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Engineer's Guide to US Visas

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Re: Engineer's Guide to US Visas

#11

Post by adaml_623 »

jval wrote: post #2

Cool guide, but I think the E-3's dual intent rules are a bit weird: http://www.uscis.gov/sites/default/files/USCIS/Laws/Memorand... "An application for initial admission, change of status or extension of stay in E-3 classification, however, may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition." It's not explicitly dua…

Kicking someone out of a country for deciding that they like working there and would like to stay permanently should fit everyone's definition of weird.

(I am of course aware that it is standard practice in the immigrant fearing bureaucratic world we live in today.)

Re: Engineer's Guide to US Visas

#13

Post by acchow »

hackerboos wrote: post #6

"It's for this reason I suggest coming out to SF on your own accord, staying for a short while, and lining up a bunch of interviews with all the companies you're interested in." I believe this is only for B1/B2 visa holders and those who are part of the Visa Waiver Program (UK/Aus etc.). You're not supposed to look for work or attend interviews on a tourist visa.

The key is "intent" - you cannot enter on a tourist visa if your intent is to work or look for work.

Keep in mind that your current actions can greatly influence how they perceive your "intent" in the future.

Re: Engineer's Guide to US Visas

#15

Post by daleharvey »

I am fairly interested in the rules around Visa Waivers.

I have been working for american companies remotely for a while, I do fairly regular visits to the american offices, generally 'Work Meeting' will get you straight passed, but I have a few times been questioned exactly what I do at these work meetings and once tiredly and mistakenly mentioning programming, was very close to being refused entry.

The other issue I couldnt find any documentation on how long a visa waiver is valid for, it is given for 3 months, but is that 3 months out of the year or just 3 months at a time? over a full year I occasionally get close to this and was mostly curious.

Re: Engineer's Guide to US Visas

#16

Post by devnonymous »

FTA:"However, in my experience, it's absolutely worth it. Moving here was the best thing I ever did. It's an incredible country, and the opportunities here in tech are second to none."

I wonder if given the current political, social and economical situation in the US, whether this (still ?) is the prevalent view within the tech community ? Having been to the US multiple times between 2005-2012, I was completely turned off the country. While I agree some of the best companies are based there, I wouldn't like living there.

Re: Engineer's Guide to US Visas

#17

Post by mehrdada »

> If you lose in the lottery, they'll refund the fees. One caveat to bear in mind is that applying for this visa shows intent, which may disqualify you for visas in the future which aren't dual intent, such as the B-1 & B-2 visitor visas.

(IANAL, but:) This is very wrong on at least two counts: there is no fee for enrolling in the lottery and if anyone charges for it, they are a scammer and you should enroll directly on dvlottery.state.gov site (as explicitly stated in its FAQ). Also, simply signing up for lottery is generally not sufficient ground for immigration intent (though being conservative doesn't hurt).

Re: Engineer's Guide to US Visas

#18

Post by DrJokepu »

daleharvey wrote: post #15

I am fairly interested in the rules around Visa Waivers. I have been working for american companies remotely for a while, I do fairly regular visits to the american offices, generally 'Work Meeting' will get you straight passed, but I have a few times been questioned exactly what I do at these work meetings and once tiredly and mistakenly mentioning programming, was very close to being refused entry. The other issue…

If the customs officer admits you to the United States on visa waiver (WT/WB status) you need leave the United States within 90 days or less. In addition to that, you cannot change your visa waiver status to any other non-immigrant status without departing the United States (e.g. you cannot switch to H1B within America while on WT/WB).

Re: Engineer's Guide to US Visas

#19

Post by daGrevis »

Thanks for this a lot! I'm planning to move to USA when I can and this helps to see the whole picture.

My best bet would be a company that really wants me to work for them and arranges all of this.

Re: Engineer's Guide to US Visas

#20

Post by makmanalp »

daleharvey wrote: post #15

I am fairly interested in the rules around Visa Waivers. I have been working for american companies remotely for a while, I do fairly regular visits to the american offices, generally 'Work Meeting' will get you straight passed, but I have a few times been questioned exactly what I do at these work meetings and once tiredly and mistakenly mentioning programming, was very close to being refused entry. The other issue…

warning: I am not a lawyer and thus not qualified to give legal advice, etc.

I don't know specifically about your situation and the VWP but it's not allowed to do things in the country other than your stated purpose, and other than what your visa allows.

See: http://en.wikipedia.org/wiki/B_visa#Uses_of_a_B1.2FB2_visa

Looks like most normal work is not allowed, except for the last provision there. If you follow to the source, it says "These would-be entrants are not allowed to receive remuneration from a US source (other than an expense allowance or reimbursement) and must be customarily employed by a non-US firm that will continue to pay their salary during the temporary assignment in the US.". So there you have it.

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