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Work Options In The U.S. When Student Visas Expire?
Ellen Spertus asks: "I'm a computer science professor and am unsure how to advise my students who are on student visas about how to work toward getting a H1B visa or other means of being able to work in the U.S after graduating. Any advice?" What advice do you all have for foreigners looking to work in the U.S.? What would be the best way for them to go about getting a green card, especially if any possible corporate sponsorship is in doubt?
Eligibility Requirements
The problems with it were that ISSO takes 3 months or more to process the forms, and you really need to submit 3-4 months in advance of graduation. And then there were potential problems leaving the country in between. Since I was Canadian, I looked into getting a TN (NAFTA) visa. Much simpler. You just need a letter offering employment, $56, proof of education, and a profession on the approved list. It took fifteen minutes to get the visa, but make sure your appointment letter says the exact same job title as the jobs list (e.g. Computer Systems Analyst, Engineer, Mathematician, Scientific technician/technologist, Technical publications writer, Astronomer, Biochemist, Biologist, Geneticist, Physicist). The disadvantages to the TN visa
I work for a global IT consulting company (hint: recently split from an accounting firm) from an offshore office somewhere in Asia. I've had the experience of working in the US (for two years) for the same firm and can offer the following insights, some of which may contradict what flatpack has stated:
1. On the overtime work/pay situation, the rest of the world is "catching up" with the US in terms of the the amount of overtime and absence of overtime pay. My firm recently standardized the overtime policy to keep in line with the American situation...most of Asia stopped paying overtime pay for IT people about two years ago, and Europe is not far behind. I think this trend is true for most "multi-national" IT firms, and most startups follow the same model. So, between working for a third-world salary vs. what-would-have-gotten-in-the-US, I think I'd pick the US option.
2. About the lack of humanity...I've found that American managers (at least in my firm) are more "human" than my home country managers. They bother to check if you have a personal life (which most Asian managers don't care about or won't even ask about due to cultural blocks). What I find really nice is the "Work hard, play hard" policy that most Americans adhere to...In Asia, the ability to balance one's personal life and work is lopsided towards work...probably due to cultural and economic factors.
3. Admittedly, it is hard to secure an H1B visa. Does it mean that the policy is racist or short-sighted? Might...but in this case, the benefit of the doubt should be cast. I come from a country where graft and corruption are part of official govt. procedures and redtape is used to print our money. Hate to sound desperate or un-nationalistic...but I'd probably jump-ship the first chance I get (which some of you probably wanted to hear...but that would be OT).
From someone who works w/ the INS on a regular basis:
1) Start early: Many applications don't go through due to procrastination on the part of the applicant. Many of these processes take months or even years. And don't wait for your current residency to expire before looking for the next one.
2) Check your work: There are tons of hoops you have to jump through and they are not well marked. The INS won't always helpfully remind you when you have a problem. Only warning here is not to pester the INS too much-- that could delay your answer.
3) Get assistance: Some lawyers specialize in immigration issues. Talk to one-- she'll be able to give you advice which is tailored to your particular case. Or talk to your congressional office-- they have people who know the rules and can explain them to you. Your company can also help-- IF you plan on staying there long enough for them to benefit.
Americans need to realize that immigrants not only work harder than natives (have you ever met a Hispanic migrant farm worker who works less than 13 hours a day?), but contribute more to society. These people come to the US because they believe they can find something better. They are willing to work for the privelege of the American Dream (TM). Perhaps instead of berating the former engineer from Kenya, you should thank him for being willing to mop your floor, despite the fact he is better trained and more intelligent than you.
Flipside is that rampant immigration can cause problems. California is definately a case for this. Southern Texas has PO box towns where Mexicans receive their Soc Sec checks before returning south of the border. But, in general, these are rare and isolated cases.
Unless your ancestors came to the U.S. as slaves or transported criminals, they too came here with an ulterior motive, seeking a better life for themselves and their descendants. You are the beneficiary of this, and you might want to consider how it looks for you to want to deny others the opportunities that your ancestors had.
Give us your poor and huddled masses, yearning to breathe free...
Let's face it, the Government in it's "heroic" efforts to keep control of the fast-changing employment situation here in the US is not making it easy for foreign people to work here - even if you get an H1B you end up stuck in the same job for your entire period and then get kicked out the country like an illegal immegrant. Hardly an inspiring direction to take your life in.
And then there's the amazing lack of humanity in the majority of America's employers. What other country in the world lets it's citizens work 90 hour weeks without a single hour of overtime? Oh yeah, that's right, the whole reason for H1Bs is to get foreigners here to do those 90 hour weeks, and they don't even have to give you the same rights as nationals (not that America provides many for them either).
America's entire policy on foreigners working there is both rascist and short-sighted. For a country built from immegrants and minimal government, recent political viewpoints seem to be tending towards a xenophobic attitude in which only America counts, and if you're not an American, you can only come here if you're willing to live like a second class citizen.
Try another country - there are IT opportunities across the world, and in most places you won't get nearly as much shit as you'll be put through by the US government.