How easy is it to get a work visa?

[monkeyking]

Are work visas only reserved for big businesses bringing employees over, or could a Chinese citizen receive a US work visa through a contract with a restaurant or even something like a nanny service?

 

If a Chinese person does come to the US on a work visa, are you allowed to marry them, or would they still need to go home and come back again on a fiancee visa?

[Randy W]

Are work visas only reserved for big businesses bringing employees over, or could a Chinese citizen receive a US work visa through a contract with a restaurant or even something like a nanny service?

 

If a Chinese person does come to the US on a work visa, are you allowed to marry them, or would they still need to go home and come back again on a fiancee visa?

 

 

There is no law against marrying anyone, at any time, or any place.

 

Neither will your visa be affected by dong so (although, of course, you will no longer be eligible for a fiance visa). Also, if you ARRIVE in the US with the intent of marrying someone, you MAY BE required to leave the country until the family-based visa is processed.

 

But, to answer the question you DIDN'T ask - no, no business will sponsor your fiance for you so that she can come here and marry you.

 

But yes, if she WAS ALREADY here on a business visa when you met her, you can marry her and possibly allow her to stay while the visa is being processed. Even if she gets the visa AFTER you have met, you are PROBABLY okay. TALK TO AN IMMIGRATION ATTORNEY. WE CANNOT TELL YOU FOR SURE.

 

In general, a business will need to sponsor a foreign citizen for a work visa. Most employers do not do that.

 

Be careful - if you go this route, you MAY find her barred from entry to the US if she doesn't follow the proper procedures.

 

edit: Oh, yes - work visas ARE usually only used by big businesses hiring foreign employees. They will usually have a legal department to handle any issues

Edited March 5, 2010 by Randy W (see edit history)

[dnoblett]

Yes people in the USA on a work or student visa marry all the time, and ADJUST status. What is important is that the primary INTENT is to work or go to school, it is understood that the NON-Immigrant may find someone and marry. If this happens it is a simple matter of filing I-130 AND I-485 together to adjust status. ( I recently looked over paperwork for a college student who married a US Citizen, and they recently got green-card through adjustment of status).

 

As for easy to get a work visa, typically NOT, these visa types are typically applied for by cooperations needing skilled labor that is in high demand. A Restaurant Job is NOT a high demand skilled occupation.

 

Google Search "H1B" http://www.immihelp.com/visas/h1b/h1b-visa-requirements.html

[warpedbored]

I guess at some point during the visa process everyone hopes to find that quick end around that will get their sweet hearts here a little faster. Of course if there were one everyone would do it. Work visas are not easy to get. Even companies hiring foreigners are supposed to show there wasn't a qualified American to take the job. The easiest end around which is also difficult to get and fraught with risks is for your sweet heart to come here on a tourist or business visa then get married and file the I-130. The problem with this is the matter of intent. If the IO believes she came here with the intent of marrying then it is visa fraud. If on the other hand you can convince the IO that she came here for business or tourism and after she was here you couldn't control yourselves any longer and married then that is perfectly legal. Not worth the risk IMO.

 

The best thing to do is to get back in line with everyone else and concentrate on doing what you need to do in order to pass the interview.

[Robert S.]

I keep wishing that one of our members would meet a lady who would qualify for one of these temporary worker visas, then they could just "accidentally" decide they wanted to get married the way some of the H1B people do:

 

O-1 Individuals with Extraordinary Ability or Achievement in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field.

 

Or, even more awesome, if the lady's family was really rich and she had a million bucks or more she could get an E-2 Treaty Investor visa.

[b.c]

I keep wishing that one of our members would meet a lady who would qualify for one of these temporary worker visas, then they could just "accidentally" decide they wanted to get married the way some of the H1B people do:

 

O-1 Individuals with Extraordinary Ability or Achievement in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field.

 

Or, even more awesome, if the lady's family was really rich and she had a million bucks or more she could get an E-2 Treaty Investor visa.

 

E2 is not available for mainland Chinese.

[warpedbored]

EB-5 visas are open to all countries.

[Stepbrow]

A Chinese citizen can also come to the US on a B-1 business visa.

This is from the Shenyang Consolate website:

 

You should apply for this visa if your purpose is to travel to the U.S. for short-term, temporary business. Lawful B1 business-related activities include but are not limited to:

 

* Attending a scientific, educational, professional or business convention, conference or seminar;

* Giving a lecture;

* Doing independent research at a scientific or educational institution;

* Participating in a voluntary service program;

* Participating in a sporting event;

* Negotiating contracts;

* Attending short-term training;

* Consultations with suppliers and customers.

 

So if your lady is in business, and can come to the US for some business related activity, she can get a B-1 visa. She still has to have significant ties to China, like real estate, car, bank account, etc.