I have a friend who wishes to immigrate to the US in the future. However, they do not currently meet any eligibility requirements for a green card nor do they have a sponsor for a non-immigrant visa at this time. They will be coming to visit the US soon, under the Visa Waiver Program.
While they are mainly coming for tourism and social purposes, my friend also hopes that the visit can be used to find proper sponsorship for a green card or work visa. However, I understand that the VWP does not allow for dual-intent like a work visa generally does. This raises some questions.
- If employment is found prior to their currently-planned trip, is it possible to change/cancel the VWP permit to have a green card or work visa granted for the trip instead?
- While in the US under the VWP, may they apply for US-based jobs and attend interviews (under the condition that work does not begin while still under the VWP)?
- If employment is found while on this trip, will they need to return to their home country before a green card or work visa can be granted? If so, for how long?