Legal Question in Immigration Law in New York
Hello,
I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. My OPT nevertheless expires at the end of this year and i am looking for ways to stay and work in the US legally. As far as my research as lead me, jobs based on commission are a valid criteria for a green card. Do I have any other options.
Thank You for your time.
1 Answer from Attorneys
As a self-employed real estate agent, you can't stay as there are no appropriate visas. If employed by a compnay, they have to petition for your green card.
Unless you are married to and petitioned by a US citizen spouse, the employment-based green cards are supposed to be petitioned by an employer (with a rare few exceptions where a foreign worker can self-petition, which doesn't apply for a real estate agent working on commission).
The non-immigrant work visa is H-1B visa (specialty occupation where a petition is filed by a US employer). For an H-1B, you have to hurry ot make it into the 2011 quota.
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