Visitor visa available to seek work in US - IMMIGRATION CORNER by Michael J. Gurfinkel

Dear Atty. Gurfinkel:

I have a good job in the Philippines, have my own house, and most of my family and friends are in the Philippines. However, I am always hearing about "greener pastures" in America, and would like to explore the possibility of finding work in America. Unfortunately, it is hard to look for a job in America, if I am in the Philippines. I have heard that if the Embassy believes a person is going to America to look for a job, a visitor’s visa will almost certainly be denied. Is it possible to obtain a visitor’s visa to go to America, to seek out employment opportunities?

Very truly yours,
T.W.

Dear T.W.:

By law, a person may not work in America while he or she is on a B (visitor's) visa. It is also not permissible to enter the U.S. on a visitor’s visa, with the intent to adjust status and/or remain in the U.S. permanently.

However, the Visa Office of the U.S. State Department, in Washington, D.C., was recently asked if it is possible to apply for a visitor’s visa to seek employment opportunities in the U.S. In response, the Visa Office confirmed that, "An alien is not necessarily precluded from obtaining a B visa for the purpose of seeking legal employment opportunities in the U.S. which do not involve adjustment of status, such as seeking out potential H-1B employment opportunities". In order to be eligible for this "employment opportunity" visitor’s visa, the alien must still satisfy the Consul that the alien otherwise meets eligibility requirements for a visitor’s visa for this particular trip (i.e. that he has a residence outside the U.S. that he does not intend to abandon, and he has no intention of remaining in the U.S. on this trip).

According to the Visa Office, "aliens applying for B status who intend to seek out H-1B [temporary working visa for college graduates] and L status [intracompany transferee], or some other employment-based status, have the burden to show that they remain eligible for B status, in that they do not intend to adjust status while in the U.S., and have a residence outside the U.S. which they do not intend to abandon". Thus, if a person wants to seek employment opportunities in the U.S., he must prove to the Consul that he is going to the U.S. solely to investigate and check out the employment opportunities. But he cannot work, or seek to remain in the U.S. during that visit. Instead, he could, perhaps, go to job interviews, find a suitable employer, and then return to the Philippines, at which time the employer would petition him for the working visa.

Therefore, according to the Visa Office, is not "impossible" to obtain a visitor’s visa to seek out employment opportunities. But it still requires the alien to prove that he or she is just going to the U.S. solely to visit or seek job opportunities, but he will not work and/or remain in the U.S. during that trip.

Michael J. Gurfinkel has been a licensed attorney in California for 21 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.

His offices are located at 219 North Brand Boulevard, Glendale, California, 91203 Telephone: (818) 543-5800. His Makati office is located at Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines; Telephone: 894-0258 or 894-0239. For more information about the Law Offices of Michael J. Gurfinkel, and to read previously published articles, please visit our website at www.gurfinkel.com

(This is for informational purposes only, and reflects the firm’s opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)