Moving and working from the UK to Florida

[marcoma2]

I know this question has been asked before, though I don't think my circumstances are the same as most people trying to get into the US.

I am 37 years old and am married with 2 children, my 'main' occupation is as a part-time college and university lecturer specialising in Music Technology. I am also active as a music composer and have had several pieces of music published by American owned companies, as such I have an american social security number as well as a US bank account that royalty payments are made into (albeit small amounts). I am educated to Masters Degree level in music, and have a PGCE (Post Graduate Certificate of Education) - this is the standard certificate required in england to teach. I have over 5 years experience in teaching students of the age 16 years and above, have taught on a degree course, and have had some years experience in the music industry before that.

With my kind of work experience what can any of you suggest when it comes to getting into the US? I'm assuming my Masters Degree is recognized in the US, but what about my PGCE? As the nature of my musician work is mostly on a freelance basis I'm guessing I should focus my efforts on my experience in teaching to get into America.

Will my wife be entitled to work in the US if I found a job there? Are employers allowed to give a job to someone who has followed their husband to the US, or are they obliged to give priority to American citizens?

Any suggestions will be appreciated.

Thanks

Marco

[ivypartridge]

Hi Marco

You need to have your teaching qualification recgonised in the US. I had mine done through a lawyer in Miami (about $100)you then need to apply to the Florida education for a teaching certificate I haven't done this.
This information I got from the Florida education department web site.
The advice I was given ( from a relocation company) was that I would never be employed as a music teacher ( I am a fully regestered teacher in UK) as the paper work would take about 8 months and by that time they would find someone else. The best route I was advised to take was my husband to set up a business as a pool cleaner or something then I could apply for a teaching job in 90 days and the process would be easier. If you DM me I'll send you the lawyers details. The teaching pay is very poor in Florida
Ivy

[esprit]

Depending on how well known you are in your field as a composer more than as a teacher, you may be able to get an O visa which can lead to green card or may be able to petition directly for green card under the EB1 extraordinary ability classification. You need to get employment first as an employer sponsors you.

The O visa is set aside for aliens of " extraordinary" ability in the sciences, arts, education, business or athletics, certain aliens accompanying or assisting those aliens, and their family members. The fundamental requirement for an O visa is to have reached the top of the profession or endeavor for which the alien seeks admittance into the United States. The beneficiary of an O visa may remain in the States until the event, project or activity for which the alien is admitted is completed. The initial period of stay can be sought for three years and thereafter one year increments may be sought to complete the activity, event or project. An employer must petition for the O alien; the petition must be submitted only after the employer consults with a peer group, labor organization, or management organization regarding the work to be performed and the alien's qualifications.

Dependants may not work without changing status to another work based visa but will be able to as soon as the green card is issued. As for spouses working, I know many dependants of people on visas working on employment authorisations. Provided you have a social security number, I dont think there is any preference either way.

If you dont consider your ability is extraordinary then you are down to applying for a skilled professional visa, H1b. You still need sponsorship from an employer. These are also capped annually. Dependants on this visa may not work. The alternative if you think there is no one in the US who could do your job would be to apply to the department of labor for labor certification and your employer could then sponsor you for 1-140 immigrant worker from which you can adjust status to green card.

Lots of options but first you need to find a job and someone willing to sponsor you. If you can become very very specialised in a small area of your field of expertise this would stand you in good stead.

[Ray9]

With the H-1B and teaching is the schools want Aug start ..but H-1B cannot start each year until Oct Ist ...
The cost of obtaining H-1B is very high ..most state schools could not afford it..Private one's maybe ..
Your Spouse would be on H-4 .employment is not allowed ..


There are basically NINE ways that you can get a visa to live and work in the US:
(1) Marriage (or engagement in anticipation of marriage) to a US citizen.

(2) You have skills that are in short supply in the US e.g. scientific or medical training. A degree is normally a must. Or you have superior specialist skills with at least 12 years experience.

(3) You have an Employer who is willing to transfer you - but even the employer has to make a good case for you - so you have to be a manager unless you fall under category (2) above.

(4) You may get a Green card in the diversity lottery (UK citizens, except N.Ireland, are not generally eligible unless you, your spouse or parents were born abroad or held a different citizenship.

(5)You own or buy business (does not get you permanent resident status i.e. no green card)You must be a national of a qualifying Treaty countries
The business must have a minimum value of around $150k (more the better) bearing in mind you will need somewhere to live and with any startup business you will need at least 2 years living money as back up. So a figure of $350k would be a nearer minimum

(6)You are an "investor" i.e. you have at least US $1m in assets to bring with you. half of that in a few areas. And your background will be investigated to the hilt.

(7)You have a close relative (mother, father, brother, sister and no further) who is an US citizen who would sponsor you, approx time this take 2-12 years…

(8.The R1 visa is available to foreign members of religious denominations, having bona fide non-profit religious organizations in the U.S., for entering the U.S. to carry on the activities of a minister or religious worker as a profession, occupation or vocation

(9)THE UNUSUAL You are in a position to claim refugee status/political asylum. or You get a member of Congress to sponsor a private bill with legislation that applies just to you.
The S visa issued to persons who assist US law enforcement to investigate and prosecute crimes and terrorist activities such as money laundering and organized crime


Recruitment agent will not take you seriously if you are not already in the US. Writing for jobs is really a waste of time; likewise US employers have no idea what foreign qualification are or mean (except Degrees) it may pay you to get your qualification translated into a US equivalent, there are Companies that do this ..
But if you are getting a visa under (2) above then you need a job offer before you can get the visa. Your Employer will be your sponsor this will cost them upward of $5k. So you can see you have to be offering something really special to get considered They may also have to prove to the Dept of labor that there is no American who can do the job if the position is to be permanent
© Originator.. Pulaski
Updater.. Ray 7/23/05

[steph_goodrum]

"1) Marriage (or engagement in anticipation of marriage) to a US citizen."

Just to clarify this for anyone who thinks this is a good way to get in and stay. If you enter the country on a Fiance/e Visa the marriage MUST take place within 90 days of entry into the Country, otherwise you have to reapply, just in case anyone thinks a long engagement is the easy way to get in.

:)

[marcoma2]

The diversity lottery is something I have considered, though it does seem to be exact;y that - a lottery. I was born in the UK but my wife was born in Vietnam, also my mother was born in Italy and is still an Italian citizen living in the UK. Come to think of it in the past I had considered looking into getting dual citizenship as UK/Italian, would this make me eligible for applying for the lottery - and how do I apply for the diversity lottery?

[Ray9]

How Do I Participate in the Diversity Visa Lottery Program

http://www.uscis.gov/graphics/howdoi/divlott.htm

[chrizzy100]

Recruitment agents will not look at you if you are not in the right State anymore...unless you are really something else...

[marcoma2]

How does someone set up a business in Florida? I thought there were some rules like you have to employ at least 10 people or something and invest a million dollars in the business. What are the rules regarding this?

ivypartridge you say you were advised for your husband to set up as a pool cleaner or something, is it allowed for someone to set up a business that is small and just a one man operation? I guess this might be a question that would be more appropriate for the lawyer whose details you sent me, but if you or anyone else has some advice it will be appreciated.

Thanks

[esprit]

You can set up a business if you have a really good business plan or buy a small existing business. You need to make a substantial investment, used to be thought to be $100,000 but may now be more ( it isnt in any rulebook so you can only look at what is getting through easily and what isnt) and apply for E2 visa. It isnt easy to get now and takes at least six months. The way to do it would be your spouse if you have one gets the E2 and you go an dependant, you then get a work permit and can get a joh in a college or whatever and then work on them to sponsor you for a green card. It has worked before.
The $500,000 invested in a regional center would give you an EB5 visa and green card, although some do invest that much in E2 businesses, you dont have to.