Recent developments in visa policy have shifted away from offering employers as many options to hire foreign workers as possible, with only certain visas allowed under specific circumstances. This is problematic because most large corporations rely heavily on being able to access cheap immigrant labor when they need it.
There has been an ongoing debate about whether this shift towards more restrictive employment visas is due to concerns over abuse of the existing system or if it is motivated by fear that immigrants will take jobs that should go to American citizens.
Whatever your opinion is of these policies, there are some visas that can’t be used for work. The ones you find yourself asking questions about the most are the H-1B and L-1A nonimmigrant status categories.
These two visas allow companies to employ foreigners for up to six years in positions that require at least a bachelor’s degree or higher. Beyond that time frame, additional requirements make it difficult to renew their stay in America permanently.
But what if someone already holds one of these visas and wants to use it for a job? That person could face a very hard time proving his or her intended employment! More often than not, proof comes in the form of a Certificate of Eligibility (COE) or Evidence of Ability to Do Business In USA. Both of those items must exist before being accepted at a Departmental Consular Office (DCO).
A lot of people get confused about what kind of employment visa they must have prior to arriving in Australia. They believe that if you have an offer of employment, then you don’t need any other type of visa. This is not true!
You will still need to prove that you have enough money to stay in Australia for your own personal spending. You also need to be able to prove that you will leave Australia at the end of your visit (known as a return trip visa). Even though you do not need an offer of employment when applying for a visa, it is helpful to have it because employers may ask why you are looking for work here.
We can help you find the right level of sponsorship for yourself or your family so you know exactly what documents you will need to bring with you. Visit our Get Help section to read more.
Many employers look at whether you have a job offer or are willing to accept a position as one of their main determining factors in granting you a non-immigrant work visa. If this is the case, then your visa can be approved on the basis of having these professional skills.
In fact, some countries even require that you advertise your employment opportunities before they will grant you permission to live and work there. This is called requiring an employer visa.
So what kind of jobs qualify you for a visa status? Any profession that meets the requirements set out by international organizations is okay. These include but are not limited to: medicine, engineering, architecture, teaching, accounting, finance, etc.
Business professionals like myself who already hold a visa may still find it helpful to know about other possible ways to obtain a work permit. By adding additional components to your career profile, we can prove that we are able to do our job well enough to satisfy the requirement.
Being able to show that you have a job is one of the most important things in determining if you can live in Australia as a resident. It’s also a pretty easy thing to do, but not every country allows it!
In fact, many countries don’t even seem to require proof of employment beyond your passport. So how does someone with no work experience and no money manage this?
We discuss some strategies here! But before diving into those, let's look at what kind of visas we're talking about. We will go over which ones are possible depending on your situation, as well as whether or not you need to apply for a visa at all.
What is a Visa For Employed?
A visa for employed status means that you are living and working in Australia as an employee of a business or organization. This would include jobs such as:
Full time academic staff member at university
Part time bar worker
Temporary office manager position
Seasonal farm hand
If you are granted this type of visa, you must be travelling away from home for less than six months. You cannot extend your stay past this limit unless you qualify for another visa (more on these later). And remember, if you are self-employed and earning income, you should still consider yourself employed.
Being able to show you’re looking for employment is one of the most important things when applying for a non-visa related work permit in Australia. It can be tricky trying to find that balance, however — making it clear your intentions but not overdoing it so that you look like you are actively searching for work.
It’s very common to see people who apply for visas because they don’t want to leave their current job or position before finding another one, but a few red flags may indicate something more than just poor leadership or management skills.
If someone has made comments about how hard employees will have to work under their leadership, or if they seem overly concerned with appearing successful at work, this may indicate that they wouldn’t succeed as an employee themselves and could potentially hurt workplace relationships.
Changing your visa status while already inside a country is a common query among foreign workers and international students. For instance, you might be on a tourist visa in the U.S. and have found an employer willing to hire you. Can you change your status without leaving the country?
Generally, for countries like the U.S., it is possible to adjust your status without departing. However, this process is complex, subject to various conditions, and can be time-consuming. It's essential to get legal advice and understand the implications of adjusting status. For instance, if your application gets denied, you might need to leave immediately, impacting your future visa applications.
Furthermore, the visa change process could be different in other countries. It's essential to check the host country's immigration rules before making any decisions.
Overstaying your visa duration can have serious consequences. When you overstay, it essentially means you are in the country without a valid visa, which is illegal. The repercussions vary depending on the country's immigration laws but generally include:
1. Fines and Penalties: Most countries will levy a fine on individuals who have overstayed their visa.
2. Deportation: Overstaying might lead to deportation at your own expense, and the deportation process can be both humiliating and distressing.
3. Ban from Re-entering: Some countries will bar you from coming back for a specific period or indefinitely, depending on how long you overstayed.
4. Impact on Future Visa Applications: Your overstay can be recorded, and when you apply for visas to other countries, it may count against you. Immigration officials around the world look unfavorably on visa overstays when assessing future visa applications.
If you realize you have overstayed or are likely to, it's crucial to seek advice from an immigration lawyer immediately. In some cases, if you approach immigration officials proactively and in good faith, they might provide a grace period or advise you on the best course of action. Always respect the visa guidelines and duration to avoid complications and ensure smooth travels.
Visas allow you to enter or leave the country. There are several different categories of visas, dependent upon your purpose for traveling and which country you will be visiting.
Visitor visas are normally only valid for a set amount of time (usually one year) and can be extended once if you have proof you will remain in the area after that period of time. Some visitor visas do not require proof of return travel, but it is best to have this prepared just in case.
Worker visas are longer term and are usually tied to employment. A working visa is needed when entering into an employee/employer relationship, therefore employers typically gather all necessary documents and notes before submitting applications for workers’ permits.
Student visas are limited to specific amounts of time outside of normal work hours so most students maintain student health insurance as proof of return travel.
The second type of visa status is called ‘employment’. This allows you to work in Australia as long as your employment meets our immigration laws and regulations. You must also meet certain health requirements, be able to speak English, and have enough money to stay here if you are unable to find accommodation or transport after you leave.
It’s important to note that working without a visa is illegal so please make sure you know what visa rules apply to you.
To work in Canada as an employee, you must have a valid employment contract that includes your job title and position. You also need to have adequate proof of health insurance coverage and income to support yourself while here.
Visas give Canadian citizens and immigrants the opportunity to live and work in Canada. Without visas, employers would be very difficult to find and hiring enough people without jobs is not a good situation!
Most countries grant working visas to their most-wanted professionals through what’s called the skilled worker program. Applicants under this category must prove they are qualified to do the job and that there are no qualified Canadians available to take the position.
Programs like this exist to help ensure quality employment opportunities for Canadians who may be looking for more flexible time frames or lower pay than someone with higher qualifications can offer.
When you apply for employment, your prospective employer must verify your visa status by checking whether you have valid visas or not. If they find out that you do not, then it is likely that you will be rejected from working there!
This can very seriously hurt your career because employers look at how well someone handles difficult situations as an indicator of their leadership potential. In fact, a large number of companies now require employees to confirm that they have the appropriate work permits before offering them employment.
So what happens if you run into issues with obtaining immigration documents or visa stamps?
It’s definitely frustrating, but unfortunately, things like this happen all too frequently in our increasingly globalized world. Unfortunately, when people break the law, they should expect to face the consequences of their actions.
