American Work Permit/Visa situation for UK Citizen

spherrod

Diamond Member
Mar 21, 2003
3,897
0
0
www.steveherrod.com
Hi all,

I need some advice and any experiences you may have about the situation for a UK citizen who wants to work in the US. I'll fill you in on a little background.

My brother-in-law is currently doing a PHD and as part of his degree has taken part in an exchange program with ASU. He spent Summer 2005 in Arizona and really enjoyed his time there - he also met someone and fell in love whilst there.

This summer he went back and has been heavily involved in the Piper Center at ASU

http://www.asu.edu/pipercwcenter/

He's been doing web work and creative writing and as such was asked to apply for a position that is vacant there. This was on the understanding that the correct visa would take 3 months or so to arrange so he flew back to the UK last week to do a few months teaching whilst they decided whether to go ahead with his appointment and arrange the necessary visa.

Unfortunately last night he received an email to say that he would not be getting the job. One of those responsible for this role also said that it wouldn't have been impossible to employ him anyway under American employment law (which begs the question - why did they bother to interview him in the first place?).

Anyway - assuming that this job is now dead in the water - can anyone advise as to what the exact process is? I assume my bro-in-law needs to be offered a job (and there may be stipulations that he can only be offered a job if no US applicant can be found) and then get a visa application as normal?

Also, had he been accepted for this job then it is highly likely that he would have proposed to his US girlfriend sometime next year. Although it's not a great option, what are the implications if they decide to get married soon? Someone has told him that even if they marry in the US (and are able to convince the authorities that it's not a marriage of convenience) he won't be able to get a job for a 2 year period anyway - is that right?

Would it make any difference if they were married in the UK? Probably not but if anyone knows that would be a big help.

Thanks in advance for reading and any advice you can give. If you have any questions feel free to ask, and I'll try and fill in any missing information.

:beer:

Cliffs:

1. UK citizen wants job in US
2. Does marriage in US (or UK) affect this in any way?
 

z0mb13

Lifer
May 19, 2002
18,106
1
76
regarding the job, the company should apply a work visa (h1b) for him. a work visa is not hard to get, but it does have quota issues.

probably the company that interviewed him thought that they dont want the hassle to apply for a h1 for him

regardng the marriage, I think if he marries an american anywhere then he can start a process to become a citizen as well. The process does take a while but after he filed the application he should be able to work.
 

spherrod

Diamond Member
Mar 21, 2003
3,897
0
0
www.steveherrod.com
Originally posted by: z0mb13
regarding the job, the company should apply a work visa (h1b) for him. a work visa is not hard to get, but it does have quota issues.

probably the company that interviewed him thought that they dont want the hassle to apply for a h1 for him

regardng the marriage, I think if he marries an american anywhere then he can start a process to become a citizen as well. The process does take a while but after he filed the application he should be able to work.

interesting - thanks for the response. Were he to become a US citizen would that revoke his British citizenship or would he be able to have both (dual nationality?)
 

z0mb13

Lifer
May 19, 2002
18,106
1
76
Originally posted by: spherrod
Originally posted by: z0mb13
regarding the job, the company should apply a work visa (h1b) for him. a work visa is not hard to get, but it does have quota issues.

probably the company that interviewed him thought that they dont want the hassle to apply for a h1 for him

regardng the marriage, I think if he marries an american anywhere then he can start a process to become a citizen as well. The process does take a while but after he filed the application he should be able to work.

interesting - thanks for the response. Were he to become a US citizen would that revoke his British citizenship or would he be able to have both (dual nationality?)

regarding dual nationality it really depends on the country. I know US allows dual citizenship, but I dont know if UK does. so if UK does allow it, then dual citizenship is ok.
 

AnyMal

Lifer
Nov 21, 2001
15,780
0
76
Originally posted by: z0mb13
Originally posted by: spherrod
Originally posted by: z0mb13
regarding the job, the company should apply a work visa (h1b) for him. a work visa is not hard to get, but it does have quota issues.

probably the company that interviewed him thought that they dont want the hassle to apply for a h1 for him

regardng the marriage, I think if he marries an american anywhere then he can start a process to become a citizen as well. The process does take a while but after he filed the application he should be able to work.

interesting - thanks for the response. Were he to become a US citizen would that revoke his British citizenship or would he be able to have both (dual nationality?)

regarding dual nationality it really depends on the country. I know US allows dual citizenship, but I dont know if UK does. so if UK does allow it, then dual citizenship is ok.

Since when does US allow dual citizenship? I know when I became a US citizen I had to renounce my old citizenship.
 

IHAVEAQUESTION

Golden Member
Nov 30, 2005
1,061
3
81
ASU is not subjected to H1B quota since it's a non-for-profit organization. ASU can apply H1B for your brother if he gets the job offer. They probably just want to avoid the hassle or they might have a policy not to sponsor for staff position (assuming it's a staff position).