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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109672
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 am a chinese passport holder and have just qualified with

Resolved Question:

I am a chinese passport holder and have just qualified with a Masters degree .
How can I get a visa to work in USA
Submitted: 1 year ago.
Category: US Law
Expert:  Guillermo Senmartin replied 1 year 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.

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, 2017 to start working on October 1, 2017 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

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.

Customer: replied 1 year ago.
Thank you -yes I am aware of this visa but the real issue is that companies want you to have the relevant visa when you apply as they do not wish to have to do this work on behalf of the applicant . So how do you break the vicious circle ? In other words is there any way you can obtain a visa from USA Government prior to applying for a job . I suspect the answer is NO .
So my real question is -are there immigration specialists who can help with advice. There are many jobs available for people with my qualifications and as I would particularly like to work in Education ,you might suggest a route forward . Thank you .
Expert:  Guillermo Senmartin replied 1 year ago.

You are correct, the answer is no. Unless you are at the top of your field, internationally or nationally recognized, you cannot self-petition. You need an employer to petition for you. So are you at the top of your field?

Expert:  Guillermo Senmartin replied 1 year ago.

I will take your silence to mean that you are not at the top of your field. If you are, here is a link to the green card where you can self-petition:

https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

Even for an O-1 visa, you still need at least an agent to sponsor. Here is a link to that:

https://www.uscis.gov/working-united-states/temporary-workers/o-1-visa-individuals-extraordinary-ability-or-achievement

If not, then you will need to find an employer willing to sponsor you. I understand that the companies that you have approached are not willing to do so unless you already have the visa available. That just means you have to keep searching. There are companies out there. Of course, you may not end up working in the city that you preferred to work, but sometimes you have to sacrifice for the bigger picture. Here are some links to some websites that may be helpful:

http://www.indeed.com/q-H1b-jobs.html

http://www.monster.com/jobs/q-h1b-visa-sponsorship-jobs.aspx

http://www.h1visajobs.com/

If you are an educator, of course you need to look at schools, colleges and universities, but that has a benefit as well because you could apply for your H-1B at any time and not be subject to the cap/lottery.

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. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin and other US Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for the help. I'm sure I will find a suitable career .
Expert:  Guillermo Senmartin replied 1 year ago.

You are very welcome. Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!