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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105593
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a visitor visa and its valid for two years. Then I

Customer Question

Hi, I have a visitor visa and its valid for two years. Then I want to work here in the US but I can't coz I should have a work visa. How can I apply for work visa and how long will it takes please?
Thanks
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello! My name is***** and I am a licensed attorney with more than 14 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.

This is VERY difficult. There are too many U.S workers unemployed and they don't want jobs going to foreign workers when there are U.S. workers available. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

What country are you from? What level of education do you have? When does your stay in the U.S. expire? You may have to wait outside to get the worker visa.

Customer: replied 1 month ago.
I'm from Australia but I'm a New Zealand citizen. I have a high school diploma and my visa will expire on July 22 2018.Thanks
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

The less education that you have, the harder it will be to get a worker visa to be in the U.S. I will explain that option in a moment, but it's not your visa expiration that I am worried about. Are you currently in the U.S.? If so, when does your stay expire?

Customer: replied 1 month ago.
I understand but are there any other options for me please? No I'm in Australia but I'm planning to go in two weeks.Thanks
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

The H-2B is a possibility. 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, 2017 to start working on October 1, 2017 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

If you can fit as a special occupation professional, you may be able to get an E-3 visa as an Australian. Here is a link:

https://www.uscis.gov/working-united-states/temporary-workers/e-3-certain-specialty-occupation-professionals-australia

Unless you have $100,000 or more to invest, there really aren't any other reasonable options through work. You could come and study and get an education and then later get a professional visa that way.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 month 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 1 month ago.

Thank you for your kindness and respect. Good luck to you.

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