Working In New York

America is a country built on the backs of immigrants, most of whom passed through the harbours of New York. Today, the ports of entry may have become more dispersed, but New York is still a major destination for those seeking employment from abroad.

About 14 million workers in the United States are foreign, with an estimated five million of them ‘undocumented’, or illegal. The percentage of foreign workers in New York is split between the service industries and large overseas companies, particularly those in banking, finance and computers. Because New York is home to many different cultures, you will find that most religions and ethnicities are tolerated and embraced.

Once employed in New York, you will most likely find that the job you worked so hard to get looks after you pretty well. An increasing number of companies have created casual Fridays and instituted programmes such as yoga classes and group field trips to museums. It is important to research the work environment of a company well before accepting a position. With work hours lengthening, you don’t want to be stuck somewhere you hate to go every day.

Salaries

New York is an expensive city to live in and consequently, the salaries are generally higher. However, you will find that you will not necessarily save any of the money you earn. New Yorkers generally spend over half their salary on rent and then a large proportion on dinner and going out. Take this as par for the course.

Speaking English

English is not the official language of the United States, but even if it were, New York would be the exception to the rule. There are some neighbourhoods where one need never speak English, such as the ever growing Chinese community in lower Manhattan’s Chinatown, or the burgeoning Spanish Harlem in the north. However, if you plan on ever leaving Harlem and Chinatown to seek employment, you will find it difficult if you do not have at least an intermediate grasp of English. Those who speak one or more languages fluently are at a great advantage. With record-breaking numbers of tourists visiting NYC, companies are always looking to hire those who speak anything from Hindi to Persian.

Types of Work Visas

B-1 Business Visitor Visa: Foreigners interested in visiting the United States for exploratory business purposes that do not involve receiving salary or payment are eligible to apply for a B-1 business visitor visa. Additional screening and interviews are required at most United States Embassies and Consulates in order to attain this type of visa. They are valid for six months at a time.
TN Visa: a temporary work visa available only to citizens of Mexico and Canada under the North American Free Trade Agreement (NAFTA).

H-1B Visa: this enables professionals in ‘speciality occupations’, who can prove they can make a valuable contribution to the American economy, to live in the US. Examples of these occupations include accounting, computer specialists, engineers, financial analysts, doctors, nurses, scientists, architects and lawyers. The H-1B visa generally only applies to those with a higher education and requires a labour attestation, issued by the Secretary of Labor, and a letter of petition from an employer. A maximum of 65,000 H-1B visas are issued every year, are good for three years, and can be extended to a maximum of six years. An H1-B visa holder can apply for a Green Card if a company wants to sponsor his application.

H-2B Visa: This allows people to come to the United States temporarily, mainly for non-agricultural jobs in skilled and unskilled professions for which the US has a short supply of workers. A higher education is not needed for this type of visa and up to 66,000 H-2B visas are issued every year.

E-3 Visa: This type of temporary work visa is only available to Australian citizens. It is usually issued for two years at a time and only for those going to the US to work in a ‘specialty occupation.’ The spouses and children of E-3 visa holders are entitled to E-3D (dependent) visas and work authorisation, and need not be Australian citizens. The annual quota for this is 10,500 - very high in relative terms and usually easier to attain than H-1B visas. They can also be renewed indefinitely in two-year increments.

L-1 Visa: This is for workers employed outside the United States but whose company wishes to transfer them to the United States, and who are in higher positions which require specialised knowledge. A petition and application must be made to the US embassy for this visa and can be done through your company, who must also prove that you have been employed with them for at least a year. There are no quota restrictions for this visa, making it easier to attain than an H-1B, and children and spouses can accompany you with an L-2 visa.

Setting Up a Business

There are a few complications involved in starting a business in America without full residency status. A foreign national is allowed to start a business on a B-1 visa – although you cannot then manage that business. To legally manage your own business in the US you will need employment authorisation, such as an H-1B visa. The H-1B visa also poses a problem however: while you can start a business with it, you cannot draw a salary from that business, since ‘work authorization for H-1B foreign specialty workers is employer-specific (ie. limited to employment with the approved employer/petitioner).’

As an H1-B visa holder, you can apply for permanent residency status in the US, as ‘H-1B foreign specialty workers are not required to maintain foreign residence and may seek permanent residence in the US.’ Once you have obtained permanent residency status, you can start and operate your business without constraints.

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