# Help- I want to get my French boyfriend to the US



## cbringuez (Jan 26, 2009)

Hello, 

I am a US citizen and currently live in NYC. My boyfriend lives in Paris, France. He is 28 years old, has a masters degree level of education in computer science and about 5 years experience in the web industry- mostly with smaller start-up companies. He speaks english well and reads the news about the US on a daily basis. 

I would like to know where to begin with the process of getting him to live and work in NYC or any advice on what you may think the best option is for us. 

He is going to apply for the green card lottery, but they do not take applications until October and the drawing would not be until the end of the year- he wants to be here sooner. His plan is to move here in August and stay for 3 months and job hunt, hoping to find a company to sponsor his visa. Should he do this job search through the web, or are there job agencies that specialize in placing foreign workers? 

Another option he was considering (but we are not sure if it is possible) is becoming a freelance web developer/consultant and applying for the skilled worker visa(i think that is what it is called). Does he need a certain amount of money in the bank for that... and is that even an option for him? One other detail about this last option is his current company in Paris offered him the opportunity to work remotely from NYC. What type of visa would he need to get for that? And what type of documentation will he need?

Finally, a general estimation of how long the visa application process takes would be greatly appreciated along with any other advice you can offer. 

Thank you so much in advance for helping out- I know it is a lot of questions. Let me know if you need further info about him to assess our situation better.


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## twostep (Apr 3, 2008)

a) He cannot "move here" for three months. He can enter the US on a VWP up to 90 day but cannot work. No try-outs, nothing!
b) He can apply for jobs and hope to find an emnployer willing to sponsor an employment based visa. Entry deadline April 1, kind of a lottery, if visa is granted he can start work in October.
c) You can mary him which is the least troublesome solution.
d) He can try the investor route.
e) To work within the US he needs a visa. There is no visa for "remote work". Employers are unfortunately not always up to date in visa issues. The monkey is on the employee's back should there be problems.


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## Fatbrit (May 8, 2008)

The obvious answer to your question is marry him. Know it's not the one you want to hear, but it has a way higher success rate in allowing an alien to work in the US than all the others put together.

Definitely enter the diversity visa "lottery". It's the best visa money can't buy! But lucky winners from the 2009 draw will not be announced until summer 2010.

Looking for a job on a tourist visa is okay. Make sure he leaves before his I-94 time's up. Even if he does find an interested company, it could be quite some time before they are able to bring him over to work for them.

Beyond that, the idea of working for his company from NY has some merit if they'll open a branch office here. They'll be expected to invest some money and eventually employ some people thoguh -- it can't be a one-man band.


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## cbringuez (Jan 26, 2009)

b) He can apply for jobs and hope to find an emnployer willing to sponsor an employment based visa. Entry deadline April 1, kind of a lottery, if visa is granted he can start work in October.

Regarding "b" do you have a link or know the name for this visa? Thank you for all your help!!


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## Fatbrit (May 8, 2008)

cbringuez said:


> b) He can apply for jobs and hope to find an emnployer willing to sponsor an employment based visa. Entry deadline April 1, kind of a lottery, if visa is granted he can start work in October.
> 
> Regarding "b" do you have a link or know the name for this visa? Thank you for all your help!!


H1b.
................


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## cbringuez (Jan 26, 2009)

So he can only apply for that if he already has a job offer correct? Are there any other types he could apply for that do not require a job offer to submit an application besides the diversity lottery?


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## Fatbrit (May 8, 2008)

cbringuez said:


> So he can only apply for that if he already has a job offer correct?


Yes




cbringuez said:


> Are there any other types he could apply for that do not require a job offer to submit an application besides the diversity lottery?


Self-sponsorship for an immigrant visa is certainly possible. But you need to be #1, and I mean #1. Tim Berners-Lee might make it whereas a humble web designer would not.

Surprisingly enough, you don't have to be #1 at anything specific, just #1. I've read of a guy who made doll houses who did it and a guy who was a prize-winning fish fryer.


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## cbringuez (Jan 26, 2009)

Ok... while I have a lot of confidence in boyfriend, I do not think his industry really has a #1. So at this point he has 2 options... come for the 3 months and job search hoping to find a company that will hire him, or marry me (an option we really did not want to come to yet). Is it difficult for foreigners to get a visa sponsorship? My boyfriend has skills that are in high demand. Are there any companies that have a reputation for hiring foreigners or head hunters that specialize in foreign placement? Thank you for all your help... it is GREATLY appreciated.


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## twostep (Apr 3, 2008)

cbringuez said:


> b) he can apply for jobs and hope to find an emnployer willing to sponsor an employment based visa. Entry deadline april 1, kind of a lottery, if visa is granted he can start work in october.
> 
> Regarding "b" do you have a link or know the name for this visa? Thank you for all your help!!


h1b usisc


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## twostep (Apr 3, 2008)

cbringuez said:


> So he can only apply for that if he already has a job offer correct? Are there any other types he could apply for that do not require a job offer to submit an application besides the diversity lottery?


Only an employer can apply/sponsor an H1B.


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## Bevdeforges (Nov 16, 2007)

cbringuez said:


> b) He can apply for jobs and hope to find an emnployer willing to sponsor an employment based visa. Entry deadline April 1, kind of a lottery, if visa is granted he can start work in October.
> 
> Regarding "b" do you have a link or know the name for this visa? Thank you for all your help!!


The H1B lottery deadline for the April drawing was last December. And it's the employer who enters you in the lottery. The results become available online in July - and you then can move over starting in October if you're lucky enough to "win" the drawing.

What your bf may want to do is to try finding some jobs to apply for online or by snail mail now, saying in his cover letter that he is planning on being in the US and available for interviews in the August/September time frame. He should plan on going back home after a 1 or 2 month "visit" and if he has managed to interest an employer in hiring him, that would be about the right time frame to get entered in next year's H1B lottery. (Applications open in October and close in December 2009 for the 2011 lottery.) Earliest he could then move over to the US to start work would be fall of 2010 - assuming his number comes in.
Cheers,
Bev


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## Fatbrit (May 8, 2008)

Bevdeforges said:


> The H1B lottery deadline for the April drawing was last December. And it's the employer who enters you in the lottery. The results become available online in July - and you then can move over starting in October if you're lucky enough to "win" the drawing.
> 
> What your bf may want to do is to try finding some jobs to apply for online or by snail mail now, saying in his cover letter that he is planning on being in the US and available for interviews in the August/September time frame. He should plan on going back home after a 1 or 2 month "visit" and if he has managed to interest an employer in hiring him, that would be about the right time frame to get entered in next year's H1B lottery. (Applications open in October and close in December 2009 for the 2011 lottery.) Earliest he could then move over to the US to start work would be fall of 2010 - assuming his number comes in.
> Cheers,
> Bev


Corrections for highlighted.

The filing deadline for H-1B visas for Fiscal Year 2010 is April 1, 2009.

This is the diversity visa lottery, not the H1b.


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## cbringuez (Jan 26, 2009)

So even if he receives a job offer for a company in august-october the employer would have to file the H1B in April... so there is no opportunity in any way at all for him to work in the US until fall 2010? That seems crazy. I had no idea that companies could only file for visas once a year as well...


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## Fatbrit (May 8, 2008)

cbringuez said:


> So even if he receives a job offer for a company in august-october the employer would have to file the H1B in April... so there is no opportunity in any way at all for him to work in the US until fall 2010? That seems crazy. I had no idea that companies could only file for visas once a year as well...


There are other methods besides the H1b. However, they are not common.

With a masters degree, he could qualify for an immigrant EB2 visa given a suitable job with sponsor, and there's no wait in that category at the moment. But the company would still spend $$$ and wait a year (give or take) to bring him over as they push the pieces of paper around. As I said, it's not common and they have to really want him.


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## cbringuez (Jan 26, 2009)

Well thank you everyone for responding... basically he has no chance of coming here before next fall. Even if marry him he can not work for a year. I never knew it was so difficult for someone talented and well educated to move to another country. Guess I have to go back to my original plans... me moving there.


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## synthia (Apr 18, 2007)

I see you have already moved over to the France forum, where Bev can give you the lowdown. I'm afraid France might be even more difficult.

We have lots of extremely well-educated and talented American citizens and permanent residents who are unemployed or doing 'survival jobs'. The incentive to bring over someone from another country is minimal.


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## Fatbrit (May 8, 2008)

cbringuez said:


> Well thank you everyone for responding... basically he has no chance of coming here before next fall. Even if marry him he can not work for a year. I never knew it was so difficult for someone talented and well educated to move to another country. Guess I have to go back to my original plans... me moving there.


Marry him next week and file the I-130 for a CR! immigrant visa. He should be entering the US with permission to live and work here before Xmas 2009 if all goes well.


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## Bevdeforges (Nov 16, 2007)

Fatbrit said:


> Corrections for highlighted.
> 
> The filing deadline for H-1B visas for Fiscal Year 2010 is April 1, 2009.
> 
> This is the diversity visa lottery, not the H1b.


OK, my bad - finding lottery information of any sort on the USCIS website can be tricky (especially late at night when I'm normally doing this stuff). But given that it's the employer who does the filing, you kind of have to have a job in the bag well before April 1st. 
Cheers,
Bev


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## cbringuez (Jan 26, 2009)

Well marrying him next week really is not an option at all. And finding a job before April 1st (less than 2 weeks) really is not possible either. So even if I marry him when he comes in August we have to wait an entire year before he can work?


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## cbringuez (Jan 26, 2009)

Also... what is the diversity visa lottery? I know of the green card lottery that does not start taking applications until October... Is the visa lottery on the same timeline? does he need a job offer to apply for the visa lottery or is it just like the greencard lottery, just for a visa?


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## Fatbrit (May 8, 2008)

cbringuez said:


> So even if I marry him when he comes in August we have to wait an entire year before he can work?


A little less, perhaps.


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## Fatbrit (May 8, 2008)

cbringuez said:


> Also... what is the diversity visa lottery? I know of the green card lottery that does not start taking applications until October... Is the visa lottery on the same timeline? does he need a job offer to apply for the visa lottery or is it just like the greencard lottery, just for a visa?


There the same thing. Diversity visa lottery is the official name of the green card lottery. He doesn't need a job, nor does he need an employer to petition him.


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## cbringuez (Jan 26, 2009)

I thought they were the same, just wanted to confirm. He is definitely applying for that. We have noticed online that there are several companies that handle the paperwork for you, they state that this is recommended as many applications are rejected because they are filled out incorrectly. Do you recommend using one of these companies or are most of them scams?


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## Bevdeforges (Nov 16, 2007)

cbringuez said:


> I thought they were the same, just wanted to confirm. He is definitely applying for that. We have noticed online that there are several companies that handle the paperwork for you, they state that this is recommended as many applications are rejected because they are filled out incorrectly. Do you recommend using one of these companies or are most of them scams?


Absolutely NOT! Stay away from those guys like they had the plague.

There is no fee from the US government to enter the diversity lottery, and if you win there is only a nominal fee for the visa (around $100 - or so). If you can't follow instructions for filling out the lottery application you probably don't really belong in the US  - and if they find that you've "inadvertently" applied twice (which is a trick many of these companies pull - thinking that "improves your chances"), they'll toss you out of the lottery altogether.

If you have any doubts, read the Federal Trade Commission warning: Diversity Visa Lottery: Read the Rules, Avoid the Rip-Offs

Cheers,
Bev


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## Fatbrit (May 8, 2008)

cbringuez said:


> I thought they were the same, just wanted to confirm. He is definitely applying for that. We have noticed online that there are several companies that handle the paperwork for you, they state that this is recommended as many applications are rejected because they are filled out incorrectly. Do you recommend using one of these companies or are most of them scams?


Enter the lottery @ Electronic Diversity ONLY! The page will wake up again in the fall provided the lottery goes ahead -- congress have discussed ditching it several times recently but not actually done it yet. Don't use any other site.

It costs nothing to enter. If you're selected and go ahead and apply for the visa, the bill by the time you get to the end will be of the order of $2k.


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