US Visa and SSN

[Tarnished]

Dear All,

Need to plumb the depths of Ppruners US visa knowledge. I'm working in the states at present on an E1 (Treaty Trader) Visa, on the strength of that my spouse is allowed to work and we have both got valid SSNs. Our 19year old is with us and going to finish his college course in the summer, but the E1 visa privelages do not allow dependants (other than spouse) to obtain and EAD (Employment Authorisation Document) and subsequent SSN. When we obtained the visas at the US embasy in London 2 years ago the woman there told us that son would be able to work. However, it appears she was wrong. Son is undersandably gutted and wants to stay here, but unless we can find a way to get an SSN looks like he will be forced to move back to the UK, which does not sit well with any of us.

I have looked into the immigration websites and can't see a way around our dilema.

Do any of you know different or have any of you had similar problems??

Thanks for any responses.

Tarnished

[CSilvera]

You mean a valid work visa, right? Because anybody can apply for a social security number--it's needed even if you just open a bank account. Having one does not make you legal to work here though.

[slim_slag]

A guy called Carl Shusterman is one of the more respected US immigration attorneys, look him up and see whether he can come up with something. He will cost you though.

[Tarnished]

Thanks for the name, I'll give him a try.

What we are after is a visa that allows my son to work. A visa that will get him an EAD (employment authoriasation document) which in turn is the way to getting a SSN.

Tarnished

[fernytickles]

Yuck, poor guy. Its horrible being in limbo with visas - I spent nearly 4 years in a similar situation and wouldn't wish it on my worst enemy :(
Before you go to the lawyer, try searching, or posting on http://forums.british-expats.com/viewforum.php?f=2&sid=38f1581e99ec578dbad162263fccc006
I don't know if you already know of that forum, but there is some useful info to be found on there.
When we first moved here, I was on a B visa, so was not allowed to work. Although there was a SSN in my name from living here 15 years ago, the local SSN office would not let me access it as I didn't have a work visa. Later, when the employment authorisation card came through as part of the green card application process, they were happy to hand over the SSN.
Also, have you tried calling the customer service number on the www.uscis.gov page. I had to call them in the autumn and after the long wait to get to someone, they were civil, stuck to the facts and were helpful within their limitations.
Good luck, fingers crossed you can get this worked out favourably...

[doomie]

If it helps in anyway, i've just gone through the K1 (marriage) visa process, and i'm now in the process of gaining work authorization (EAD), becoming a legal permanent resident with intention of gaining US Citizenship 3 years down the line.

From what I understand, the E1 is a nonimmigrant trading visa, enabling non US citizens to trade (and live) within the US. From looking at the visa information, E1 spouses can apply for a work permit and go to school, but children can only do the latter.
The problem, unfortunately, is that you're not classed as a US Citizen (or legal resident) thus neither are your spouse or children. This is going to be the major problem.
Now, if your son can somehow get his hands on an H1B visa, maybe through work sponsorship, that could open up some other opportunities.

Not anyone can gain an US social security number though; you need to prove your either a US Citizen, or show your immigration status and/or work eligibility. I was able to gain one through the K1 visa.

Personally speaking, my first port of call would be to visit your local Government Immigration or work related office in your 'home US' town, before shelling for an immigration lawyer.

For what it's worth, we did our own paperwork for the K1 visa. So far it's cost us around $800, but that was just for the filing fee and various postage. I would hate to think what an immigration lawyer would charge, as all they really would be doing is filling out and submitting the paperwork.

As fernytickles suggested, go look at british-expats.com. While it mainly deals with marriage/family based visas, it may also be worth looking at www.visajourney.com

I wish you the best of luck with your task !
(please note, I could be wrong in any of the above information, so please do not take it as 'the facts'. Do your own research; I just have an active interest in all things Immigration wise, due to what we've been through !)

Doomie

[Tarnished]

Thanks Doomie and Fernytickles.

Doomie has it absolutely right about son on E1 visa.

What do you guys know about "non-skilled/ non-experienced" getting a H1B visa? I'm also looking into my wife getting a visa on her on merits under the skilled worker, scarce resources (nurse), which seems to be progressing well. But as I read it son is unlikely to find an employer who would honestly be able to say that my son can fill a position that cannot be filled locally.

Keep the ideas coming guys.

Thanks

Tarnished

[fernytickles]

Is your son interested in some more studying where he could get a visa to work at the subject for which he studied? Like the flight schools offer. I'm posting this page because its one I could access quickly - http://www.pelican-airways.com/visas.htm
What about the organisation(s) who originally sponsored your move to the US? Can they offer some help through access to an immigration lawyer?

[doomie]

Tarnished, regarding the H1B visa.

If you can find a company which is willing to sponsor your son, then that's good.
Unfortunately, the company offering to sponsor the visa has to prove that they're finding it impossible to fill the position from 'local applicants', and hence why they're offering it to a foreigner.
The problem is that as your son is currently at college, he probably will not be able to qualify for an H1B. There are different categories which you can apply under. If you don't have a degree, or are not classed as 'of special interest', then you need to prove x many years of experience related to the area of work which you're being sponsored to work in.

Now, just to add further salt into the wounds, there are only a specific number of H1B visas available per year. That quota fills up pretty quickly; i.e. within the first few months of the year.

As I said in my previous postings, don't take my advice 'as is'. It's just the information we've found out.

Ferrytickles -
As far as I know, you cannot work on either the M1 or J1 visa.

Hopefully a visit to your local immigration office should reveal some good news !

Doomie,

[Tarnished]

Thanks Cool Hand, the "family unity" approach is the most promising route I think. Will give it a go.

[Desert Diner]

From previous experience, It's a quagmire.

My best advice is to get yourself a good lawyer (preferably from a large firm experienced in visa matters).

It may cost you money (much more now then in the good old days) but it will save you a lot of time, leg work and headaches if you were to try to sort it out on your own.

[fly_sd]

As far as I know an EAD is only issued to people who are pending adjustment to Green Card status. Normally I believe getting on an H1-B requires at least an undergarduate degree. I think the application will get thrown out if that min requirement is not met. You can investigate other work visas like H2 (don't know too much about it myself). I came to the US on an H1-B but I'm single so no idea about the rules for dependents.
Since this is an immigration related question to be honest I think you would be better off asking this on an immigration related forum rather than aviation. Here is a forum I have used in the past and have found it very useful - link deleted. You can also check out a few lawyers websites for further info - link deleted, link deleted are a couple that come to mind.

The rules of PPRune do not allow links to commercial sites, which those are. You need to send them by PM to the enquirer and then all is peace and light:)

[derekl]

[Edited by author to remove name and link to law firm -- sorry, didn't realise this contravened the PPRune rules. Will PM.]

[fly_sd]

As far as I know an EAD is only issued to people who are pending adjustment to Green Card status. Normally I believe getting on an H1-B requires at least an undergarduate degree. I think the application will get thrown out if that min requirement is not met. You can investigate other work visas like H2 (don't know too much about it myself). I came to the US on an H1-B but I'm single so no idea about the rules for dependents.
Since this is an immigration related question to be honest I think you would be better off asking this on an immigration related forum rather than aviation. Here is a forum I have used in the past and have found it very useful - link deleted. You can also check out a few lawyers websites for further info - link deleted, link deleted are a couple that come to mind.
The rules of PPRune do not allow links to commercial sites, which those are. You need to send them by PM to the enquirer and then all is peace and light:)
Oh OK - will PM. Did not realize that was against the rules although the forum site while sponsored by a immigration law firm itself is just a forum.

[Roadtrip]

Must be frustrating when 11 million illegal aliens, most of them walking across the southern border are in this country, live in the US with impunity, having anchor babies, getting free health care, and welfare.

But you follow the rules and get screwed. What a great society, eh?

[fly_sd]

Without a doubt a hot political issue in this country. To some extend true as I recall the amount of paperwork my company lawyer had to file for my Green Card. However, I'm not sure that the original poster is getting screwed - he has just got a visa that has some annoying rules to it and many visas have such rules. No doubt the immigration system here could do with some reform.

However, about illegal immigrants not sure how much of this is true although I've heard some say these things. As for free healthcare and welfare - highly doubt it - how can they get free welfare without an SSN. And as I recall you do need to go to the SS office with the correct documentation to get the SSN - at least this is what I recall.

[EricCartman]

I entered the US way back when on the H2-B and have regrets over paying the lawyer for the help ($2000) for visa that only lasted 12 mos.

The best route is probably the H1 route or the Permanent Residence based on an application proving that he is "not replaceable by an american."

That process was called the "Dept of Labor" certification. But the best route will be the academic route with a work / study where the yanks are short handed - i.e. science. Any field that requires science, math, or computers might make it easier due to shortage of skilled labor in that area.

I am dating myself however, as I went through all this in 1995. Canada is a breeze and highly recommended plan B for him if he gives up on USA stuff.

[rudestuff]

Perhaps a little lateral thinking is required...

Why not go and get yourself Cuban citizenship - and a jetski.

Its only 90 miles to the florida keys and once there you'll get your work authorisation the next day!