Visa Clarification - EB-3?

Hi folks,

Did my level best to dig through as much content on the forums here as I could and did as much searching on the net as possible to try and find my answer. You guys seem extremely helpful and friendly, so thanks in advance for taking a minute to look over my question. Basically, let me describe my situation.

I'm 21 and a Canadian citizen. I have a high school education and a diploma from a small technical institute in Vancouver--it isn't a degree unfortunately. I am considering some time in the next year or so moving to Los Angeles where some friends of mine live to work and possibly attend further education there. I work in a retail sales position for a multinational company, and could likely arrange a transfer to a location in LA, though as I am in the preliminary stages I have not looked into whether or not they would be able to 'sponsor' me etc. My job does not necessarily require specialized training obtained through post secondary education per se but I have worked in the field for five years, so I am experienced.

I have been trying to figure out my options as far as visa and immigration requirements are concerned, and it appears to me that might not fit any of the qualifications. I know one option is that if I attend school in LA, I can likely get a student visa no problem, the only issue being that really doesn't work out financially as there is very little work on my desired school's campus. Sadly, I simply cannot afford to pay for tuition and living expenses for a year or two out of pocket--I need to support myself while there.

However, if education is put aside, I am trying to look at other options that I may have in regards to green cards/immigration/work visas. I do not qualify for a TN or H1-B visa. From what I have gathered, the only status I appear to qualify for is the EB-3 or, pending a job offer from an American branch of my employer, an employment-based green card, but I don't know if I qualify as a skilled, or unskilled worker. As I said, my job does not require specific post-secondary training but it does require relevant experience and I have worked in the field for five years.

Can anyone clarify for me what exactly is defined as a skilled or unskilled worker as a requirement of the EB-3 or green card, and any other information they might be able to provide? Is there some sort of ludicrous wait time or something? In addition, if anyone can provide me with any other helpful insight as to options I might have I would really appreciate it.

Thanks all in advance for the help!

I honestly don't think retail sales position qualifies for any sort of work visa unfortunately. As you said, it doesn't require a post secondary eduction, and I hardly think even 5 years experience would get you a visa either. Even an intra-company transfer wouldn't be likely for retail.

EB-3 is a employment-based green card (permanent residence) where your employer is required to sponsor you. You need to have a bachelor's degree to qualify. Also, the company needs to do a labor certification (to prove that there are no Americans who are able to perform the job). Based on what you've said, you probably would not qualify for an EB-3 green card.

There is an intracompany transfer visa, the L-1 visa. These visas are for either managers/executives that are being transferred to a US office, or for people with highly specialized knowledge (sort of like the H-1B). I don't think you'd qualify for this either for a retail position.

If you want to work in the US temporarily, look into the J-1 visa offered through SWAP.

If they have a US office, then the one to go for is L-1B, which requires "specialized knowledge" - this does not mean a degree, it means knowledge specific to that company that someone hired off the street would take time to get. I know someone who got L-1B who has never stepped foot in a college.

I had an L1B with no college, but do you really thing an L1B would be given to someone who's job is retail sales?

Probably not, but it depends how "specialized" it is, if you have specific knowledge of their inventory system or something like that and you are the manager of the shop dept. with say, five employees you might get it. I think the real problem would be getting them to file the I-129, because I doubt they'd want to.

It's the only option I can think of, the only other one would be H-2B which is hard enough under normal circumstances and next to impossible given the current job market in the US, plus it's only valid for one year.

But anyway, there aren't really any good options per se.

Thanks a ton for your help guys.

My position, while retail, is significantly more specialized than your average retail position--I'm not selling t-shirts or anything. I'm still not sure if I would be considered specialized enough for the L1-B, but I suppose that's up to them to decide and not me.

I took a quick (okay, not so quick--the form is huge) look over the I-129 form, and in addition to being incredibly convoluted, you're probably right that it would make very little sense for them to move me to a location in the US, being that the company has to pay a $500 fraud prevention fee. While my position is specialized, it's not specialized enough that they need to bring anyone in from out of country.

I really appreciate your help, though. You guys are awesome, I've bookmarked the forum. Thanks again!