UK to US move.

May 2, 2007 1:07 PM

What's the easiest way for a UK citizen to move to the US while changing careers?

My friend has a degree in occupational therapy and about 3 years of work experience, which might qualify her for a skilled worker visa, but she doesn't want to continue that line of work here. She is okay with seasonal work (e.g., ski resorts) for the time being, but in the long-term she might be interested in owning her own business. What is her best course of action?

Also: she has a girlfriend here. Does that complicate things? This comment makes me think that she should divulge everything -- would that hurt her chances? Is it really necessary to tell them, when the girlfriend isn't her primary reason for coming?

posted by danb to work & money (7 comments total)

H1Bs are very hard to come by as they are all gobbled up by foreign tech workers. I wouldn't mention the girlfriend (it's irrelevant)
posted by zeoslap at 1:17 PM on May 2, 2007

Ask the Expats.
Personally speaking as (British) immigrant - chances are slim to nil these days.
(Any hint or indication of a septic girlfriend will mess everything up. Just don't.)
posted by Webbster at 1:57 PM on May 2, 2007 [1 favorite]

Longer shot: it would be substantially easier for her to move to Canada (esp on a temporary basis). Then maybe the gf could try to find a way to move to Canada too. Plus Canada would be a better place to live as a queer couple, other things being equal.
posted by LobsterMitten at 2:40 PM on May 2, 2007

As the author of the relevant comment, let me explain... no, there is too much. Let me sum up.

The problem with that other scenario was that it smelled strongly of "I want to come live with my boyfriend and find a way to finagle that," and it looked to me like they were prepared to fib (or come close to it). This is a very bad idea, especially because there are several completely above-board ways to do what they wanted to do.

It (probably; IANAL) wouldn't be relevant here. Your friend would be entering on a business/work visa of some manner. Who she fucks isn't relevant to that. The only way it might reasonably come up is if they ask "Do you have a place to stay?" To which the answer is "I'll be sharing a place with my friend So-and-so."

You don't ever want to lie to the immigration people, but you also don't want to walk up with this big story with lots of details that aren't relevant to anything. That's suspicious too. If there's no spot on the H1B or other relevant forms for "Do you have a gay lover in the US?", and I'm willing to bet there isn't, then don't provide that information.

File the forms for the visa that most closely match your actual intent. Answer the questions truthfully. Do not answer questions that haven't been asked.
posted by ROU_Xenophobe at 3:38 PM on May 2, 2007

A few thoughts

1. When my girlfirend came to visit me, she went and got an actual 6 month visa travel stamp from the US Consulate in New Zealand, rather then entering on a 3 month Visa waiver. She declared to the Consulate that the purpose of the visit was to see me. They were totally cool with it - and in fact the Visa in her passport had "Visiting Partner - Inflatablekiwi" listed on it as the "purpose of visit". Not sure if this works for same-sex couples though.

2. The whole H-1B thing is a mess. But if the person is looking to change careers the H-1B quotas do not apply to nonprofit research organizations and educational institutions. So if they can find work in that field it is a lot easier to get a Visa (you avoid the dreaded H-1B cap and can get the Visa at any time).

3. J-1 "Training Visas" can be a good way to get up to 18 months at a company (and may suit your friend's desire to change career). A friend did this - she found a small law firm that would take her on as an intern (that's the hard part - took her 3 months of persistent door knocking) then had a J-1 within three weeks of getting her internship offer (by going through a 3rd party J visa sponsor).

4. Study in the US. Of course that can be prohibitively expensive.

5. Work for a big firm in the UK for a year and then do a L1 intra-company transfer over to the US. Sort of a last gasp, but it can work.

6. If your friend has any questions *always* go to a *competent* immigration lawyer. I know plenty of people who got burnt on the H-1B this year, because their law firm didn't "get around" to submitting applications on day one.
posted by inflatablekiwi at 5:48 PM on May 2, 2007 [2 favorites]

It sounds like your friend has made a few decisions already about her future, but unfortunately it doesn't work that way round - if you have a possibility of getting a workers visa, you have to satisfy the requirements of the visa and then work your life around that. Competition for the limited amount of visas is strong, so you've got to have a pretty damn good case.

My instinctive reaction is to say that she should definitely contact a good immigration lawyer and get the facts, but frankly if she's approaching this endeavour from a "I want to change career, do a bit of seasonal work, maybe own my own business" as opposed to "I have these specific skills which I think will be of value to US employers and I have a US employer willing to sponsor me for a visa" then I fear she'd be wasting her time. I know that sounds a bit harsh, but really, that's the way it is.

(I'm a UK immigrant on an H-1B)
posted by forallmankind at 10:39 AM on May 3, 2007

As usual seconding Rou_X. And, incidentally, no, there is no line on any form asking about (gay, strait or other) lovers. Frankly, I personally don't know anyone in any capacity to make any decisions on that sort of thing that would give a rats arse as to the answers anyway, then again I have not met and discussed this issue with every consular officer nor CIS/ICE adjudicator out there either, so what do I know?

I would not recommend pursuing an H-1B.

Study, in an F-1 or J-1 classification is by all means one of the simplest means of entering the US. Additionally, as this is a change of career type situation it would naturally come with some updated training and would make it very appropriate and aplicable to your friend's situation. Price of study will of course come from the school she chooses.
posted by Pollomacho at 10:15 AM on May 4, 2007