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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105668
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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How do I get a proper work visa USA? I work in the oil patch

Customer Question

How do I get a proper work visa for the USA?
I work in the oil patch and have had a visa already but, I want to renew it or file for a better one before it expires shortly.
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

What level of education do you have? What country are you from?

Customer: replied 10 months ago.
I have a SAIT diploma with a petroleum tech /production major. I graduated in 1990 and have worked for schlumberger for 14.5 yrs,(cement, fracturing, acidizing, n2, CO2, etc). I also spent time in the office/lab there too. I then went on to working for two other service companies as a frac manager and senior builder. I also spent 3 years as a field, gas plant, oil battery operator. The last 6 years has been as a fraction specialist, management consultant and completions consultant for a few well renowned oil companies
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Sorry for the delay in responding. I signed off to go to dinner. Anyway, IF the diploma and your experience are equivalent to a U.S. bachelors, degree, you may be eligible for the H-1B visa. You need to get a job offer. The job offer must be for a company that is offering a position that is related to your degree and experience. The position must normally require a bachelor's degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay you what is normally paid to someone in that position. Also, because they are used up for this year, you will need to apply on April 1, 2016 to start working on October 1, 2016 or later. The exception is if you apply for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.

Here is an official link to the H-1B:

http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models

If your education and experience do not reach the equivalent of a U.S. bachelor's degree, you have the H-2B visa available. For an H-2B worker visa, it is expensive and difficult to get because the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because they have a job for you. This is to prove that you would not be taking a job away from a U.S. worker. Here is a link:

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers

Also, because they are used up for this year, you will need to apply on April 1, 2016 to start working on October 1, 2016 or later. Here is a link in regards ***** ***** H-2B cap

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants

And finally, if you are Canadian, you may be able to obtain the TN visa if your position is within the TN professions list. Here is a link:

http://canada.usembassy.gov/visas/doing-business-in-america/tn-visas-professionals-under-nafta.html

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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