Work visa question?

Question

If someone is in the USA on a 10 year tourist visa and they wish to remain and become a citizen, what's next? An immigration lawyer has advised, "Get a job and then your employer will go to bat for you to get a work visa," but it is not legal to hire someone on a tourist visa. Any legitimate suggestions would be greatly appreciated.

I am asking this question for a European man who has an advanced degree in engineering and not someone who plans to work just long enough to get on welfare when he quits his job.

Answer 1

An employer can petition for a skilled worker either as an immigrant or as a non-immigrant. They can't just hire a tourist and put him to work, then do the paperwork later, however. Both processes are complex, but they work.

Here are both processes:
http://www.uscis.gov/graphics/services/residency/employment.htm
http://www.uscis.gov/graphics/services/tempbenefits/TempWorker.htm

Answer 2

there ARE special clauses for people with high skills.....this would cover your friend...and the lawyer is pretty much right although the visa would not be the green card type..............

and dang that visa is an old one as they are not giving them out any more [i believe] mind you mine says indefinite on it so who knows.


and to reply to the comment below AM currently going thru immigration and there are MANY ways of having your status changed once you are here............but immigration is a minefield where to be honest we have more than once had mis information from the INS them selves or the rules change DURING the process thus making the current application almost invalid.

So actually think I am in some way able to reply to this persons question fairly. And I most certainly do have an indefinite visa stamped in some 15 years ago [although of course have not remained here for that length of time]
Good luck to your friend

Answer 3

With or without skills INS doesn't care. In fact, there is a bigger need for people who agree to work slave jobs for little pay than specialists.
I've never heard of a 10-year tourist visa!Most are for 6 months.
When your friend comes here, he should contact a lawyer on arrival. Otherwise he has no chance to settle in the US legally.
NOONE CAN JUST SHOW UP HERE AND APPLY FOR CITIZENSHIP. Obviously some of the people writing here have no clue how immigration laws work.

Answer 4

I would say his best deal would be to just apply for citizenship or a work visa. If he is an engineer I would say his credentials alone would go a long way. Contact the Department of Immigration and Naturalization they should be able to tell you what to do to help him out.