H-1B

done_with_calgary
New Member



Joined: 20 Feb 2008
Posts: 2
Location: Calgary

Posted: Wed Feb 20, 2008 7:01 am

 

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Hello,

I am trying to get more insight into the occupations acceptable for H-1B visas. Most information I found says the qualifiers are "elusive"

I have looked through the TN occupations and am quite sure mine and my boyfriends occupations are too specialized. I have Bachelors in Fine Arts coupled with a Post grad Diploma in Cultural Resource Managment (muesums/restoration) and Diploma in Architectural technologies. My field of work would likely be at a museum or preservation organization, arts recreation program.

My boyfriend has a Bachelors in history but has for many years (8+) worked and specialized in vintage car/motorcycle restoration.

I am at a loss as to how we would ever qualify for either a TN or H-1B?

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1589
Location: Calgary

Posted: Thu Feb 21, 2008 11:10 am

 

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H-1B is pointless as you will gather if you read through the threads on here where it is discussed at length. Even if you do qualify for one, the quota is massively oversubscribed, and even if by some miracle you got one, it's only valid for three years and you can only renew it once.

If you don't qualify for TN-1, then you're looking at employment-based immigration as you don't qualify for an L-1 either by the sounds of it. EB-2 or EB-3 is your best bet I think. The problem if you don't qualify for EB-2 is the wait time for EB-3 and whether you can find an employer to hold the job that long. Maybe you can with museums, if your job is specialised enough and they really want you. The problem with the Labor Dept. certification is they have to basically not be able to find someone locally to do it for you to qualify.
_________________
Steve.

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done_with_calgary
New Member



Joined: 20 Feb 2008
Posts: 2
Location: Calgary

Posted: Fri Feb 22, 2008 2:01 pm

 

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Yes, I see the L1 is dependent on the US firm must be a parent company, child company, or sister company to the foreign company. (canada) So unlikely considering my fields of knowledge except for maybe an architectural firm.

I found this for the EB-2:

The EB-2 employment visa is an immigrant visa which allows foreign nationals holding an advanced degree to obtain residency in the U.S. You must be a foreign national who:

• Is a member of the professions holding advanced degrees or their equivalent; or

• Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.

There are sub-catagories A, B and C.

I guess the next step is to ensure I have the appropriate "evidence" in order to prove the qualifications either the "advanced degree" or "exceptional abilities".

The EB-3 (B type 'skilled worker') may actually work for my boyfriend as the kind of restoration/reapir he does is on a vintage motorcyle that you can't really train for anymore at an academic institution and is a "dying" skill in a sense.
He has already had several job offers so it's a metter of the emplyer wanting to do the paper work on their end.

thanks

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Sat Feb 23, 2008 1:06 pm

 

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For you: a curator is an H-1b occupation.

His is not, and it would be difficult to classify the work as EB-3 skilled worker. DOL would probably call him a motorcycle mechanic and classify it as EB-3 unskilled. (10+ year wait for this category)
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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