How to work in the United States?

Well, if you want to work here, you need to know about these two visas: the H2B and the EB3.  Both can allow you to work in the United States even if you don’t have a college degree.  So, which one is best for you?

The answer: it depends on the type of job you are coming to the United States to do.  We understand that “it depends” is not a helpful answer.  So, to make it clearer, we put together a simple H2B vs EB3 chart.  You can use this chart compare the H2B visa with the EB3 green card.

What is the difference between H2B and EB3?

The key take-away: The H2B is NOT an option unless the US employer can prove that the position in the US is temporary.  So, if you want to remain permanently in the United States the H2B is likely not the right option for you.

If you are a US employer and you need to fill a permanent position, you cannot use the H2B for the job.  The H2B is only for employers who can demonstrate that the position is:

• Seasonal or because of a spike in business during a particular time of year
• Based on a one-time need/project, or
• Sporadic or unpredictable

  • Attorney tip: this category is the hardest one to meet. The US employer must show that no US workers have ever filled the position before.

If the job does not fit into one of these temporary categories, then the EB3 green card is likely the best option.

If you are interested in learning about how our team can help you with your employment-based green card or H2B, or you would like discuss another immigration issue with our team, you can schedule a strategy session with one of our attorneys here. You can also learn more about our immigration services here.

The post H2B vs EB3 appeared first on DGO Legal.

Should I get a K1 or a marriage visa?

The answer: it depends on what’s most important to you (do you care more about being together with your fiancé as soon as possible, or do you care about saving money?).

We understand that “it depends” is not a helpful answer.  So, to make it clearer, we put together a simple chart.  You can use this chart compare the K-1 fiancé visa with the marriage-based green card.

*This chart applies to couples where one person is a U.S. citizen and the other person is not.  The non-U.S. citizen is typically outside of the United States and the couple is trying to figure out the best way to bring that person to the United States.

The key take-away: if you want to be together in the United States as soon as possible, the K-1 is likely the best option.  However, just because the K-1 is “faster” does NOT mean it is fast.  You still might have to wait 8 months to 2 years!

If saving money is more important, then you will want to go with the marriage-based green card (marriage visa).  The marriage-based green card has less steps, less paperwork, and less fees.

If you go straight to the marriage-based green card, then you don’t have to do the K-1 application.  If you do the K-1 visa, then you have to go through the entire marriage-based green card application process AFTER you get the K-1 visa—but at least you can be in the United States during that time.

If you are interested in learning about how our team can help you with your K-1 or marriage-based green card, or you would like discuss another immigration issue with our team, you can schedule a strategy session with one of our attorneys here. You can also learn more about our immigration services here.

***

This website and blog constitute attorney advertising. Do not consider anything on this website or blog as legal advice and nothing on this website constitutes the formation of an attorney-client relationship. Book a consultation with us before you act using any information you read here. Past results are not a guarantee of future results and past results do not imply or predict future results. Each case is different and must be judged on its own merits.

The post K1 Visa vs Marriage Visa appeared first on DGO Legal.