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Q: Authorisation to Work in the USA ( No Answer,   7 Comments )
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Subject: Authorisation to Work in the USA
Category: Business and Money
Asked by: keaton-ga
List Price: $100.00
Posted: 17 Aug 2004 09:44 PDT
Expires: 16 Sep 2004 09:44 PDT
Question ID: 389002
I am a UK citizen and have recently applied for a full time job as a
civilian 911 Dispatcher/Communication Officer with a Florida Police
Service.
I have 8 years previous experience with UK Police and am a qualified
Trainer in this field. I do not hold any further degree education qualification.
I have had phone calls with the HR Director of the US Police Service
and been given very favourable feedback to my application subject to
receiving the Authorisation to Work in the US.Then, subject to an
initial interview, they will favourably consider Sponsoring my
application

I intend to seek permanent residency in the US and my husband will
also seek to work in the US. We have no dependant children and have no
reletives in the US.
How do l apply for the Authorisation to Work permit?
Can my husband apply at the same time as myself - or - does he wait
until l am working in the US?
How can l fast track receiving the Authorisation to Work Permit and
Visa Application?

Which type of Visa will best lead to being granted Permanent Residency?
Do l need an Immigration Lawer?

Request for Question Clarification by jbf777-ga on 17 Aug 2004 13:33 PDT
Hello -

Thanks for your question.

Can you elaborate on what you mean by "qualified trainer?"  Do you
have certification in any way?  Any direct education in this field?

jbf777

Request for Question Clarification by jbf777-ga on 17 Aug 2004 13:37 PDT
Also, does your husband have a degree?

jbf777

Clarification of Question by keaton-ga on 19 Aug 2004 09:55 PDT
Hi.
 I have a "CITY AND GUILDS [LONDON]" certificate, *FAETC 7307, this
means l am qualified to teach adults aged 16 and above.
 * Further Adult Education Teaching Certificate - obtained at a
College on a part time basis.

 My husband has no further education qualifications.
 He is a retired UK Police Officer, aged 53 years, who is now "Head of
Security" for a large UK only based Logistics Company.

 Can you elaborate on the final comment regarding "3 years for her
type of work, since it's non accredited and permenanet residency MAY
NOT BE AN OPTION because of this"

 Regards

Request for Question Clarification by jbf777-ga on 20 Aug 2004 14:44 PDT
Hello -

Permanent residency is predicated upon sufficient academic
credentials.  I'm waiting to hear back from an immigration specialist
to see if your credentials qualify.  If not, the best that can be had
is 3 year stays at any given time.

jbf777

Request for Question Clarification by jbf777-ga on 30 Aug 2004 14:15 PDT
Hello -

Sorry for the delay.

According to the Dept. of Labor, permanent residency MAY be granted
for nonaccredited positions.  However, it takes several years to
happen, and in this case, I'm assuming you're looking to move and work
here ASAP?  If this is the case, sponsorship through your employer is
not an option.  There MAY be an education-based Visa you could pursue,
wherein you would come here for purposes of obtaining a degree.  But I
don't know if this is something you would be interested in.  Please
let me know how I can assist you further.

Thank you,

jbf777

Request for Question Clarification by jbf777-ga on 31 Aug 2004 14:45 PDT
Hello -

The entrepreneurial-oriented visa(s) might be an option.  But they may
be predicated upon the amount of investment you plan on making.  Can
you give me a maximum dollar amount you would be willing to invest?

jbf777

Request for Question Clarification by jbf777-ga on 01 Sep 2004 07:22 PDT
How much of that could you dedicate to an entrepreneurial venture?

jbf777

Request for Question Clarification by jbf777-ga on 02 Sep 2004 14:54 PDT
You're welcome.  

There are only two ways of being granted permanent residency in the
US: through employment-sponsorship and relative-sponsorship.  Even
opening up your own business is generally temporary (although there
might be a provision for permanent residency if you're investing $1M
USD).

I've talked in-depth with probably over half a dozen information
specialists on this case.

No matter how you look at this, there are several months if not years
to come here, on a temporary OR permanent basis, even if you have a
degree.  I don't know what your time frame is.

The only way you can achieve permanent residency is to have the
employer file for it outright -- and you CAN, without a degree, attain
permanent residence.  However, you can't work right away.  It takes a
few years.  In order to start working (relatively) right away, you
need to have a temporary visa.  In order to get the temporary visa
(H-1B), you have to have a bachelors degree.  There ARE equivalencies
to a bachelors degree; however, I believe the job you're applying for
doesn't ordinarily mandate a college degree, and so your experience
doesn't help here in this regard, because it's not really a specialty
position(?)

Legislation concerning this is at this link:
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2001/janqtr/8cfr214.2.htm

Unfortunately, I believe the same thing is true for your husband.  In
order for him to work, he has his own separate, but similar situation
to overcome as well.

I may be able to supply you with contact information for various
immigration lawyers who may be able to help you further with this...
please let me know if you would be interested in this as an answer to
your question, perhaps at a lower question price.


Thanks,

jbf777
Answer  
There is no answer at this time.

Comments  
Subject: Re: Authorisation to Work in the USA
From: gfan-ga on 18 Aug 2004 12:53 PDT
 
Q. How do l apply for the Authorisation to Work permit?
Ans: This should be taken care by the Employer by filing petition with
the department of immigration and naturalization services (BCIS now)
after getting approval from the Florida Labor department for non
availability of the special skills you have.

Can my husband apply at the same time as myself - or - does he wait
until l am working in the US?

Ans. If he can find an employer, he can start the process at the same
time, as both are independent.

How can l fast track receiving the Authorisation to Work Permit and
Visa Application?
Ans: By going to this link https://egov.immigration.gov/cris/jsps/index.jsp
Which type of Visa will best lead to being granted Permanent Residency?

Do l need an Immigration Lawer?
Ans: No you do not need immigration lawyer for filling authorization
to work, and yes you may or may not need for filling your permanent
residence if you want to stay permanently in USA. The paperwork is
simple but generally 80% (- an estimate from immigration forums) go
through an attorney.
There are sites which give all the forms needed for applying. If you
want I can post the address of the sites.

Please note "Authoriation to Work Permit" is a temporary visa for the
duration of six years, and "Application for permanent residence" is a
process which requires "Authoriation to Work Permit", if your employer
wants to hire you permanently after or before six years.
Subject: Re: Authorisation to Work in the USA
From: jbf777-ga on 18 Aug 2004 13:03 PDT
 
Hello -

It's actually 3 years for her type of work, since it's non-accredited.
 And permanent residency may not be an option because of this.

jbf777
Subject: Re: Authorisation to Work in the USA
From: keaton-ga on 31 Aug 2004 00:44 PDT
 
Hi.
 This obviously very disappointing especially as a US employer cannot
sponsor me [even though they are willing].
 I am willing to try ever avenue to get the visa - so can l work with
the new employer and still study for a degree part time?
 Or do you have any other suggestions how we can achieve our dream ...
I'm not going to give up!!!!!
 Look forward to hearing from you.
Subject: Re: Authorisation to Work in the USA
From: keaton-ga on 31 Aug 2004 01:41 PDT
 
Hi.
 Just as an after thought on my last reply.
 There are a lot of "quick" degrees available, that a advertised as "acreditted"
 would these be acceptable for a visa application?
 Also we would as a last resort consider buying a buisness - but
neither of us have any experiance in this - so not an easy
alternative!!
Subject: Re: Authorisation to Work in the USA
From: jbf777-ga on 31 Aug 2004 10:06 PDT
 
Hello again -

It's not so much that you don't have a degree, it's that the job
position itself doesn't require a degree.  I'm going to look into this
and see if there are any other ways to go about this.

Thanks,

jbf777
Subject: Re: Authorisation to Work in the USA
From: keaton-ga on 01 Sep 2004 06:00 PDT
 
Hi.
 We would have $200k max for everything relating to a move to the US.

 Regards
Subject: Re: Authorisation to Work in the USA
From: keaton-ga on 02 Sep 2004 10:42 PDT
 
Hi.
 Firstly, thanks for all the trouble you are taking to help solve our problems.
 We can dedicate all our $200 if the buisness has accomadation.
 Otherwise we need to buy a home etc etc - then everything left can be
for a buisness.
 The option to buy a buisness is a serious but last resort on our list
to gain a visa.
 Can we be granted a 3 year visa, on a fast track application and
apply for permenent residency during the 3 years??

 Regards

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