# Unsure that I have received sound advice from an immigration lawyer.



## Scot1984 (Sep 16, 2012)

Hi all

I have recently consulted an immigration lawyer, to try and find a way to get a work permit/visa to work as a contractor in the US. I am not sure if they have given me the truth, or they are just trying to confuse me enough, so that I'll get off their back, now that I have given them almost three grand. I just wanted to put forward my situation on here, to see if there actually is a way forward or I have just been taken for a ride. The main relevant points regarding my current situation are as follows..............

1) I am a professional contractor/(UK) Ltd company owner specialising in semiconductor CAD design. This line of work is internationally standard.

2) I have the equivalent of a US "Associate's degree" and 10 years experience.

3) I have around £140,000 in the bank to cover initial expenses and prove that I am self sufficient.

4) I have no criminal record, illness or communicable diseases

The story I was given by the lawyer was that I basically need to create a US based business first, spend money on renting office space, create a five year projection for the company and find a board of directors to separate myself from my company, then sponsor myself for an H1B. The alternative option was for an E2 visa, which would require me to hire employees.

I just found it strange that I would need to create a business before getting permission to actually run it, or in the case of plan B, commit to hiring employees, when I have no idea when I would be in a position to hire employees. Both options I was given required a great reliance on other people, and spending a considerable amount of money, without knowing if I would even get permission to work.

Is there anyone on here that could put forward some advice please?


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## BBCWatcher (Dec 28, 2012)

That "create an H-1B" idea is...odd at best. It's severely quota limited anyway. I'm hard pressed to think how that would work, legally.

If there's a highly motivated prospective employer that would like to secure your talents, that's one possible route. That's the most typical route, in fact. (There are a couple visa classifications that may apply, and one of them is H-1B. But it's a real employer sponsoring you.)

The E-2 is another possibility, yes. Keep in mind that if your business craters and/or doesn't meet minimum immigration standards -- and that can certainly happen -- you're shown the door. It's also not cheap, so you could quite easily lose your shirt.

With a semiconductor CAD design specialization I'd think I'd start with large, multinational employers. Companies like Intel, IBM, GlobalFoundries, Samsung, Apple, and many others that perform that kind of work in the U.S. and also, in many cases, in the U.K. You might start in the U.K. with the understanding that the employer will transfer you for a stint in the U.S. after, say, two years.


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## Davis1 (Feb 20, 2009)

Pick a visa 


There are basically NINE ways that you can get a visa to live and work in the US: 

(1) Marriage (or engagement in anticipation of marriage) to a US citizen. 

(2) You have skills that are in short supply in the US e.g. scientific or medical training. A degree is normally a must. Or you have superior specialist skills with at least 12 years experience. (H visas)applications next received on 1st April 2015 for an Oct start

(3) You have an Employer who is willing to transfer you - but even the employer has to make a good case for you - so you have to be a manager unless you fall under category (2) above.(L visas)

(4) You may get a Green card in the diversity lottery (UK citizens, except N.Ireland, are not generally eligible unless you, your spouse or parents were born abroad or held a different citizenship.

(5)You own or buy business (does not get you permanent resident status i.e. no green card)You must be a national of a qualifying Treaty countries. The business must have a minimum value of around $150k (more the better) bearing in mind you will need somewhere to live and with any startup business you will need at least 2 years living money as back up. So a figure of $350k would be a nearer minimum (E-2 visas)

(6)You are an "investor" i.e. you have at least US $1m in assets to bring with you. half of that in a few areas. And your background will be investigated to the hilt. (EB-5 visas)

(7)You have a close relative (mother, father, brother, sister and no further) who is an US citizen who would sponsor you, approx time this take 2-12 years?

(8.The R1 visa is available to foreign members of religious denominations, having bona fide non-profit religious organizations in the U.S., for entering the U.S. to carry on the activities of a minister or religious worker as a profession, occupation or vocation

(9)THE UNUSUAL You are in a position to claim refugee status/political asylum. or You get a member of Congress to sponsor a private bill with legislation that applies just to you. 
The S visa issued to persons who assist US law enforcement to investigate and prosecute crimes and terrorist activities such as money laundering and organized crime


Recruitment agent will not take you seriously if you are not already in the US. Writing for jobs is really a waste of time; likewise US employers have no idea what foreign qualification are or mean (except Degrees) it may pay you to get your qualification translated into a US equivalent, there are Companies that do this (World Education Services - International Credential Evaluation Expertise) .. 
But if you are getting a visa under (2) above then you need a job offer before you can get the visa. Your Employer will be your sponsor this will cost them upward of $5k. So you can see you have to be offering something really special to get considered They may also have to prove to the Dept of labor that there is no American who can do the job if the position is to be permanent ©
DO NOT USE VISA CONSULTANTS


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## caroleinsarasota (Feb 19, 2015)

Scot1984,

I would support what Davis1 says...someone I know told me he has seen people spend up to $20k to get a visa and sometimes haven't even been successful. The rules are quite clear, it's just about working around those. Immigration lawyers can't change the rules for you


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## Scot1984 (Sep 16, 2012)

Thanks for this information folks. I guess, unless I win the lottery I will just have to wait until there are some drastic changes to America's immigration policy. The information I received from that visa consultant sounded incredibly risky, and legally questionable.

The H-1B situation always confuses me. The employers and recruiters I have spoken to in the past don't even want to know you unless you have an H-1B, but in order to get an H-1B in the first place, an employer must sponsor you for one......?


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## caroleinsarasota (Feb 19, 2015)

Do you know you can apply for a B2 tourist visa that will get you 6 months in every 12 months out there for the next 10 years? You can't work there, but depending on your circumstances, at least you would get to spend a lot of time there. I'm planning on spending October to March there every year...


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## Davis1 (Feb 20, 2009)

Scot1984 said:


> Thanks for this information folks. I guess, unless I win the lottery I will just have to wait until there are some drastic changes to America's immigration policy. The information I received from that visa consultant sounded incredibly risky, and legally questionable.
> 
> The H-1B situation always confuses me. The employers and recruiters I have spoken to in the past don't even want to know you unless you have an H-1B, but in order to get an H-1B in the first place, an employer must sponsor you for one......?


did you see a consultant or a real AILA lawyer ..its a big difference
it can cost an employer $5k-$10k to employ an alien .....


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## Scot1984 (Sep 16, 2012)

caroleinsarasota said:


> Do you know you can apply for a B2 tourist visa that will get you 6 months in every 12 months out there for the next 10 years? You can't work there, but depending on your circumstances, at least you would get to spend a lot of time there. I'm planning on spending October to March there every year...


Thanks for that Carole, I never knew such a visa existed. I'm not sure I could afford to take as much time off work, as I have been holding off buying a house in the event that I could get a US work visa. It's definitely better than the typical 3 month visa waiver.


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## Scot1984 (Sep 16, 2012)

Davis1 said:


> did you see a consultant or a real AILA lawyer ..its a big difference
> it can cost an employer $5k-$10k to employ an alien .....


I had a consultation at Hodkinson Law Group in London. I think their suggestion was that I sponsor myself after setting up a company in the US. It was recommended that I add a board of directors as a means of distancing myself from my own company.


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## Davis1 (Feb 20, 2009)

Scot1984 said:


> I had a consultation at Hodkinson Law Group in London. I think their suggestion was that I sponsor myself after setting up a company in the US. It was recommended that I add a board of directors as a means of distancing myself from my own company.


yes ...they are well known 

although I dont like their suggestion ..seems to be tainted proposition


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