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15
- Working in the Usa
For a
short term stay :
You can enter the United States for less than
three months, as a tourist, without a visa. A valid
passport is sufficient. But in these conditions it
is strictly forbidden to look for work.
If by any chance you should be offered a job, one
way to get around the law,is to work for an
employer based in France and get your salary paid
in France. But, be careful : 40,000 French people
reside clandestinely in the USA and only 3000 visas
are given every year. The police are very strict
with offenders.
For a longer stay :
If you want to stay more than 3 months, a
tourist visa B2 or a business visa B1 is advisable.
It is valid 6 months and can be prolonged, but it
does not authorize you to work for an American
company. There is a better chance (to get a green
card) if you marry an American citizen.
In any case don't hesitate to ask the people
working in the American administration for all the
information pertaining to your rights and your
chances, to make sure that you don't break any
regulations. The American Embassy in Paris will
help you with the necessary steps: 2, rue St
Florentin, 75008 Paris.
Health Insurance :
In a work contract examine the clause "health
insurance". When does it start? Who is covered?
What is covered?
Medicare (a similar service to our social
security)
Hospital bills are reimbursed less certain
deductions, for the first 60 days, after which the
cost is $130 a day for a month, $260 a day for the
next 2 months and following that all the bills are
paid.
The cost of a health card in America, for someone
under 30, is about 2600FF a year, and it includes
the reimbursements of medicines, hospitalization,
repatriation for health reasons, third-party
liability and legal assistance. The Avassist system
includes complementary insurances for car
rental.
See further down for the conditions necessary to
obtain the American social security card via the
employer.
Creating a company :
Creating a company is easier for people who
invest in the country. A foreign implantation is
subjected to the Federal fiscality and regulations
and also to the State (locally) for its fiscality.
Certain states are practically exonerated from
taxes (Texas : 2.5% tax on the profits and 0
dollars of income tax; in New York the tax on the
profits is 9%).
The ministerial advisor for economic and commercial
affairs with the French Embassy in Washington, is
Mr Jean Daniel Gardère. He can give you all
the necessary assistance concerning investment
projects in the United States.
It is to be noted that the latest unemployment rate
is 5.7%.
The Midwest has a regional growth rate of 5% (the
national average is 3%), thus making it an ideal
area to start up a company.
The Post of Economic Expansion in Chicago can send
you a study on the distribution in the consumer
goods sector. (PEE Chicago 69 pages).
Exporters should get to know the tax free zones or
"Foreign Trade Zones".
Each State proposes various advantages to favour
investment. It's up to you to see the regions which
hold economic promise for the future.
With a high rate of unemployment 5.7%, you must
know that :
- 11% of the active population work in
agriculture (that is 6% of the GNP)
- the mining industry employs 5% of the active
population (6% of the GNP)
- 24% of the working population are in industry
(25% of the GNP)
- other sectors employ 60% of the working
population (63% of the GNP)
Before you leave :
It is advisable to take English lessons, or to
improve your level.
Entry formalities :
You can enter the United States with a
passport.
If you are employed in a French or an international
company you don't have to worry about the
formalities, usually the administrative services
deal with the formalities linked to the
registration of the entire expatriate staff, unless
you are the only representative of your company in
the country (a salesman, or in charge of a liaison
bureau, etc.), in this case you have to deal with
all the formalities yourself.
To get your resident's permit, you have to give
your employer a certain number of administrative
papers so that he can constitute a dossier before
you leave :
- a copy of your passport
- a medical certificate
- the work contract
-a certificate showing your police record
- a copy of your birth certificate
Preparing the departure and the job search :
You can start to search for information by
writing to associations of French people already
established in the USA, by contacting economic
development services, commercial services in
American banks in France or French banks in the
USA.
The French Consulate in each region runs a service
dealing with employment and training, and can put
you in touch with local companies willing to employ
French people.
The French Chamber of Commerce also offers
information on the job market, the sectors of the
economy which have the best results, and they edit
a bulletin reserved for French companies or
American members.
You could publish a job application.
The PEE (Poste d'Expansion Economique) or the CFCE
in Paris offers a list of French companies
established in the USA.
The cultural service in the American Embassy in
Paris has documents about the country
available.
You could prepare your departure more decisively by
requesting a personalized appointment at the
Chamber of Commerce to get the advice of a
professional in order to complete the information
you have already gathered during your initial
research or through your contacts.
We advise you to avoid companies specialized in
immigration.
At the same time as you look for information, you
could contact companies and send job applications
spontaneously proposing your services.
Where to look for job offers?
In the French press (Le Monde, France Soir,
Figaro, Moniteur du Bâtiment, expat magazine,
etc...) for French exporting companies.
Most of the major papers such as :
The New York Times (229 West 43d St, New York
NY 10036),
The Los Angeles Times (Times Mirror Square, Los
Angeles, California 90053),
The San Francisco Chronicle,
The National Business Employment Weekly,
Employment plus,
France-USA Contacts (3 rue Larochelle 75014
Paris)
The International Herald Tribune (181 Av. Ch. de
Gaulle, 92200 Neuilly sur
Seine)
The Wall Street Journal (200 Liberty St, New York,
NY 10281)
The Washington Post (1150, 15th St NW , Washington
DC 20071)
have job offers.
In the USA networks like Internet are widely
used.
Most of the employment data banks can be consulted
on Internet on subscription,or can be accessed
using a modem to telecharge the information and
advertisements.
The international press also advertises job offers
abroad, often for European companies.
"Expat Newsletter International Job Opportunities"
presents a wide selection of advertisements each
month on various destinations, particularly for the
USA , which you can find directly on Internet at
the following address :
http://www.expat.tm.fr/.
French
organizations overseas publish bulletins : Le trait
d'union by the l'Alliance Française and
other publications by the CCI and the
PEE.
Recruitment
and our advice :
Your CV :
It must be very clear, with plenty of details,
written in English, and accompanied by a hand
written letter. Keep the information concerning
your family life very short.
Emphasize any international experience and your
main experience in France. Your competence and
experience are very important, usually more so than
any diplomas. Don't hesitate to expand on your
strong points and any determining factors in your
experience .
In the United States the fighting spirit is very
important, it shows up your will to outdo yourself
for your company.
The job interview :
For the interview, whichever kind of job you are
looking for, we advise you to always dress
accordingly. Americans are very sensitive to your
dress and your presentation.
Interviews are often very short during a
preselection but can last several hours if your
candidacy interests them, depending on the post
offered, and if you have to sit psychotechnical
(handwriting analysis) or aptitude tests.
Be careful not to appear pretentious on your
know-how, or exagerate your professional
capacities. Their profession competence is solid
and their recruitment methods are tried and
tested.
Don't forget that the unemployment rate is high in
America so don't underestimate a job interview
which is difficult to obtain.
Stress rather your capabilities, your ease of
adaption, your mobility, your capacity for
teamwork, your desire to bring in your experience
.
It doesn't do any harm to be modest, which may
reflect favorably with your interviewer and help to
establish a good dialogue.
Conclusion :
It is difficult
to find a job in the United States, but if you
really want to have a career there, work tirelessly
at it and stay motivated whatever
happens.
Your covering letter explaining your motivation
should point out, between the lines, the fact that
you are the indispensable candidate for your future
employer.
The job market and unemployment :
The whole family is going and your partner
would certainly like to work also. It should be
noted that French companies seldom engage a
partner, and that embassies, consulates or other
official organizations will not find work for
someone locally.
The Club's advice :
Go to the States on behalf of a French company
or for its American subsidiary.
On arrival in the United States the
immigration inspector will give you a
form 1-94 (registering departure and arrival, where
the type of visa obtained and the expiry date is
noted).
The length of the stay is fixed by the visa, it is
forbidden to stay longer in the United States. You
have to prolong your visa, going via the
Immigration and Naturalization Service.
Non-professional travel
You have to have a valid passport. If the stay
is shorter than three months, a visa is unnecessary
so long as you have a return air ticket.
If you are combining a stay in Canada with one in
the United States, you don't necessarily need a
visa, but you have to pay a tax at the border.
You can, if you wish, ask for a B-2 visa for
temporary visitors. On no account can you accept a
job offer on the strength of this visa; on the
contrary it is better to go back to France and
apply for a visa which will give you the right to
work in the United States.
To obtain this visa you just have to write
explaining your project (to discover America). The
waiting period goes from a day to a week. You will
be allowed to stay for a period of 6 months that
you can renew once for another 6 months; you have
to ask for the renewal 45 days before the expiry
date of your first stay.
Professional stay :
The 'Green Card' authorizes foreigners to
reside in the United States for an unlimited period
and to have any job. You can change jobs without
problems, which is very difficult to do with a
temporary visa.
It is difficult to get this green card, there are
three different ways of going about it (each one
having a quota) :
- by marrying an American citizen
- by winning the yearly 'green card' lottery
- by having a job offer
Obtaining a green card is much easier if you are
married to an American citizen or are related to
one. Visas are granted in priority to : partners of
American citizens and their children under 21 years
old, unmarried children of American citizens who
are over 21, partners and children of permanent
residents.
To obtain it, your partner, or the person you are
related to, must petition the INS and make an
official demand to immigration if you are still
living in France, or ask to ajust the situation if
you are already residing in the USA.
In addition you have to supply a financial dossier
which proves that you dispose of sufficient funds
to live in the United States.
If your request for the green card is based on a
job offer, you have a good chance to get it. But
you must know that the job offer is not enough, you
also must be highly qualified or interested in
investing in the USA. "Priority Workers" are
accepted first : Nobel prize winners, professors,
scientists or directors of multinationals. Then,
top professionals who have exceptional capacities
in the world of science, art or business.
After that comes skilled professional workers and
non-skilled workers, followed by employees of
religious organizations. Business men are at the
end of the list in the green card priorities.
To obtain this card : for professionals it is
necessary to have an equivalent diploma or degree
(bachelor's or master's), workers must imperatively
have at least two years experience and be
specialized in a domain in which no American could
do the work. Requests must be made to the INS and
the Labor Department by the employer.
16
- Formalities to be completed
The
waiting period is long, several months, maybe even
several years. But the most difficult thing is to
find an employer.
You could get a green card through the lottery,
everyone can participate if the conditions are
respected. You have to have passed your
baccalaureat or have had a professional activity
for at least 2 years; you must be born in a country
which has the right to participate in the lottery
(France is authorized). Only one participation per
person.
To obtain all the particulars concerning this
lottery (inscription dates, conditions) you should
address the American Embassy in Paris, or the
French consular office in New York, or the
INS.
DIFFERENT VISAS TO WORK IN THE UNITED STATES
Visas for non immigrants
These are visas for temporary work, limited in
the time length, designated by a letter of the
alphabet which indicates the category, by a number
and by another letter. Certain visas allow you to
work, others not. Each category is divided into one
or several sub-categories. There exist 54 different
categories and sub-categories of visas for
non-immigrants.
Visas for immigrants :
With these you can obtain the "green card",
which is no longer green but is white and salmon
pink.
Non-immigrants can make their demand with the
American consulate in France, the visas are
delivered by the State Department, the equivalent
of the Ministry of Foreign Affairs.
Demands concerning immigrants must be made to the
INS (Immigration and Naturalization Service). These
visas are delivered by the Minister of Justice.
You can get all the relevant information about
these visas from the Visas Service in Paris by
telephone from 2 pm till 5 pm, 7 days a week
(except on French and American national holidays)
.
The principal visas for temporary work :
The visa J-1 if you are participating in an
exchange programme.
This one makes up 30% of the total of temporary
work visas. Concerning jobs, it permits small jobs,
and jobs in particular companies and 'au pair'
jobs.
To obtain it you have to go via an organization
proposing exchange programmes which is recognized
by the American government and more precisely, by
the State Department.
Visa F-1 or M-1 for students
These visas will enable you to stay for some time
after obtaining your degree. Make enquiries. What
you must know is that a year of studies in an
American university costs between 3000 and 25000
dollars , lessons, lodging and food included.
Visa Q is used for cultural exchanges , for example
an employer who might need one is Epcot Center,
Disney World... or other organizations concerned
with international education exchanges. The OMI
(Office des Migrations Internationales) can give
you information depending on what you intend to
do.
In fact they can give you the IAP-66 which is a
certificate of eligibility. You will have to wait
several days or weeks to obtain it and the
authorized length of stay is from a few weeks to 18
months maximum. On top of that its price is between
600 and 900 francs to which you have to add the
consular fees (120 - 170 frs).
The H visa is reserved for professionals and highly
skilled workers.
There are several sub-categories, 2 of which are
very useful : the H-1B (for highly qualified
professionals) and the H-1A (for nurses). The
length of stay which this visa authorizes is
longer, up to 3 years, and it can be renewed once.
It is more difficult to obtain than the J-1 visa,
and it is the employer who must make the demand. It
is also more expensive than the J-1 visa. You will
have to find an employer willing to help you (the
employer should pay for the visa) to obtain the
papers.
You must have a degree or at least have several
years experience in your domain, in fact the
Immigration and Naturalization Service insists on 3
years' experience to make up for the number of
university years missing.
The employer has to make a demand to the Labor
Department for the Labor Condition Application form
in which he has to give information concerning the
prospective employee as well as the working
conditions surrounding the job which must be the
same as those of the other American employees in
the company. But before doing this the employer
must check that the foreign employee is not takng
the place of an American, for this reason he must
advertise the job to give priority to Americans and
only if no American comes forward as a candidate
can the position be offered to a foreigner. As well
as that he must be able to prove that the employee
is qualified for the proposed job. Lastly, he has
to obtain the authorization of the INS, the notice
of approval.
The waiting period for this visa is several months
and it costs the same as the visa J-1.
For investors, under the terms of an investment
treaty, the E - 2 visa permits the creation of a
company or a business. Foreigners coming from a
country which has signed a treaty with the US can
ask for this visa, France is eligible.
There are however three conditions to be able to
obtain this visa :
- You have to
invest a large amount of money, there is no minimum
sum stated but generally you have to invest between
250,000 and 500,000 US$. If you do not have such a
large sum you have to be able to prove that your
project is valid.
- The administration has to have proof that the
investment involves a commercial business and not a
passive investment. In order to prove it you have
to create a dossier with a business plan showing
all the information concerning your future company
(activity, objective, logistical and human
resources, legal structure and financial
previsions). This dossier will enable the
administration to judge the viability of your
project and decide whether or not to accord you a
visa.
- The major part of the investment must be provided
by the applicant, that is 50% for large investments
and 70% for investments of less than 100,000
US$.
The visa is usually delivered during or before the
first investments. There is a waiting period of
several months. The length of the authorized stay
is one year, but it is renewable by asking the INS
for a 2 year prolongation, which is accorded or not
depending on the way the company is working.
The cost is the same as for the previous visas.
Another potentially useful visa is the B -1 visa.
Intended for people moving temporarily to the US,
either for a business trip or to look around with
the intention of creating a company (look for
premises, staff, etc...) The demand for this visa
must be made in writing, if it concerns business
travel on behalf of your employer it should be
written by the employer himself. If it is to create
a company you have to furnish a full dossier on
your project.
The waiting
period is one week and the permitted length of stay
is 6 months, to be renewed once for another 6
months by the INS. You have to formulate a demand
for an extension 45 days before your visa
expires.
Citizenship :
Dual citizenship
is not allowed. If you choose to be an American
citizen, once you have settled in the States, if
you are male and over 18 years old you must sign up
for military service.
17
- Health &
Medecine
Vaccinations :
No vaccination is
obligatory, but the usual vaccines (tetanos, polio
and typhoid) are recommended. Hepatitis B is
advisable if the stay is a long one.
Ensure that the
work contract guarantees a complementary medical
aid if you are staying for a long time as medical
care is very expensive. If it is not the case take
out an all-risk insurance coverage.
Social security number.
For the J-1 visa
dossier it is necessary to obtain a SS number. But
for the visas F-1, M-1, H-2B, H -3, Q the tax will
automatically be deducted from your
salary.
You have to ask
for it at the American Embassy or the general
consulate and will have to wait 4 to 6 months
before receiving a number. At the consulate you
will have to furnish proof that you have received a
work visa; you will also have to give your passport
and the 1-94 form completed. If you don't present
the documents asked for you could have your demand
rejected with the words "Not Valid for
Employment".
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