Obtaining US Work Visa/Permit WITHOUT Employment Offer?

[ashleigh]

So, here is my situation. My friend and I are interested in working in the States for a temporary period of time. However, after researching online I am finding it difficult for Canadians to obtain any kind of work permit without an employment offer. We don't want to be restricted to one company through the TN visa and from what I read I don't even think either of us would qualify even with an employment offer. Basically as cliche as it sounds my friend is interested in getting involved in the entertainment industry in the States and I am willing to tag along to support. I would be looking for basically any kind of work, whereas obviously she would be a little more specific, but not picky (heck an actress will take what they can get). We really just want to be able to move there and job hunt like we would any other city here in Canada. Obviously it is proving to be difficult so we are searching for the easiest way in.

Here is our rundown:
Me:
26 y/o female
Post secondary with a bachelor of applied business (hospitality)
Canadian born and citizen
Currently have a SS# that says it requires INS authorization (worked in the states previously through a specialized Q1 visa)

My friend:
26 y/o female
NO post secondary (well actually 1 yr, but never completed)
Hungarian born and citizen
Canadian citizen
Does not have a SS# or has ever worked in the States prior

I have read up on TN & H1-B visas, as well as even tried to see if we could just get an EAD since we really are only interested in moving there on a temporary basis. However, I am finding that none of these seem to apply to us. I am reaching out here to see if I am maybe missing something that someone else knows, or to just confirm if this is something that we really can't pull off. I hope I included all information needed to help us asses our chances. I appreciate ANY help at this point. I look forward to reading any responses. Thanks everyone!

Ashleigh

[Reba]

Work visas to the US are not possible without a US job offer I'm afraid, they don't have the skilled worker points system like we do in Canada.

If your friend wants to be an actress, she'll have to start out in Canada, get a few ACTRA credits under her belt, and then just wait for a US production to "discover" her. There's really no better (or legal) way to do it.

Even Evangeline Lily (LOST) was almost denied her work visa to the US, USCIS didn't consider her experienced enough. At the last minute they approved it, and she flew down the same day she was to start shooting.

The entertainment industry is difficult to get started in anyway, nevermind having to deal with immigration as well. I strongly suggest that she consult with a local talent agency in Canada, get established, and then see what happens. (Toronto or Vancouver probably the largest entertianment markets in Canada) It's not so simple as to go to Hollywood and wait tables for a while until you spill some coffee on some studio producer who then decideds you're wonderfully funny and puts you in his next Beethoven movie.

[ashleigh]

Hi Reba!

Thanks for the response! I was discovering exactly what you said in my research that basically someone from Canada just can't hop down there and give their hand at finding a job. However, deep down I had hoped that maybe someone had a different answer. Thanks though for confirming my research! I do however have a different question now then. Without a degree, is it possible to qualify for any kind of US work visa that you know of? Because, if the issue is a job offer then obviously we are ok with applying and attempting that way. But, what I am discovering is that my degree does not fit under any of the categories of the TN Visa and she obviously has no degree at all. Is there any visa out there that I maybe have missed that we would qualify under? I have read up on the TN Visa, H1-B Visa and even the O1 Visa but I can't seem to find any category that we would fit under with any of those visas.

Again, thanks for your response and any other help. It's just frustrating because it feels like you hear about people doing it all the time (moving from Canada to the US) and I can't imagine that all of those people have degrees or fit under some special category. But I can't seem to find any evidence of other ways.

Thanks so much,

Ashleigh

[axolotl]

For the TN and H1-B visas you need a bachelor's degree (there are a few TN occupations that don't require degrees but do require extensive work experience in the field). I'm sure you've looked over the TN occupations already; if you don't think you would qualify for any of those jobs based on your qualifications your only other option is the H1-B. There is, of course, a cap of 65,000 visas issued per year so the odds of getting an H1-B are fairly slim. And, of course, you need a job offer for the H1-B as well.

O-1 visas are for people of extraordinary talent who have made a name for themselves both in their native country and internationally. You might want to visit Artists from Abroad (I can't post the link, but you can do a Google search) which has some useful information.

If you do obtain a job offer in the States and it's not under a TN classification you could look into getting a J-1 visa through SWAP. It's only good for up to one year, though (without the possibility of a renewal). Unlike with the H1-B your employer doesn't have to sponsor you for the work permit, it's all done through SWAP and its partner organization in the US. Do a Google search on "USA Internship SWAP" -- it's the first link that shows up in the search.

[SarniaGrl]

Your friend is a Hungarian citizen? Have you checked into the Diversity Lottery? Here is a link to the info page, it may be something she can throw her name into for 2011.

http://www.uscis.gov/portal/site/uscis/ ... f3d6a1RCRD

[Steven]

Usually how it works is you get an O-1 entry, which requires you to be "outstanding" in your field. The studio or whatever applies for it, requires substantial proof.

If you're going down there simply to perform (e.g. a theatrical production doing performances in the US) then it's P-1, which requires membership of the relevant union.

I don't think you can apply for the DV lottery unless you actually live in the country where it's held, in this case Hungary. And the odds of getting it are slim anyway.

[ashleigh]

thanks so much everyone for all the replies! i really appreciate all the support everyone has shown. as far as h1-b visas go i'm still finding the same issue (the need for a degree and the need to fit into a particular work category). i have also looked into the visa lottery for her, because it just excludes people who were born into particular countries, so it appears she qualifies. though, like someone said (i think steven) it's a slim chance anyway. i forget who sugested the j visa but thank you, it appears that at this point that may be my best bet! though, that leaves my friend in the cold. i'm happy to know though that it is still a possibility that i can follow through in the future should i want it. i'm still going to explore all my options though, cause this is really something we wanted to do together. bascially just go, live, have fun, and come back to canada. so, i'm still open to suggestions and insight. but thank you so much to everyone who has provided help thus far! i really do appreciate it!

ashleigh

[Steven]

This has all the info on the lottery: http://www.travel.state.gov/pdf/T1026V-DV-2010bulletin(3).pdf