Options/ Chances for working visa - aiming for permanent residence eventually

[Avl]

Hi,

I'm a 22 year old guy hoping to relocate to the US early 09. I hold an MSci degree in neuroscience and eventually would be working in an area relevant to my degree.

Im thinking about two possible ways to do this currently, the first is to apply for 1year work visas (can you indefinately apply for these until you're able to apply for permanent residency? i.e. can you work in the us for 1year on a visa and then apply for another 1year?) until im able to apply for residency at which point i'd do my phd. However i have no idea how long it takes to be considered a candidate for permanent residency?

The second option is to do my phd at a biotech company who i assume would sponser me for an employment visa, after which time i would then be able to gain permanent residency.

Ideally i'd like to enter under a student visa to do this before becoming resident however the international fees are far too steep.

Im really looking for opinions on what my chances are for being able to move to the US as after looking around it seems the requirements actually make it quite difficult which i hadnt anticipated!

[Rachel_Heath]

Hola Avl,

If you're planning on heading out here on either a study visa then you're looking at either an F-1 or M-1. These Visas have no annual cap and are pretty flexible and might be a good way to study for your Ph.D. I'm unsure what you mean about the International fee's being steep. The total cost (including expedited service) shouldn't come to more than $260. Or are you talking about the college education costs?

If however you're looking at coming in as a skilled worker then you're probably looking at the H-1B visa. These are 3 year extendable once work visa subject to a 65,000 annual issue cap (+20,000 advanced degree cap which is where you might possibly fit in). However, in 2007 the 65,000 cap was met on the April 2nd (the first date of issue ) and the 20,000 advanced degree cap was met on April 30th. This being the case I'm thinking your chances for an October 2008 date are extremely slim and you may have to wait until October 2009.

The H-1B is sponsored (and therefore fully paid for) by the company you'd be (hopefully) working for and is fixed to that company, so technically if you leave the business you're also expected to leave the country.

Once you're here you can then apply for the Green Card to give you your permanent residency.

Given your qualifications I'd imagine that you should find it easier than some others to meet the skilled worker rule, however the trick is still to find a company out here that will wish to not only employ and go through the whole Visa process but also be willing to wait for you to be able to stat working here.

This may sound like long odds but in reality they're not that long. 65,000 folk a year meet the criteria (and many more did but missed the cut off) so it's all very possible. However you do need to exercise patience.

If you require any more help then please holler!

[Bevdeforges]

The thing that makes it tricky to immigrate to the US these days is that you can't really apply for a "work visa" as such. In most cases, you need to find a job first. Your potential employer then petitions to have you granted a work visa when your visa application is matched up with the petition your employer has submitted. The petitioning process is not free for the employer, so they need to be convinced that you'll be worth the money they have to put out to get you your visa (and it's over $1,000).

And yes, the visa fees were raised recently (i.e. last summer) and are getting fairly expensive - probably to discourage folks from immigrating on a whim.

You might want to consider finding an international company with facilities near where you are, as well as in the US. It can make matters go much more smoothly if you can swing an inter-company transfer, or if at least the local office can have the chance to meet you and convey their impression of you back to the US while they are making their hiring decision.
Cheers,
Bev

[twostep]

You missed the cut off for H1B 2008 which means a potential employer can request it in April 2009 with a target start date of October 2009. H1B can only be applied for by an employer. One of the stipulations - he cannot fill the position with someone authorized to work in the US and he has to proof it.

F1 student visa requires amongst others proof of readily available funds for tuition, cost of living plus unforeseen occurances for the first year plus sources of funds for the rest of your anticipated time.

M1 is unflexible. You have a given time frame to finish your studies, cannot change your direction or facility. Yes, you can work to an extend on campus.

My question - why do you want to finish your education in the US and at which institution? Does your school have connections to one in the US? Is an exchange program in place? Otherwise you will have to go through the complete acceptance process.