okay so i'm a couple of years out of university and wanting to work in the U.S (currently work in New Zealand) but i have no visa, i do have the possibility of getting a J1 visa for 5 months. just wondering if there's anyone here who has been in a similar situation with any advice?
A word of advice: when starting thread topics on this forum, rather than implying that you want something from us (which will annoy people before they even look at what you are really asking), try making the topic "I'm a hot Aussie and would like to hang out in the US for a couple of months......" or something similar. I guarantee you'd have about 100 hits and more help by now.
Also I don't know what to tell you, I'm just here for the helpful hints.
A word of advice: when starting thread topics on this forum, rather than implying that you want something from us (which will annoy people before they even look at what you are really asking), try making the topic "I'm a hot Aussie and would like to hang out in the US for a couple of months......" or something similar. I guarantee you'd have about 100 hits and more help by now.
Also I don't know what to tell you, I'm just here for the helpful hints.
My advise would be to start sending resumes and find an employer that wants you here. That's how my fiance did it and her employer (and their lawyers) figured out the visa stuff. The downside is smaller firms don't have the staff, or legal team, to handle this like corporate America. I'd guess your odds are better with a big firm. Then again, I'm sure someone will come along and correct me, or claim I know nothing about this. So whatever.
be prepared to deal with the fact that visas are almost impossible to obtain ... no matter how good your lawyer might be.
the truth is that there is a finite number of visas available each year ... the number of people applying for those visas is significantly bigger than the number of visas available.
our firm interviewed and issued a job offer recently to a very qualified young architect from South America ... after expending a great deal of time and effort trying to work out a visa for her, we finally had to admit defeat and withdraw the offer.
Great Benefits
We start all our new Associates at a minimum of $9.00 an hour for one simple reason...you are important to us! And our commitment to a higher starting wage is just one of the ways in which we show it. Another way is through offering excellent benefits like flexible schedules to accommodate school and other activities, paid vacations, free meals, comprehensive training, and a 401k plan. For our full time Associates, we provide a benefits package that also includes medical, dental, vision, life and travel insurance coverage.
Great Opportunities
Our work environment is team-oriented, fast paced and fun. We encourage ALL of our In-N-Out Associates to grow with the company, to become part of our success story. That's why your success is ours!
Most of our managerial staff have started as hourly associates and have been promoted from within.
We support our Associates by providing an ongoing training program.
On average, our Store Managers earn just under $100,000 a year.
I had no idea it could be that hard to get a visa. I have a friend who has worked for over a year somewhere in the US and had a few of his friends go work for the same firm. They seemed to like brazilian architects there for some reason. Could it be getting harder now than it was a few years ago?
Foreign nationals are required to obtain an H1b visa to work in the US ... in November of 2005, the entire 2006 allocation of H1b visas already was gone ... at that time, I was told by our firm's labor attorney that there is no meaningful alternative to the H1b visa
I also was told back then that Congress might increase the number of H1b's available as of January of 2006 (I don't know if that happened) but the process still would require 60-90 days for any individual able to obtain one from the proposed supplemental allocation of 30,000 H1b's.
Further, I was told that the cost associated with processing the H1b would be about $2,500 in legal fees and an additional $2,190 in filing fees ... the employer is required to pay $1,500 of the filing fee and that portion cannot be reimbursed to the employer by the employee.
An "expedite" fee of $1,000 can be paid to INS reduce the processing time significantly.
It would appear that the process of bringing a foreign national into the US to work is quite difficult and costly.
NOTE: I don't represent anything I write about above to be authoritative ... I trust the sources from which I obtained the information, but this is a special area of law and one that I am not personally qualified to espouse in any authoritative manner.
It's also difficult for smaller firms to bring someone in on an H1b visa not only because of the wait times, fees, etc., but because in order to qualify even to apply for the visa the firm must be offering the employee the "prevailing wage". Usually this is based on the 25th percentile of what architecture jobs at that level pay in that region, based on the state's department of labor statistics (though sometimes an immigration lawyer can successfully use other "industry standard" salary surveys to establish average salaries for a particular job title.) The problem with this is that many smaller firms may not be able to afford to pay that and may not pay any of its employees (citizens or not) at that level. In other words, they're saying that we cannot get a visa for a potential employee unless we're offering wages in the top 75% for our region. But obviously some firms have to make up the lowest 25% - and those firms are pretty much out of luck if they want to hire someone who is not a citizen.
One note though: technically the legal fees that quizzical mentions are optional. Some firms - and some individuals - do tackle the paperwork process without an immigration lawyer and it is possible to get through the process that way.
bloopox- that salary requirement has now been revised as of this year to state that the firm must offer a salary of 100% of the average salary in that metropolitan region! essentially that means if the average salary in new york is $40,000, the firm must be paying $40k or more. prevailing wages are determined by the department of labor. (I am currently in the process of getting my H-1b started for 2007 which is how i know this) this sucks, because it effectively rules out any option of working at the smaller, design-oriented firms, even if you're willing to live on lower salary.
two points about the quota- there is a general quota for H-1Bs of 65,000 visas per year for each fiscal year (beginning october) and a special quota of 20,000 for those with master's degree or higher. last year, the 65,000 quota was full on the first day of the fiscal year- october 1. the 20,000 quota filled up by jan.
robots- there are other options. one is to work for a global firm and look into intra-company transfers (L-1 visa). another, are other visa types- O, Q, etc. i would not recommend applying without a lawyer working on your case, from my friend's experience.
the easiest way to get an H-1B is if you are already employed on your student visa "optional practical training." of course, this means having to be a student! you might want to look into cheap one-year post-prof degrees, if you can afford it. with a minimum one-year course of study, you are automatically entitled to a year of work authorization. this is the easiest route because you can apply and accept a job offer immediately after graduation and can legally work for a year. once you have the job, start the paperwork for the H-1B.
as said above, check the right legal authorities and regulations- these are constantly changing.
"this sucks, because it effectively rules out any option of working at the smaller, design-oriented firms, even if you're willing to live on lower salary"
wow ... gm's pounding on the INS, when he ought to be pounding on those starchitects who take advantage of starry-eyed young designers
the whole point of INS establishing minimum wage standards is to prevent abuse and protect the wages of US labor
I'm not in favor of interns working for star firms for free (or for lunch money.) But the problem is that the visa regulations don't take into account that the "averages" that they're using to determine the prevailing wage are made up of people working in a large variety of different types of firms. The averages even include those people working as architects in non-architecture firms - such as in store planning, real estate firms, etc. - which are often higher paying than average average firm jobs.
My state's dept. of labor shows a current average wage for architects as $71,271, and a mean wage of $66,655.
For "architectural drafters" they show an average of $44,126, and a mean of $42,276.
Last year we tried to hire a person who would have needed a visa. The salary that the candidate asked for was about 35k - which is really about the true norm for a mid-level intern in this area - and we agreed to this. We had an immigration lawyer put the paperwork through. There is (or was) some provision in the law for using alternative sources other than the state's DOL figures to establish prevailing wage - and we used AIA surveys, etc. that showed that this was a fair salary for the position in this city. But his application was turned down because of the prevailing wage issue.
So while these laws may be intended to prevent abuse of young designers, they're pretty much eliminating our ability to hire non-citizens in this small firm, at a salary that is normal for this type of position in this region.
So you are saying that an immigrant on a visa more than likely will earn more than the equivalent co-worker who is a naturalized citizen?!? I totally understand the position of the INS, but those rules are a slap in the face to the guy that grew up down the street. Why don't they require everyone to be hired at a prevailing wage? Would've been nice during those years I was putting in my "dues" and gaining experience before the larger paycheck appeared. Meanwhile illegals working for almost nothing have driven wages down in other professions. The INS is just another inept gov't program.
Are there similar rules if I were to work in a different country? Uhh, not that I heard of. Would probably be working north of the 49th if the pay cut wasn't so much. Never heard about any prevailing wage when I looked into that.
Yes, this is pretty much the case if the immigrant goes through legal channels and the employer also keeps everything legal.
The guy we were trying to hire, once he found out what the problem was, wanted to cut a "deal" with us. He made the offer that we could pay him the prevailing wage "on paper" and that we could pay him less in reality - in fact even less than he asked for, because he was willing to pay both his and our shares of the taxes on the wages that we wouldn't actually be paying him!
We did not take him up on this. But I suppose some businesses might.
-- "So you are saying that an immigrant on a visa more than likely will earn more than the equivalent co-worker who is a naturalized citizen?!?
I don't think this is likely to happen ... no rational employer is going to a) incur the complexity and cost associated with helping arrange an H1b visa and b) pay that foreign worker much higher wages than would be paid to an equally qualified US citizen.
I think what this is saying is that the only overseas workers likely to be eligible for an H1b visa are those who can command higher wages --- meaning, those with substantial prior work experience.
my sense is that these regulation "protect" the more inexperienced workers in our economy -- not the other way around.
I'm not worried that employers will be hiring immigrants to do the same job I've got at a much higher wage. I just think that the way the system is set up promotes illegal activity. As Bloopox noted with the canidate offering to work for less, etc. While I'm all for controlling immigration, what the INS has done is made it so difficult one has little choice other than to work out some kind of under the table "deal."
bloopox and digger- thanks for your clarifications. sorry if i was misunderstood. i'm totally against the notion of working for free or other crap that people endure at starchitect offices. that's another can of worms for another thread...
i should have clarified in my first post, that in the past you had to establish that the person was earning at least 80% (or 90%?) of the average. this at least allowed for some flexibility and variations in wage structure (lower salary+ bonus v/s higher salary+no bonus v/s overtime, etc.) meeting the average, especially given the inflated number that they use, is quite difficult, even when you work for the larger corporate firms.
You can do that, but it only allows you to work for one year after graduation. After that you're in exactly the same situation as discussed here.
generative: previously the rule was that you had to offer a salary that was within the 10th to 20th percentile - which is not necessarily at all the same thing as 80% to 90% of average.
For example: for the situation above, where the state's figure for the 50th percentile for an architect is $66,655, the 10th percentile of all architects in the state make $40,115. That's only about 60% of the mean. Not 80% to 90% - but that was the figure that we would have been able to use up until the rules changed recently.
The point was just that it used to be possible to say that a "reasonable" salary was what at least 10% to 20% of US citizens would accept for the same job. But now a "reasonable" salary is what 50% of US citizens would accept.
I just think the way this is being calculated is a little skewed. When they look at all "architectural drafters", for example, they're counting people who work for the state, people who are employed by private institutions, by utility companies, by contractors and realtors, etc. So they're lumping all of these together. There's just no way in that formula for a very small, purely architectural firm to afford an immigrant with a visa.
I think you can get an education visa since the first few to a dozen years of an architect's profession is termed an "internship". My very tiny firm of 5 people working in a garage has had two imports (one scottish, one guatemalan) work here in the last 2 years and I think that's what they did.
bloopox- thanks for the clarification (again!) these rules and regulations are so complicated and bureaucratic. the percentile explanation means that this is an even more unreasonable change than i thought.
my thought is that it the salary requirement should be firm-specific. a firm should have to show what a us-citizen with similar qualifications in the same position is earning at that same firm as compared to a non-citizen. if it's within a 10-20% range, then it would seem fair and reasonable for all. but what do i know...
We've had interns on education visas, but regardless of how long internships are in architecture they can only get one year of "practical training" on an education visa.
The situation was much easier when we hired Canadian interns, because architecture qualifies as a professsion for which the US admits Canadians under some other type of visa. But for those from Europe, Asia, etc. we have had the same problems as others have described: it's unaffordable as a small firm. US employees in equivalent positions in the firm do not make the salaries that would be required in order to bring in an immigrant.
damn ... visas and complicated bureaucratic procedure , the architects should be free citizen of the world ......the NZ or any other architect could change the architectural world from USA, we are not butchers or bakers ... at purpose I want to go mars ... someone know how apply it for visa?
what if the candidate is willing to pay for the visa procedures and at the same time ready to work for less salary than any other applicant? or what if a candidate come there on tourist visa and work there on a trial basis? Then if the firm thinks he/she is the right choice than they might think to apply for h1 visa for him
May 24, 06 1:04 pm ·
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job please!
okay so i'm a couple of years out of university and wanting to work in the U.S (currently work in New Zealand) but i have no visa, i do have the possibility of getting a J1 visa for 5 months. just wondering if there's anyone here who has been in a similar situation with any advice?
A word of advice: when starting thread topics on this forum, rather than implying that you want something from us (which will annoy people before they even look at what you are really asking), try making the topic "I'm a hot Aussie and would like to hang out in the US for a couple of months......" or something similar. I guarantee you'd have about 100 hits and more help by now.
Also I don't know what to tell you, I'm just here for the helpful hints.
A word of advice: when starting thread topics on this forum, rather than implying that you want something from us (which will annoy people before they even look at what you are really asking), try making the topic "I'm a hot Aussie and would like to hang out in the US for a couple of months......" or something similar. I guarantee you'd have about 100 hits and more help by now.
Also I don't know what to tell you, I'm just here for the helpful hints.
damn it. I was afraid that was going to happen. Sorry.
lol ... time for ..
sorry wonder k ... hahaha ,,
and .. umm .. sorry cant help you robots ... I'm in Dubai ..( but if you were a hot Aussie... I'd invite you to dubai ..) :)
My advise would be to start sending resumes and find an employer that wants you here. That's how my fiance did it and her employer (and their lawyers) figured out the visa stuff. The downside is smaller firms don't have the staff, or legal team, to handle this like corporate America. I'd guess your odds are better with a big firm. Then again, I'm sure someone will come along and correct me, or claim I know nothing about this. So whatever.
be prepared to deal with the fact that visas are almost impossible to obtain ... no matter how good your lawyer might be.
the truth is that there is a finite number of visas available each year ... the number of people applying for those visas is significantly bigger than the number of visas available.
our firm interviewed and issued a job offer recently to a very qualified young architect from South America ... after expending a great deal of time and effort trying to work out a visa for her, we finally had to admit defeat and withdraw the offer.
You can always just marry an American to get a green card.
Great Benefits
We start all our new Associates at a minimum of $9.00 an hour for one simple reason...you are important to us! And our commitment to a higher starting wage is just one of the ways in which we show it. Another way is through offering excellent benefits like flexible schedules to accommodate school and other activities, paid vacations, free meals, comprehensive training, and a 401k plan. For our full time Associates, we provide a benefits package that also includes medical, dental, vision, life and travel insurance coverage.
Great Opportunities
Our work environment is team-oriented, fast paced and fun. We encourage ALL of our In-N-Out Associates to grow with the company, to become part of our success story. That's why your success is ours!
Most of our managerial staff have started as hourly associates and have been promoted from within.
We support our Associates by providing an ongoing training program.
On average, our Store Managers earn just under $100,000 a year.
quizzical
I had no idea it could be that hard to get a visa. I have a friend who has worked for over a year somewhere in the US and had a few of his friends go work for the same firm. They seemed to like brazilian architects there for some reason. Could it be getting harder now than it was a few years ago?
absolutely ... it's a "post 9-11" phenomenon ...
Foreign nationals are required to obtain an H1b visa to work in the US ... in November of 2005, the entire 2006 allocation of H1b visas already was gone ... at that time, I was told by our firm's labor attorney that there is no meaningful alternative to the H1b visa
I also was told back then that Congress might increase the number of H1b's available as of January of 2006 (I don't know if that happened) but the process still would require 60-90 days for any individual able to obtain one from the proposed supplemental allocation of 30,000 H1b's.
Further, I was told that the cost associated with processing the H1b would be about $2,500 in legal fees and an additional $2,190 in filing fees ... the employer is required to pay $1,500 of the filing fee and that portion cannot be reimbursed to the employer by the employee.
An "expedite" fee of $1,000 can be paid to INS reduce the processing time significantly.
It would appear that the process of bringing a foreign national into the US to work is quite difficult and costly.
NOTE: I don't represent anything I write about above to be authoritative ... I trust the sources from which I obtained the information, but this is a special area of law and one that I am not personally qualified to espouse in any authoritative manner.
Info about H1b visas can be obtained here: H1b
It's also difficult for smaller firms to bring someone in on an H1b visa not only because of the wait times, fees, etc., but because in order to qualify even to apply for the visa the firm must be offering the employee the "prevailing wage". Usually this is based on the 25th percentile of what architecture jobs at that level pay in that region, based on the state's department of labor statistics (though sometimes an immigration lawyer can successfully use other "industry standard" salary surveys to establish average salaries for a particular job title.) The problem with this is that many smaller firms may not be able to afford to pay that and may not pay any of its employees (citizens or not) at that level. In other words, they're saying that we cannot get a visa for a potential employee unless we're offering wages in the top 75% for our region. But obviously some firms have to make up the lowest 25% - and those firms are pretty much out of luck if they want to hire someone who is not a citizen.
One note though: technically the legal fees that quizzical mentions are optional. Some firms - and some individuals - do tackle the paperwork process without an immigration lawyer and it is possible to get through the process that way.
just come here illegally theres plenty of white people here illegally. assuming you're white of course.
um i want to work in new zealand, want to trade lives?
"just come here illegally theres plenty of white people here illegally"
hahaha, thats very good piece of advice.
bloopox- that salary requirement has now been revised as of this year to state that the firm must offer a salary of 100% of the average salary in that metropolitan region! essentially that means if the average salary in new york is $40,000, the firm must be paying $40k or more. prevailing wages are determined by the department of labor. (I am currently in the process of getting my H-1b started for 2007 which is how i know this) this sucks, because it effectively rules out any option of working at the smaller, design-oriented firms, even if you're willing to live on lower salary.
two points about the quota- there is a general quota for H-1Bs of 65,000 visas per year for each fiscal year (beginning october) and a special quota of 20,000 for those with master's degree or higher. last year, the 65,000 quota was full on the first day of the fiscal year- october 1. the 20,000 quota filled up by jan.
robots- there are other options. one is to work for a global firm and look into intra-company transfers (L-1 visa). another, are other visa types- O, Q, etc. i would not recommend applying without a lawyer working on your case, from my friend's experience.
the easiest way to get an H-1B is if you are already employed on your student visa "optional practical training." of course, this means having to be a student! you might want to look into cheap one-year post-prof degrees, if you can afford it. with a minimum one-year course of study, you are automatically entitled to a year of work authorization. this is the easiest route because you can apply and accept a job offer immediately after graduation and can legally work for a year. once you have the job, start the paperwork for the H-1B.
as said above, check the right legal authorities and regulations- these are constantly changing.
wow ... gm's pounding on the INS, when he ought to be pounding on those starchitects who take advantage of starry-eyed young designers
the whole point of INS establishing minimum wage standards is to prevent abuse and protect the wages of US labor
I'm not in favor of interns working for star firms for free (or for lunch money.) But the problem is that the visa regulations don't take into account that the "averages" that they're using to determine the prevailing wage are made up of people working in a large variety of different types of firms. The averages even include those people working as architects in non-architecture firms - such as in store planning, real estate firms, etc. - which are often higher paying than average average firm jobs.
My state's dept. of labor shows a current average wage for architects as $71,271, and a mean wage of $66,655.
For "architectural drafters" they show an average of $44,126, and a mean of $42,276.
Last year we tried to hire a person who would have needed a visa. The salary that the candidate asked for was about 35k - which is really about the true norm for a mid-level intern in this area - and we agreed to this. We had an immigration lawyer put the paperwork through. There is (or was) some provision in the law for using alternative sources other than the state's DOL figures to establish prevailing wage - and we used AIA surveys, etc. that showed that this was a fair salary for the position in this city. But his application was turned down because of the prevailing wage issue.
So while these laws may be intended to prevent abuse of young designers, they're pretty much eliminating our ability to hire non-citizens in this small firm, at a salary that is normal for this type of position in this region.
So you are saying that an immigrant on a visa more than likely will earn more than the equivalent co-worker who is a naturalized citizen?!? I totally understand the position of the INS, but those rules are a slap in the face to the guy that grew up down the street. Why don't they require everyone to be hired at a prevailing wage? Would've been nice during those years I was putting in my "dues" and gaining experience before the larger paycheck appeared. Meanwhile illegals working for almost nothing have driven wages down in other professions. The INS is just another inept gov't program.
Are there similar rules if I were to work in a different country? Uhh, not that I heard of. Would probably be working north of the 49th if the pay cut wasn't so much. Never heard about any prevailing wage when I looked into that.
Yes, this is pretty much the case if the immigrant goes through legal channels and the employer also keeps everything legal.
The guy we were trying to hire, once he found out what the problem was, wanted to cut a "deal" with us. He made the offer that we could pay him the prevailing wage "on paper" and that we could pay him less in reality - in fact even less than he asked for, because he was willing to pay both his and our shares of the taxes on the wages that we wouldn't actually be paying him!
We did not take him up on this. But I suppose some businesses might.
-- "So you are saying that an immigrant on a visa more than likely will earn more than the equivalent co-worker who is a naturalized citizen?!?
I don't think this is likely to happen ... no rational employer is going to a) incur the complexity and cost associated with helping arrange an H1b visa and b) pay that foreign worker much higher wages than would be paid to an equally qualified US citizen.
I think what this is saying is that the only overseas workers likely to be eligible for an H1b visa are those who can command higher wages --- meaning, those with substantial prior work experience.
my sense is that these regulation "protect" the more inexperienced workers in our economy -- not the other way around.
I'm not worried that employers will be hiring immigrants to do the same job I've got at a much higher wage. I just think that the way the system is set up promotes illegal activity. As Bloopox noted with the canidate offering to work for less, etc. While I'm all for controlling immigration, what the INS has done is made it so difficult one has little choice other than to work out some kind of under the table "deal."
bloopox and digger- thanks for your clarifications. sorry if i was misunderstood. i'm totally against the notion of working for free or other crap that people endure at starchitect offices. that's another can of worms for another thread...
i should have clarified in my first post, that in the past you had to establish that the person was earning at least 80% (or 90%?) of the average. this at least allowed for some flexibility and variations in wage structure (lower salary+ bonus v/s higher salary+no bonus v/s overtime, etc.) meeting the average, especially given the inflated number that they use, is quite difficult, even when you work for the larger corporate firms.
You can do that, but it only allows you to work for one year after graduation. After that you're in exactly the same situation as discussed here.
generative: previously the rule was that you had to offer a salary that was within the 10th to 20th percentile - which is not necessarily at all the same thing as 80% to 90% of average.
For example: for the situation above, where the state's figure for the 50th percentile for an architect is $66,655, the 10th percentile of all architects in the state make $40,115. That's only about 60% of the mean. Not 80% to 90% - but that was the figure that we would have been able to use up until the rules changed recently.
The point was just that it used to be possible to say that a "reasonable" salary was what at least 10% to 20% of US citizens would accept for the same job. But now a "reasonable" salary is what 50% of US citizens would accept.
I just think the way this is being calculated is a little skewed. When they look at all "architectural drafters", for example, they're counting people who work for the state, people who are employed by private institutions, by utility companies, by contractors and realtors, etc. So they're lumping all of these together. There's just no way in that formula for a very small, purely architectural firm to afford an immigrant with a visa.
I think you can get an education visa since the first few to a dozen years of an architect's profession is termed an "internship". My very tiny firm of 5 people working in a garage has had two imports (one scottish, one guatemalan) work here in the last 2 years and I think that's what they did.
bloopox- thanks for the clarification (again!) these rules and regulations are so complicated and bureaucratic. the percentile explanation means that this is an even more unreasonable change than i thought.
my thought is that it the salary requirement should be firm-specific. a firm should have to show what a us-citizen with similar qualifications in the same position is earning at that same firm as compared to a non-citizen. if it's within a 10-20% range, then it would seem fair and reasonable for all. but what do i know...
We've had interns on education visas, but regardless of how long internships are in architecture they can only get one year of "practical training" on an education visa.
The situation was much easier when we hired Canadian interns, because architecture qualifies as a professsion for which the US admits Canadians under some other type of visa. But for those from Europe, Asia, etc. we have had the same problems as others have described: it's unaffordable as a small firm. US employees in equivalent positions in the firm do not make the salaries that would be required in order to bring in an immigrant.
If you are working in NZ, are you Australian Citizen by any chance? If so the new E-3 exclusively for the Aussies may help.
link
Will paying for the legal fees and doing all of the legwork myself help? All I need are their signatures and approval...=P
The super Fantastic E-3, Do you Americans have the same ability to come here to Australia?
damn ... visas and complicated bureaucratic procedure , the architects should be free citizen of the world ......the NZ or any other architect could change the architectural world from USA, we are not butchers or bakers ... at purpose I want to go mars ... someone know how apply it for visa?
what if the candidate is willing to pay for the visa procedures and at the same time ready to work for less salary than any other applicant? or what if a candidate come there on tourist visa and work there on a trial basis? Then if the firm thinks he/she is the right choice than they might think to apply for h1 visa for him
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