Perhaps the biggest misunderstanding people have about my visa situation is that it isn't that stressful and there's easy solutions to every issue. I wish that was the case. My story is not unique at all, but hardly anyone really knows or seeks to understand the issues that can befall documented immigrants who time out of various visas. Here's my story:
I moved to the United States in July 2007 as a dependent on my Dad's visa. He was working for an American company and requested a transfer to the US. I think I was on an L2 visa at the time. I didn't really have any issues with that at all because I was under the guidance of my Dad. We did have to travel back to renew in 2010 but that was about the only "issue", if you can even call it that. I got to visit home and see family so it was actually lovely! Then, I moved over to an H4 visa, which was also a dependent visa for my Dad's H-1B.
My situation changed when I turned 21. Actually, just before. I was in my final year at the University of Texas when I received information that when I became "of age" I would not be eligible to remain as a dependent on my Dad's visa, despite having acquired time towards a Green Card. I had to go to the campus International Office and start paperwork to move my visa over to an F1 student visa, the one international students get. I couldn't understand how that was fair. I had been in the US for five years at that point. I didn't have a choice, however, and a really nice guy named Meneleke helped me get my paperwork sorted so that I would be in legal status by the time I turned 21 on November 11, 2012.
To be honest, even before the switch to the F-1 visa, my situation wasn't ideal. I couldn't work on a dependent visa so I wasn't able to gain hardly any experience that would help my resume apart from unpaid internships. I even wrote to the campus European Studies department asking them to please let me work with the for free for the experience and they said they couldn't legally allow me to because of my visa. I was grateful to work for two websites in blogging and social media as an unpaid intern for experience but I couldn't bulk up my resume enough to even be considered as a viable candidate for most jobs.
I read that in 2015 they implemented an H4 EAD:
The H4 EAD rule was implemented back in 2015 because the United States wanted to retain skilled foreign workers. They also wanted to lower the number of interruptions to U.S. businesses, as they were causing foreigners to not want to stay in the States anymore. Therefore, the H4 EAD was made with the thought of giving some peace of mind to H1B visa holders, as well as their families. This is helpful while these families are trying to transition to lawful permanent resident status. Not to mention that the rule can decrease the economic burdens that these families used to deal with.
I am so happy to hear this has been updated. Annoying that it wasn't able to be the case for me, but I know this update has and will help so many people. I also read that this topic is under the microscope again with President Biden.
So, I was on an F-1 and getting through my last semester of university when I was made aware that I would now need to get an EAD. EAD stands for Employment Authorization Document. It is part of the OPT (Optional Practical Training) which allows you to work in the US for one year in an area within your academic discipline with the intent of either leaving to your home country when it expires or beginning the process to an H-1B work visa. I had to sit through an orientation on this where they explained how everything would work and all the protocols we had to keep while in this added year. So, now I would be adjusting my visa to an F-1 OPT in order to work after graduation.
I got a job in project management after graduation through my parents' friend who was the chairman of the company. It wasn't related to my academic discipline (I studied history) but I couldn't find a job because my resume was so underwhelming given that I couldn't work while in college. I had worked there about 8 months or so when I had to start thinking about that H-1B visa. It takes a great deal of work and protocols to get that process started. My company was gracious enough to offer to sponsor so they had to advertise my job in public for a bit and then they have to work the Department of Labor and other places. Then the paperwork begins. If I get anything incorrect on my forms, my application can be removed. The filing fee for one form is about $500.
At this time, I began looking at graduate school. It would offer me a way to stay in the US a bit longer and would also allow me to pursue my dream of working in fashion, one that I had deterred myself from during undergrad. Long story short, I got a call from the lawyer working on my behalf one day at work that all their other clients had received their acceptance and the fact that I hadn't by that point (I think it was May), it was a sure sign that my application was denied. I remember standing out in the hall and trying to remain cool as my friend Leslie, who worked at the front desk, was right there. Then, I told the lawyer thank you for working with me and I walked into the bathroom and cried. About five minutes later I came out and went back to work like my whole world hadn't been turned upside down. I left my job on June 16, 2014. A year exactly since I started, just like my OPT had stipulated. It's kind of ironic because when I worked in the HR department doing odd jobs for them, part of that work was to verify people's visas through E-Verify. I remember thinking to myself each time I saw an OPT or an H-1B, "God, I hope you guys make it work better than I am."
A few days later, my Dad texts me that I am going to graduate school! And now I have to transition to an F-1 visa... again. I do that. I work hard in school. I get to my last semester and boom -- I am having to do paperwork for an OPT... again. I remember going to the International Office, this time at Texas State University, and the guy there filling out my paperwork with me. I tell him how I am so over all this and he nods sympathetically. Then he goes, "Have you seen the movie The Proposal with Ryan Reynolds? Might be something to think about..." If you haven't seen that movie, it's about Margaret Tate (Sandra Bullock) who leaves her visa paperwork to basically expire because she's from Canada and didn't think it would be an issue. She basically blackmails her assistant, Andrew (Ryan Reynolds) into marrying her so she can get a spousal visa. They have to learn about each other within weeks in order to pass their inspection. I laughed but I remember thinking, "this dude works with visas for a living and he knows how hard it is that he's encouraging me to marry someone for a visa". It was nuts!
A year or so later, UT Martin is kind enough to sponsor me for my H-1B. Hurray! I finally will get a work visa. This visa is only in 3 years stints, mind, so you have to renew (or attempt to renew) again or go through tedious amounts of paperwork if you transfer to a new employer. Did I mention that this type of visa is also subject to a cap? So you may not even get one if the places are filled. Thankfully, for me, academia is cap-exempt so I am not subject to limitations. I got my H-1B in 2017... ten years after moving here. Then two years after I am on that visa, in April 2019, I am no longer eligible for my job. Then, in January, when I am trying to look for a job, COVID-19 hits and I am searching for a job AND needing a visa in a pandemic when the unemployment rate at that time was 18 million people. I can't tell you how much I cried and stressed. Then, my job needed me back and would sponsor an additional 3 years. I had about two weeks to get my paperwork done, all while Trump had suspended premium processing. So, if I got my paperwork in, I would be waiting months for my visa. I called USCIS before the pandemic and I think they said it was 6-8 months wait then. I got all my paperwork in record-time for me. I was trying to teach and was scanning passports and 12 year documents, every visa I'd ever had, all my grades, etc. Basically my whole life was scanned to a lawyer.
Then, I had a lucky break. Premium processing was opened up again about two days after my paperwork was sent in. We paid for it and then I had my application accepted in weeks. Phew! Now, I am in the same position again, but this time seeking to transfer my visa to a new employer.
It is frustrating. I am not perfect for every job, but I work hard. I have overcome so much adversity to get where I am. I have published my writing and was awarded for it and none of it seems to matter. I have to click 'yes' on every application when they ask, "Will you now or in the future require sponsorship for visa status?" I just know that diminishes my chances significantly. What the reads to an employer is likely two things, 1. I am recent immigrant (I am not) and 2. I will cost them more money than a citizen (which is true, at least at first). I can't tell you the amount of times I have sat working on LinkedIn and just bowed my head and cried because of this situation.
I don't think this is a situation I should be in. It isn't fair. It's not. I work hard. I pay taxes. I have never even been pulled over for speeding. I do everything "right" and yet I spend every year of my life in limbo. My situation is not CLOSE to the horrifying lives others live across the world so please do not feel sorry for me in that way, but I sometimes feel like I can't feel truly free because I always have this in the back of my mind. I can't apply for "grabbing coffee for people" jobs, even though I 100% would, because they won't pay for a visa for something so minimal. I have to choose my companies carefully to make sure they have the capabilities to sponsor. It is a mess.
So, when people say, "well, can't you just do this..." I want to scream. No, I can't. It is so difficult. I feel like a burden on my parents. They had to pay for my entire schooling because I couldn't work or get aid and now they have to worry about me with this. I am 29 years old and I want to settle into a stable life. I have a second bedroom in my home that I use for storage. I have never made it a room because I never feel stable. I keep it full of boxes for when I need them. I have had to look up how much it would cost to take Milo to the UK in cargo and whether it is safe for him. I will be applying for international jobs... just in case.
I joke a lot about being an immigrant and deportation. That's my defense mechanism - humor. This is the reality. I have a good life! This is just a snippet of my story, but it's the one that has kept me up at night since 2012.
I hope this has helped you to understand ONE of the stories of immigration. There are so many others; some beautiful and some hard. I am so grateful to be here. I have had incredible opportunities and I don't regret my life here for a second. I just wish it could be a bit easier. Also, please know we aren't trying to "steal your jobs". I couldn't even if I wanted to. Ha!
Albert Einstein said, "Adversity introduces man to himself." In this case, woman, but I agree. I am not made of hard stuff like my parents but I do know I can find it when I need to. After all, I have been for nine years.
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