ASK THE CONSUL: VICE CONSUL ERIK BLACK DISCUSSES WORKING LONG-TERM IN THE UNITED STATES

Hello and welcome to the latest edition of the U.S. Embassy's "Ask the Consul" podcasts. As you know, every month we explore an area of general interest related to traveling, working, or living in the United States.

We have recently finished adjudicating some of the last applicants for this year's Summer Work and Travel program. Generally, these applicants were well qualified and are now happily experiencing a different culture as they work in the United States.

We do receive many questions, however, on other opportunities to work in the United States beyond the Summer Work and Travel program, particularly among adults who have already received their degree and entered the full-time work force.

The first question is if there is a legal process that allows Ukrainians to work in the United States. The answer to that question is, of course, yes. Ukrainians with specialized skills in a variety of fields as well as temporary or seasonal workers have received temporary employment visas to work in the United States. Last year we issued approximately 5,500 temporary work visas to Ukrainians. These visas were for both the Summer Work and Travel participants as well as longer term temporary visas known as H and L visas.

This answer naturally leads to the question of what the legal process is that allows people to work in the United States.

Before I discuss that, however, I would like to first point out that in order to work legally in the United States, one must always secure employment before obtaining a visa to go to the United States. It is always illegal to work in the United States on a temporary tourist or business visa.

That said, the process to get a nonimmigrant visa to work temporarily in the United States actually begins with the prospective employer. If an employer in the United States wants to hire a foreign employee, they have to file a "Petition for Nonimmigrant Worker" (I-129) with the Department of Homeland Security or DHS. Once this petition is approved by DHS, the employer is sent a notice of action (I-797). The consular officer can only issue a visa if the approved petition or the original notice of action is submitted with the nonimmigrant visa application.

It must be kept in mind as well that simply having the approved petition does not guarantee a visa. Each applicant must still qualify for their visa based on the provisions of the Immigration and Nationality Act.

The final question I'd like to answer today deals with employment agencies. Many employers in the United States and many Ukrainians go through employment agencies that attempt to match interested employees with jobs. This is an acceptable practice and there are many legitimate employment agencies in Ukraine. But the question is, how does one know whether or not the agency is legitimate?

The Consular section encourages all nonimmigrant visa applicants to conduct due diligence in researching prospective employers before scheduling their visa interview with the consular section. This could involve doing simple searches on the web about the company or talking to other Ukrainians that have had contact, good or bad, with the company.

The easiest way to tell if an employment agency is illegitimate, though, is if they encourage you to break the law, they are not legitimate. If, for example, they encourage you to try and get a tourist visa (B) to work in the United States, that is a sign that they are no good. Another sign would be if they tell you to withhold information during your visa interview or lie to a consular officer. Remember, lying to a consular officer has serious consequences and may even result in receiving a lifetime ban from ever getting a visa.

The Consular section cares about Ukrainians who want to work in the United States. Ukrainians contribute to our society in very positive ways. Therefore, we also want to make sure that no one is taken advantage of. By going through the proper procedures, working with reputable companies and getting the appropriate visa, you can have a fulfilling, rewarding, and beneficial experience in the United States.

Thank you.