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I have heard cautionary tales about how difficult (and expensive) it is for US companies to sponsor a European professional for a legal working permit, but I would like to hear from a more reputable source like the Stack Exchange crowd.

How hard is it for a European IT professional to get a job in the USA?

My particular case is the one of a Spanish videogame developer currently working in a small Spanish studio looking to go work in a country with a more seasoned videogame industry, but the general answer for any European Union national IT professional is welcome as well.

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Spain is a member of the European Union, the Eurozone and the Schengen Area, answers for Spain will be a lot different than, for example, answers for Croatia or Switzerland. Even answers for countries that belong to all three unions may differ, each member state have different bilateral agreements with the US. – Yannis May 24 '12 at 23:12
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The trick is getting Permanent Resident status. This can get you started: en.wikipedia.org/wiki/Permanent_residence_%28United_States%29 It's not too easy unless you were to marry a US citizen. – jfrankcarr May 25 '12 at 4:12
Yannis: You are right. I clarified my question specifying EU nationals. jfrakcarr: Thanks for the link, it's very helpful. Additionally, I would like to know how willing are IT (or videogame) companies to undertake the EB process for IT (or videogame) professionals. – rsanchezsaez May 25 '12 at 9:48
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@rsanchezsaez - It depends a lot on the company and it's culture. I do see a number of companies sponsoring Indian citizens because they already have a lot of Indians working for them. People from other countries, not as much. – jfrankcarr May 25 '12 at 11:59
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Please Note: Visas and permanent resident are VERY different!! I went thru both! – Michael Durrant May 25 '12 at 15:57
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3 Answers

up vote 8 down vote accepted

You are really asking two questions here:

1: How hard is for an european IT professional to get a job in the USA?

Same as anywhere else. Depends on regional factors, industry, your skills and level of experience and - most importantly - what connections you have.

2: Visas and work permits

I started down that road a few years ago. Gave up as the red tape was just killing me. Also, the idea of basically being indentured to my employer for 5 years seemed less and less appealing. I hear they have loosened that up a bit though.

The H1B work permit and green-card quotas for employment-based immigration gets wildly over-subscribed each year so you need both luck and timing. The H1B application window opens April 1 so you need to have your application ready and in before then to even have a chance and it'll still be a lottery since every year the number of applications will exceed the quota on the first day already.

For a green-card, the waiting period is measured in years for EB3 (professional/employment based immigration) so unless you secure an H1B work permit (under the dual intent model) before applying for a green-card, you'll need to find an employer who can sponsor you with the promise to hire you in 6+ years from now (not super-easy). It can't be a hollow promise either as the employment will be follow up on by the government and if it turns out that the job is not bona-fide, you can get your green-card revoked and be deported.

Depending on the situation, your employer might also have to obtain a certification from the department of labor where they have to demonstrate that they are unable to find an American to hire for your intended role. Securing this is very dependent on where in the US you are and what industry you are in. Finding a certain skill-set might be very easy in one place but not in another. Regardless, your employer will be making a sizable investment in you, both in time and effort and you will, likewise, be very dependent on that employer for a number of years so unless you have connections or know some potential employers, it might not be that easy to get the required support.

As for everything else in the US, this is not something that you will want to do yourself There are lawyers specializing in immigration and either you or, preferable, your employer will need to retain one to navigate the maze of red tape, forms and bureaucracy that is US immigration.

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Thanks for the detailed answer. The intention of my question was actually 'How difficult will be to find a company willing to help you with the 2. part of your answer?'. I infer from your answer that finding a company that would be ready to do that would be quite difficult. Another idea comes to mind: Maybe it's easier if you are hired in a multinational company, you start working for them in a less immigration-restrictive country, and then relocate to the US. Could that be right? – rsanchezsaez May 25 '12 at 18:26
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@rsanchezsaez Since the process of bringing a foreigner into the US for work is more difficult than hiring an American, the employer will need to have some incentive to do so. It's impossible to give any quantifiable answer on "how hard" it would be. Things that make it easier are: do you know or have a personal relationship with the employer? Do you have skills and/or experiences that a prospective employer can't easily find locally? – pap May 28 '12 at 7:17
pap: Thanks for the clarification! – rsanchezsaez May 28 '12 at 11:05
up vote 4 down vote

I had a j-1 via, then a h1b (professional, 3 year) then a H1B extension.

Finally a green card! What did it take?

Actually just a good lawyer who know what 'language' to write on the various application forms. It's really not that hard if you are determined.

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+1 for lawyer. I gave up on the H1B though (was on a J1 for a stint as well). Not so much a problem with me but my employer had too many H1B's on the payroll and they were having trouble getting the labor certification. – pap May 28 '12 at 11:51
On average, how much the fees for an immigration layer requesting visas can be? – rsanchezsaez Jan 18 at 10:32
Something like 3,000... but that was 25 years ago... – Michael Durrant Jan 18 at 15:23
up vote 2 down vote

I went the typical path H1B-> H1B -> Green Card

The process is time consuming, cumbersome and expensive. You will need a "good" lawyer but these tend to charge many 100s of $ per hour. It's most helpful to have the hiring company fully on board and drive (and pay) for the process. Basically the sponsoring company has to prove that no one in the US is either willing or capable of filling the position. That requires crafting a really specific job description (that ideally only fits you) and the job needs to shopped around domestically. If you have an advanced academic background you could do also try the category "outstanding researcher". There are a few more categories for artists, people with lots of money, etc.

The whole process is burdensome for the sponsoring company so some simply won't do it, especially at the moment where unemployment is high and many companies can meet their needs from the domestic labor pool. However, if they do, it means that they like you very much and that they feel you are great addition to their workforce. That's a pretty good starting point for a new career!!

It's doable, if

  1. you can find a company that is wiling to sponsor you.
  2. that company puts that into a written offer BEFORE you move. You can't move without an H1B anyway, but it's really helpful to get the Green Card sponsorship in writing
  3. You feel comfortable staying with the company for at least 5 years. You CANNOT change employers while on an H1B.
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