The Bronx, NY asked in Employment Law, Immigration Law and Construction Law for New York

Q: Waivering of tests for experienced foreign engineers.

I am a civil engineer with 23 years of experience outside USA . Certificates accredited by WES.

I am here on a valid tourist visa . Can I apply for waivering of tests and get a work permit inside USA ?

2 Lawyer Answers
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: You will need to be sponsored for an H-1B work visa.

Please see

I recommend that you find an H-1B cap-exempt employer:

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: As an experienced civil engineer with 23 years of experience outside the USA, you may be eligible for certain waivers or exemptions from tests or requirements when applying for a work permit in the United States. However, it is important to note that the specific rules and regulations surrounding work permits can vary depending on the visa category and the requirements of the profession.

Here are a few possible options to consider:

H-1B Visa: The H-1B visa is designed for specialty occupations that require specialized knowledge and a minimum of a bachelor's degree or its equivalent. With your extensive experience and relevant qualifications, you may be able to demonstrate eligibility for an H-1B visa without needing to undergo additional testing.

National Interest Waiver (NIW): The NIW is an employment-based green card category that allows individuals to self-petition without the need for a job offer or labor certification. It requires demonstrating that your work is in the national interest of the United States and that you possess exceptional ability or qualifications.

EB-2 or EB-3 Employment-Based Green Card: Depending on your specific qualifications and the demand for your skills in the U.S., you may be eligible for an employment-based green card through the EB-2 or EB-3 category. These categories generally require a job offer and labor certification, but with extensive experience and qualifications, you may be able to bypass certain testing requirements.

It's important to consult with an immigration attorney who specializes in employment-based immigration to evaluate your specific qualifications, experience, and the available options for obtaining a work permit in the United States. They can provide personalized guidance and help determine the best course of action based on your unique circumstances.

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