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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 110272
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I have recently applied role in Florida. I am a British

Resolved Question:

I have recently applied for a role in Florida. I am a British citizen. if successful in my application and I am offered a role, what type of visa is most likely to be applied for.
I have 15 years' experience in the Wound Care sales and marketing arena. I also have a BSc and MSc.
Also please explain the length of the process and whether or not I am able to work in the USA while an application is in process?
many thanks for your help,
Paul
Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years 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.
Sorry for the delay. Looks like there were no experts logged on until now. You have the equivalent of a U.S. four year bachelor's degree? The job that you have been offered, does it require at least a bachelor's degree?
Customer: replied 2 years ago.
I have equivalent of a US Bachelors degree. Plus a masters degree.
The post requires a degree, plus at least 7 years wound care experience and they have stated that a masters qualification would be desirable.
Expert:  Guillermo Senmartin replied 2 years ago.
It seems that you are eligible for an 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 Unfortunately, you would not be able to work in the U.S. while the application is pending. If it is cap-exempt, you can do Premium Processing (paying an extra $1225) to get a decision within 15 business days. If you are not cap-exempt, then you cannot begin working until October 1, 2016. Another option is the J-1, but be careful with that one because many of those require the person to go back home for at least 2 years before they can get Residency or some other statutes. Here is link: http://j1visa.state.gov/programs/ You could also skip getting a non-immigrant visa and have an employer file directly for you to get a U.S. Lawful Permanent Residency (green card). At this point in time, in EB-3 category, there is about a 2 month wait before you can use that to get a green card. In EB-2 category, there is no wait, just processing time of approximately, 4 to 6 months, though some categories allow for Premium Processing as well. Here are the links to the EB-3 and EB-2: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3 http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2 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.
Customer: replied 2 years ago.
Thanks for your help. I'm still unclear as to which route to follow. I was aware of all types of visa before our communications.We would like to be in the USA ASAP. Is EB 2 likely, given the role, qualifications etc ?
Expert:  Guillermo Senmartin replied 2 years ago.
You meet the requirements for an advanced degree, but the job that you use to get a green card has to require either a bachelor's degree equivalent to yours (for the EB-3), or an advanced degree equivalent to your (EB-2). So EB-2 is a good possibility if everything matches. Like for example, if the job requires just a bachelor's degree, it cannot be used to get an EB-2, only an EB-3. If the job requires an advanced degree in X, but your advanced degree is in Y, that similarly would create a problem. So it really is based upon what traditionally that job requires and then you try to match up your degree or degrees to that job. Let me know if you need anything else, but please do not forget to rate me positively. 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. Thank you!
Customer: replied 2 years ago.
Just to clarify. If the role requires an advanced degree plus 7 years specific experience will that be an EB 2?
Expert:  Guillermo Senmartin replied 2 years ago.
No. Advance degree means a master's level degree or higher (meaning that the job has to require that) and the candidate has to have a master's degree or the equivalent of a 4 year bachelor's PLUS 5 years or PROGRESSIVE experience in the field. Let me know if you need anything else, but please do not forget to rate me positively. Thank you!
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