $5000+ on immigration costs for someone they've never met.

It's likely you won't have a problem at all when you come for the interview, but we'd hate to not warn you and then you get stuck :shock:

Stel.

Hi all,

I found this site by accident when looking for a site for Americans living in the UK. I basically have the opposite problem of Adam - trying to jump the pond in the other direction! The immigration rules going to the UK are similar, in that companies are strongly discouraged from attempting to sponsor Americans. Like Adam, I'm in a sales position, so I'm having a really hard time. America obviously has the issue of the wait list, and only so many visa being given per year, which sounds much more challenging. Here is my question for Adam though, and I'm sure all of you, since you went through this, will know more than I will!

When I last went to London for interviews, I read first that it is not allowed to seek work as a visitor, but that if you are INVITED by a company for a proper interview, then it is ok to enter the UK for that purpose. The invitation is the key. Since Adam has been asked to come for an interview, would that still not be ok here in the US? Would he not be allowed entry if he comes? It seems that if he has been invited, and can bring a copy of the email that discussed this (that is what I did), then he may not have a problem at the airport.

The thing is, Adam - if I were you, I would still tell immigration officers that you are coming for a vacation. Sounds so much easier! But I'm just asking because you should definitely do your research. And this company should also. I went to London for 3 interviews in November, and only 1 had done their research in terms of what they would have to do to sponsor me. I paid my own expenses for the trip, and the company that had done their research hired a qualified UK resident. The others, after being discouraged by the home office, basically blew me off after that. Needless to say, it was hugely disappointing. I would hate to see that happen to another person. If they are serious about employing you, they should find out what it will take before you take the time to come for the interview.... unless of course they are paying the entire bill, and in that case, enjoy your stay!

This all sounded so discouraging when people told me all of this, so I'm sure you are feeling the same. I've been told that unless the job decription reads as if it was written straight from my resume, I haven't got a shot at a work permit. But with a degree, 10 years in sales and 7 in my specific field, it's just a matter of time until that job comes along. Just keep trying! And I do hope this job works out for you!

Wrigley

US and UK are in no way reciprocal regarding immigration and visas/immigration/citizenship. It is far from safe to assume that anything is a two way street.