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Old 01-20-2011, 11:44 AM
 
Location: Durham UK
1,996 posts, read 2,111,712 times
Reputation: 1018
i've recently heard of several people that have been in the US on investment non-immigrant visas and then been denied investment Green Cards.
I think one of the reasons may have to do with how many people you employ in your business.
I don't believe owning property makes a difference.

I wonder what level of education the OP has?
In the current US economy the business may be seen as an opportunity that a US citizen could fullfill ie what special talents/or higher level qualifications does the business owner have that mean that he is better able to fullfill the web business market requirement than a US citizen?

I assume there was a reason that the OP didn't apply for an investment green card rather than going for the lottery. This is probably one of the reasons that the GC was declined.

ADD

Yes, they are obsessed with occupational categories on the O-net.
This is one of the reasons it's so hard for RNs to get H-1b visas even if they have a Bachelors degree and the job they obtain states that a BSN is required.
Basically USCIS doen't believe that it's necessary for RN to have a BSN to do a specialist RN job.

In the meantime it's possible to get your US RN by doing a 2 yr Associates degree which may only give you around 500 hours of clinical experience.
Even some of the BSNs only have 800hrs.

The whole system is very frustrating.

As UK citizens we weren't allowed to apply for the visa lottery.

I am an RN (US and UK) and went through 18 months of immigration hoops before being allowed to sit the US nursing exam (credential evaluation etc)
Cost of around $1000.
I have 23 years exp as a RN and a BSN, plus some Masters education.
I worked as a Specialist Nurse educator and practioner in Stroke.

I was offered a job in 2007 and the hospital sponsored me for EB-3, but then the retrogression kicked in and the current wait for me is still around 4-5 years.

In the meantime my husband got his Masters degree and was offered a job which qualified for H-1b so we are here on a 3 yr non-immigrant visa, so I can't work.

He is now applying for EB-2 GC,but he has to go throught labor certification ie job has to be advertised and he has to get letters from all his past employers in the UK (some of whom are no longer in business).

Once he gets his GC I will get one and can do any job I want rather than being a RN.

In theory this means the US may lose a valuable, experienced RN at a time when many of the baby boomers will be retiring.

I look at some of the people my husband works with who have Master degrees in IT and wonder what makes them more valuable to the US than me.

We have paid property taxes here in the USA since 2006, 3 years before we moved her permanently, so that means nothing either.
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Old 01-20-2011, 12:16 PM
 
Location: 3rd rock from the sun
3,858 posts, read 3,621,434 times
Reputation: 1748
In my case (family based) the "interview" was through a teller cage window and not much more than a document review - and to make sure I was a real person. The DV Lottery just moves you to the front of the line - you still have to meet eligibility criteria. I suspect there is something missing - like high school graduation or equivalent - that tripped up the OP.
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Old 01-20-2011, 01:25 PM
 
Location: Traveling again
2,535 posts, read 1,033,486 times
Reputation: 6050
Quote:
Originally Posted by Whatsthenews View Post
i've recently heard of several people that have been in the US on investment non-immigrant visas and then been denied investment Green Cards.
I think one of the reasons may have to do with how many people you employ in your business.
I don't believe owning property makes a difference.

I wonder what level of education the OP has?
In the current US economy the business may be seen as an opportunity that a US citizen could fullfill ie what special talents/or higher level qualifications does the business owner have that mean that he is better able to fullfill the web business market requirement than a US citizen?

I assume there was a reason that the OP didn't apply for an investment green card rather than going for the lottery. This is probably one of the reasons that the GC was declined.

ADD

Yes, they are obsessed with occupational categories on the O-net.
This is one of the reasons it's so hard for RNs to get H-1b visas even if they have a Bachelors degree and the job they obtain states that a BSN is required.
Basically USCIS doen't believe that it's necessary for RN to have a BSN to do a specialist RN job.

In the meantime it's possible to get your US RN by doing a 2 yr Associates degree which may only give you around 500 hours of clinical experience.
Even some of the BSNs only have 800hrs.

The whole system is very frustrating.

As UK citizens we weren't allowed to apply for the visa lottery.

I am an RN (US and UK) and went through 18 months of immigration hoops before being allowed to sit the US nursing exam (credential evaluation etc)
Cost of around $1000.
I have 23 years exp as a RN and a BSN, plus some Masters education.
I worked as a Specialist Nurse educator and practioner in Stroke.

I was offered a job in 2007 and the hospital sponsored me for EB-3, but then the retrogression kicked in and the current wait for me is still around 4-5 years.

In the meantime my husband got his Masters degree and was offered a job which qualified for H-1b so we are here on a 3 yr non-immigrant visa, so I can't work.

He is now applying for EB-2 GC,but he has to go throught labor certification ie job has to be advertised and he has to get letters from all his past employers in the UK (some of whom are no longer in business).

Once he gets his GC I will get one and can do any job I want rather than being a RN.

In theory this means the US may lose a valuable, experienced RN at a time when many of the baby boomers will be retiring.

I look at some of the people my husband works with who have Master degrees in IT and wonder what makes them more valuable to the US than me.

We have paid property taxes here in the USA since 2006, 3 years before we moved her permanently, so that means nothing either.
The longer you have to wait... the more money you contribute to the US economy. For the government, its a win win situation. For you it's not so "cut and dry". Whether they give you the green card or not, you have contributed to taxes and spending. So it's like saying, "thanks for helping feed our economy but that's as far as it goes". You pay immigration fees, appeal and re-appeal fees and lawyer fees and penalty fees, etc and you still may not get the green card. It's really up to the agents and location processing your documents. They may be backed up.

But then there are some people who get their visa and green card without any problem at all.

For some professions, there are not a large number of US citizens or permanent residents doing that kind of work so they process green cards for those occupations "differently".

It seems people who are not professionals but who are poor and coming from impoverish environments (no criminal history) get green cards with less problems, not all but most. It could be that there is a need for uneducated or undereducated people to do the jobs in the US most educated people won't do.

I know that they allocate a specific amount of visas and green cards per year and process them in the order in which they receive them. And they have hundreds of thousands of people applying to live here in the US every year. If they are backed up, your wait will be extended a bit longer. I hope they can fix that problem soon.
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Old 01-20-2011, 01:27 PM
 
Location: Traveling again
2,535 posts, read 1,033,486 times
Reputation: 6050
Quote:
Originally Posted by Gary Siete View Post
In my case (family based) the "interview" was through a teller cage window and not much more than a document review - and to make sure I was a real person. The DV Lottery just moves you to the front of the line - you still have to meet eligibility criteria. I suspect there is something missing - like high school graduation or equivalent - that tripped up the OP.
I agree... there is more to the OP story than what he/she was stated.
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Old 01-20-2011, 01:55 PM
 
19,378 posts, read 13,792,407 times
Reputation: 13137
Jasperz why not explore the potential of moving your base of operations up to Canada,might be easier to become a landed immigrant then you could go to America just for vacations.
We got healthcare
We got a bi lingual country.
Friendly people..
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Old 01-20-2011, 05:53 PM
 
59 posts, read 60,897 times
Reputation: 46
Quote:
Originally Posted by Vichel View Post
So I'm assuming you don't have a high school diploma/certificate or its equivalent? And that's why you went for the Work Experience option? Or how does it work? Do you choose which one you want to try to qualify for?
Hello Vichel, Indeed, i didn't pass the highscool diploma (called "bac") and then went to a business school (same as an US college) and left after two years because my web business was booming (it was 1995).


Quote:
Originally Posted by jambo101 View Post
jasperz, before paying a lawyer all kinds of money for non guaranteed results why not forget the lottery win which sounds like a scam anyway and just try to enter the country as a permanent resident through normal channels..
Well i can't unfortunately. People like me, with an investor visa (E2) can't ask for a greencard unless they invest 1 million USD in their business (and by invest, i mean spend it. Hard to do in a web business, and i don't want to invest money just because i have to in order to have a GC).


Quote:
Originally Posted by jambo101 View Post
Jasperz why not explore the potential of moving your base of operations up to Canada,might be easier to become a landed immigrant then you could go to America just for vacations.
We got healthcare
We got a bi lingual country.
Friendly people..
Well there's the weather factor :-) And the taxes are definitively not the same in Canada unfortunately... But you're right, i find canadian people reallly friendly indeed. I'm a little skeptical about their immigration policy though :-)
I thought of Australia also, but i think it's even more harder to have an immigrant visa there than in the US, and i must admit i always loved the us ...


Another thing i found odd : I had to take a medical exam for my green card. They checked my lungs for tumor and stuff like that. People with bad lungs can't have a green card. Then i was tested for syphilis. Again, people with syphilis can't have a green card too. But my doctor told me Obama's administration decided to stop testing applicants for HIV. So people with hiv can, ultimately, have a green card, but not people with syphilis, a relatively rare disease treatable with antibiotics. Odd isn't it ? I've read on the LA Times, US expect to welcome 4500 immigrants with HIV per year and that it will cost 25.000 USD to treat each one of them (per year ?).
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Old 01-20-2011, 08:31 PM
 
Location: Durham UK
1,996 posts, read 2,111,712 times
Reputation: 1018
Quote:
Originally Posted by lookup138 View Post
The longer you have to wait... the more money you contribute to the US economy. For the government, its a win win situation. For you it's not so "cut and dry". Whether they give you the green card or not, you have contributed to taxes and spending. So it's like saying, "thanks for helping feed our economy but that's as far as it goes". You pay immigration fees, appeal and re-appeal fees and lawyer fees and penalty fees, etc and you still may not get the green card. It's really up to the agents and location processing your documents. They may be backed up.

But then there are some people who get their visa and green card without any problem at all.

For some professions, there are not a large number of US citizens or permanent residents doing that kind of work so they process green cards for those occupations "differently".

It seems people who are not professionals but who are poor and coming from impoverish environments (no criminal history) get green cards with less problems, not all but most. It could be that there is a need for uneducated or undereducated people to do the jobs in the US most educated people won't do.

I know that they allocate a specific amount of visas and green cards per year and process them in the order in which they receive them. And they have hundreds of thousands of people applying to live here in the US every year. If they are backed up, your wait will be extended a bit longer. I hope they can fix that problem soon.
Yep.
I never understand how 1 country is not allowed to take more than a certain percentage of the Green cards in each category each year.
This might seem like good sense, except that the available numbers for for family categories are far higher than those for employment and around 500,000 people from a single country got family based GC last year.

However, because most people from Europe are applying through employment , the number of Europeans getting GC each year is very small.
Last year only 17,000 people from the UK got GC, but we aren't allowed to apply for the lottery!

You might think that your experience, English being your native tongue and your occupation being classified as a shortage occupation by the US Department of labor might make a difference.

I know many RNs that have chosen to go to Canada or Australia due to the backlog. Many of these will be the younger, less experienced nurses who just want to work abroad for a while.

We were committed to the US so that wasn't an option for us.
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Old 01-20-2011, 08:50 PM
 
Location: Durham UK
1,996 posts, read 2,111,712 times
Reputation: 1018
Quote:
Originally Posted by jasperz View Post
Hello Vichel, Indeed, i didn't pass the highscool diploma (called "bac") and then went to a business school (same as an US college) and left after two years because my web business was booming (it was 1995).




Well i can't unfortunately. People like me, with an investor visa (E2) can't ask for a greencard unless they invest 1 million USD in their business (and by invest, i mean spend it. Hard to do in a web business, and i don't want to invest money just because i have to in order to have a GC).




Well there's the weather factor :-) And the taxes are definitively not the same in Canada unfortunately... But you're right, i find canadian people reallly friendly indeed. I'm a little skeptical about their immigration policy though :-)
I thought of Australia also, but i think it's even more harder to have an immigrant visa there than in the US, and i must admit i always loved the us ...


Another thing i found odd : I had to take a medical exam for my green card. They checked my lungs for tumor and stuff like that. People with bad lungs can't have a green card. Then i was tested for syphilis. Again, people with syphilis can't have a green card too. But my doctor told me Obama's administration decided to stop testing applicants for HIV. So people with hiv can, ultimately, have a green card, but not people with syphilis, a relatively rare disease treatable with antibiotics. Odd isn't it ? I've read on the LA Times, US expect to welcome 4500 immigrants with HIV per year and that it will cost 25.000 USD to treat each one of them (per year ?).
CDC removed HIV infection as a communicable disease of public health significance due to current scientific knowledge of the disease. HIV status was added to the U.S. regulations on visa eligibility in 1987, but since that time, much more has become known about HIV and how it is spread. Most notably, public health science has proven that immigrants and refugees with HIV infection do not pose a risk to the publicís health by entering the United States because HIV is preventable and is not spread through casual contact.
The new final rule means that a personís HIV status would not prevent them from entering the United States. As a result, testing for HIV is no longer required as part of the U.S. immigration medical screening process, and people with HIV infection no longer require a waiver for entry into the United States.
Once the rule is in effect, applicants who were previously refused visas only under INA Section 212(a)(1)(A)(i) because they were HIV positive, may be eligible for visas and may reapply.

HIV is not as virulent as some other sexually transmitted viruses, and it would be incorrect to say that syphilis is rare- look at the stats for Europe and the USA.
It is only treatable if you know you have it, and is an extremely nasty virus, especially in pregnant women and it also facilitates the transmission of HIV due to the ulceration it causes.

There are so many misconceptions regarding HIV.

Interestingly they don't test for Hepatitis B, but many states vaccinate all children against it.

750000 people in the United States are living with sexually acquired hepatitis B infection. It's far more virulent than HIV.
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Old 01-23-2011, 04:09 PM
 
Location: Maryland
16,825 posts, read 6,633,191 times
Reputation: 5184
Quote:
Originally Posted by jasperz View Post
Hello,

I won the DV lottery (i was extatic!) and had the final interview a few days ago in the US embassy in Paris (i'm french, sorry for the grammatical mistakes by the way). I had the feeling everything will be ok since i'm already living in the US, on an investor visa. I invested a large amount of money in my business here. I had bank statements showing 6 figures, the deed of 2 appartments i bought in the US, a resume showing my experience as an entrepreneur and a manager. I'm still relatively young, 35, and i have a good health.

It seems all this stuff was not enough because the consulate of the embassy (consulate, is this word right ?) told me my application was declined since i was working in the web industry (design & publishing) and she was adament that this kind of business experience doesn't give me the right to have a greencard. (they don't have a problem with me paying a large amount of taxes in the US with my web business under my investor visa though...)

To say i'm disappointed is an euphemism. I'm pretty bitter actually to be honnest. I'm feeling that people who will contribute less than me to the US economy are being accepted, when i'm not, and i think the reason about the web industry is ridiculous to say the least. I'm not feeling the love here, I don't undestand this policy and the good it should have for the country, especially with this economy, and i now begin to question myself about staying here.

So my question is, despite what i've been told, do you think i have a chance fighting this decision, with the help of a lawyer or there's no chance ? Has someone ever had the same experience ???

Thank you for your answers
The French are eligible for the DV lottery? As for the investor part I believe you have to show that your investment created 10 jobs to be considered.

As for your feeling you are correct we import people from places like Somalia and Pakistan who have an alien culture hell bent on our destruction. The governing elites prefer these people to you because they can pat their backs about being open minded and embracing diversity.
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Old 01-24-2011, 08:18 AM
 
Location: Durham UK
1,996 posts, read 2,111,712 times
Reputation: 1018
Quote:
Originally Posted by EdwardA View Post
The French are eligible for the DV lottery? As for the investor part I believe you have to show that your investment created 10 jobs to be considered.

As for your feeling you are correct we import people from places like Somalia and Pakistan who have an alien culture hell bent on our destruction. The governing elites prefer these people to you because they can pat their backs about being open minded and embracing diversity.
It may be diverse, but there is a huge difference in the numbers per country

2009 Green cards (total allocated1,130,818) [SIZE=2][/SIZE]Numbers by country-(from USCIS immigration yearbook)

Europe [SIZE=2]105,398[/SIZE][SIZE=2][/SIZE]
[SIZE=2]Mexico[/SIZE]
[SIZE=2]164,920[/SIZE]


Dominican Republic
49,414

Cuba
[SIZE=2]38,954[/SIZE]

[SIZE=2]China[/SIZE]
[SIZE=2][SIZE=2]64,238[/SIZE]

Bangladesh[/SIZE]

[SIZE=2]16,651[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]Germany[/SIZE]
[SIZE=2]7,583[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]Iran[/SIZE]
[SIZE=2]18,553[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]Ireland[/SIZE]
[SIZE=2]1,637[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]Phillipines[/SIZE]
[SIZE=2]60,029[/SIZE]
[SIZE=2][/SIZE]
[SIZE=2]Somalia[/SIZE]
[SIZE=2]13,390[/SIZE]
[SIZE=2]United Kingdom 15,748[/SIZE]




[SIZE=2]
[SIZE=2][/SIZE][/SIZE]
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