1. Business, Working
Q. We are 19 years old and we both live in the UK. We want to work in Colorado for the ski season (6 months). We have jobs waiting for us. They are cleaning jobs which will pay for our rooms/food/spending money. We have funds for the return flight. The employer wants us to have work visas. How do we do this?
A. It is difficult to get a work visa in the US unless you can prove there are no US workers available to do the job. With the situation you describe, you will not be able to get working visas. If the consul believes a person is coming to work, no visitor visa will be issued. Being from the UK, if you can save enough so that you do not have to work, then you can come here with a visa waiver and stay for 90 days.
Q. Are summer jobs available in the US for students?
A. Some jobs are available for camp counselors, restaurant waiters, summer resort workers, and others. Contact the Council for International Education Exchange (CIEE) http://www.ngws.org/service/groups/countrav.htm or the US Information Agency (USIA).
Q. If someone came to the US with a visa waiver, can he change to another kind of visa while here or extend his 90 day visit?
A. A person cannot change in the US to another visa if they entered with a visa waiver. (Exception: if the person married a US citizen then they could apply for a green card here even with a Visa Waiver.) If someone had the required university degree and a firm job offer from a US company while here, they could arrange for an H1 work visa then go back to the home country to apply for the H1 visa from the US consul. If the person had entered with a B2 tourist visa, they could apply to change to another visa while still in the US.
Q. I have a Bachelors degree in Business Administration. Now I am working at a car rental company as an operations manager. I would like to apply for an H1-B visa. Am I qualified?
A. If the employer can show that in the car rental industry an operations manager usually requires at least a bachelor degree to qualify for the job, then you can qualify for an H-1B visa. If you are in legal status and if the H-1 is approved, you can change to H1 status here. If not in legal status, then you have to pick up the visa outside the US. Here is a word of caution: a person who has been in the US and has been out of legal status for more than 6 months can be barred from re-entry to the US for several years.
Q. In regard to getting an H-1 visa which is needed to return to the US, is it possible to get this visa while in the US? If not, is it possible to get it from the US consulate in the Bahamas?
A. The visa must be applied for outside the US. The US Consul in the Bahamas does not accept applications unless the person resides in the Bahamas.
Q. I have an H-1B and want to work for a different employer. Can I change jobs then submit the new H-1B papers for the new employer?
A. All H-1B papers are submitted by the employer. The new employer must prepare and submit the papers for the transfer BEFORE you change jobs.
Q. I was born in Spain and can buy a Children's Day Care business for $80,000. We would like to buy it and work in it. Is there a way to do this?
A. There are two visas that allow working in the US by investing. One requires an investment of at least $500,000. The other can be a smaller investment. This is a Treaty Investor visa (E-2.) The US and Spain have a treaty that allows a Spanish investor to buy a US business then come to the US to manage that business. The E-2 visa is for an indefinite time. As long as the investment exists, the visa can be extended. About 100 countries have treaties with the US that allow their citizens to apply for E-2 investor visas.
There is no minimum amount for an E-2 investment but it must be satisfactory to the Consul. A very small investment is not likely to be approved for a visa. The required amount is mostly determined by two questions: is the investment amount large enough to more than support the investor and family and, is the investment significant to the business. An investment of $75,000 in a small motel with a total value of $150,000 may be satisfactory while the same $75,000 may be not enough if invested in a business worth $500,000.
Financial data about the investment, the source of the funds, about the business, about the expected earnings, etc. must be submitted. If approved, E-2 visas are issued to the investor and family.
Q. I'm in the process of changing my visa from F-1 (student) to H-1B (professional work visa) but it is taking to long and my permit to work expires in a month. My boss told me that if I don't get my H-1B by the date, I'll be off the payroll. Is there a way I can file for a work extension or do something before I lose my job?
A. If your Practical Training will end before the H1 is approved, you will not be authorized to work. Practical training cannot be extended past the one year limit. In some years when H-1B visas have been used up, an extension of student status was allowed until visas again become available.BR>