Which Visa/Form?

[KDE4789]

Good afternoon,

I am seeking some assistance;

I have recently been offered a job in the US. The job is permanent, with a US company. I am currently based in the UK. I am a UK citizen with UK citizen wife, no children. My mother us a US citizen however living in the UK also.
I have tried for a Greencard through i-130 which will take up to 12 years!

My second option now is to apply with sponsorship from the company which has offered me a job. I am having some trouble working out which is the best Visa I require. I am struggling to figure out what the difference is between H1/H2, green card through employment/i-140 alien through employment.

Which is the best option to suit my situation? Can anyone offer me some assistance?

My situation;

Currently a UK Construction Manager with a trade qualification in Carpentry and Joinery. 10 years experience in the construction industry.
Currently a job offered for a Construction Superintendent in Florida.
I hold no university degree. Only my trade certificate and various construction management courses which are degree equivalent in the UK.


Much appreciated.

[newacct]

On your previous thread it was determined that you are likely a US citizen, and you just need to collect proof of that and apply for a US passport.

[KDE4789]

?

On your previous thread it was determined that you are likely a US citizen, and you just need to collect proof of that and apply for a US passport.

I dont think I can apply for a passport as my mother was not in the US on the dates mentioned in previous thread. I think I am going to have to give up on the i-130 application and loose the money as I cannot wait 12 years.

"If your mother was physically present in the US, any time in her life before your birth, for a cumulative total of 5 years, including 2 years after she turned 14, then you were automatically a US citizen from birth, in which case you can just apply for a US passport, with the proof of her citizenship and period of physical presence in the US"

The above was mentioned in previous thread, my mother lived in the US for a cumulative 2 years, not after she was 14. My grandparents were born and lived in the US for 35 years if this helps?

[newacct]

?

I dont think I can apply for a passport as my mother was not in the US on the dates mentioned in previous thread. I think I am going to have to give up on the i-130 application and loose the money as I cannot wait 12 years.

"If your mother was physically present in the US, any time in her life before your birth, for a cumulative total of 5 years, including 2 years after she turned 14, then you were automatically a US citizen from birth, in which case you can just apply for a US passport, with the proof of her citizenship and period of physical presence in the US"

The above was mentioned in previous thread, my mother lived in the US for a cumulative 2 years, not after she was 14. My grandparents were born and lived in the US for 35 years if this helps?

So she left the US as a young child and didn't return? Yeah, that would make her not able to pass on citizenship to you, if you were born in wedlock (ironically, if you were born out of wedlock, it just requires the American mother to have been physically present in the US for some continuous period of 1 year, so in that case you would likely be a citizen).

Your grandparent's physical presence would have been able to be used for you to apply for naturalization as a child under INA 322, but that must have been completed before you turned 18, so it's too late now.

[KDE4789]

So she left the US as a young child and didn't return? Yeah, that would make her not able to pass on citizenship to you, if you were born in wedlock (ironically, if you were born out of wedlock, it just requires the American mother to have been physically present in the US for some continuous period of 1 year, so in that case you would likely be a citizen).

Your grandparent's physical presence would have been able to be used for you to apply for naturalisation as a child under INA 322, but that must have been completed before you turned 18, so it's too late now.

I was born in wedlock. So unfortunately this would not work and I cannot apply for a passport. Quite frustrating as I cannot see why that makes a difference but hey!

So I am back to my plan B, which is to use the company which has offered me a job to do the employment visa. My query was which one is required? Which one would be the quickest and easiest for both me and the employer?

Thank you very much for your help on all my questions newacct!! Its highly appreciated!

[inadmissible]

H-2B (temporary job) is subject to a lottery, EB-3 (permanent job) is subject to a backlog

both are subject to labor certification, a way of demonstrating that not enough U.S. workers are able, willing, qualified, and available to do the job

[KDE4789]

H-2B (temporary job) is subject to a lottery, EB-3 (permanent job) is subject to a backlog

both are subject to labor certification, a way of demonstrating that not enough U.S. workers are able, willing, qualified, and available to do the job

A lottery? How does this work? Why would this be rather than an H1 visa? From reading an H1 seems to be the one to choose?

And for the EB-3, what is the backlog timescale?

[sasvi]

A lottery? How does this work? Why would this be rather than an H1 visa? From reading an H1 seems to be the one to choose?

And for the EB-3, what is the backlog timescale?

H1 requires a bachelors` degree and it is also subject to a some sort of lottery (25% chance you get one visa, lower due lack of degree, this year`s cap achieved). Options: wait for H visas...if the company sponsor you directly to permanent residency in the Eb-3, this can take a while but you need to check in the visa bulletin for info. Same for getting it from your mom. All will take time...

[inadmissible]

EB-3 backlog is only a few months for "all other chargeable countries"

[KDE4789]

EB-3 backlog is only a few months for "all other chargeable countries"

Ok, So I think I am finally getting somewhere, with many thanks going to all those who have helped with information!

I think I have just one more question;

I appear to fall into the third preference for Employment Based Immigration, so EB-3. It would be great if someone could confirm though; I am a Construction Manager in the UK, hold a trade certificate in Carpentry & Joinery. I also hold a National Qualification which is degree equivalent in Construction Management. I ahve 10 years of solid experience in this feild. I have been advised from my potential employer in the US at interview stage that they obviously have people of my nature in the US, however they dont have the same skills and training which we receive in the UK. Hence the reason they want to employ me.

For this I need to have my future employer in the US fill in an i-140 form. Correct?

For my Wife, who will travel to the US with me, which form needs to accompany the i-140?

Cheers!

[scientist2016]

Ok, So I think I am finally getting somewhere, with many thanks going to all those who have helped with information!

I think I have just one more question;

I appear to fall into the third preference for Employment Based Immigration, so EB-3. It would be great if someone could confirm though; I am a Construction Manager in the UK, hold a trade certificate in Carpentry & Joinery. I also hold a National Qualification which is degree equivalent in Construction Management. I ahve 10 years of solid experience in this feild. I have been advised from my potential employer in the US at interview stage that they obviously have people of my nature in the US, however they dont have the same skills and training which we receive in the UK. Hence the reason they want to employ me.

For this I need to have my future employer in the US fill in an i-140 form. Correct?

For my Wife, who will travel to the US with me, which form needs to accompany the i-140?

Cheers!

You do not file any I140 for your wife. Your employer files a I140 for you. Once that is accepted and your priority date becomes current, you file for an immigrant visa (since you are not physically in the US, or else you could have done Adjustment Of Status aka I485). At the time of filing for the immigrant visa, you get to add all your dependents viz., spouse and children.

[inadmissible]

The first step, before filing Form I-140, is for the employer to complete labor certification

read https://www.cpvisa.com/ipermlabor.html

[KDE4789]

So to confirm;

Would an EB-3 or I-140 form be the best in my situation? Mainly for speed of processing and to suit my situation(both wife and I wanting to live in the US and work)

What was the backlog information you mentioned?

[inadmissible]

Labor certification will take at least a year

The EB-3 backlog I had mentioned is based on the info in the Visa Bulletin https://travel.state.gov/contenthttp...-may-2017.html