shained

Hi All,

I am currently in discussions with my employer about transferring to our San Diego branch. This is looking likely to be greenlit by the company at some point this week at which point I imagine we will be looking into gaining myself a visa, which I believe will be the L-1.

The question I have is would my partner be able to come with me to San Diego and be able to work?

We are not currently married. My partner has a university degree and has extensive experience in teaching and care working.

Any advice would be greatly appreciated.

Thanks
Sean

Nutmegger

Unless you are married, she would only be able to work if she obtained her own working visa. Otherwise, she could go for the "co-habiting" visa (B-2, I think, someone more knowledgeable will be along to advise), but that would not permit her to work. If you marry, she will receive a derivative visa from your L-1 and be able to apply for an EAD and look for employment.

Noorah101

If you remain unmarried, your partner will not be able to work in the USA based on your L-1 status.

However, if you get married, your partner will get an L-2 derivative visa, which allows him/her to apply for an Employment Authorization Document (EAD) in the USA which would allow him/her to work in the USA, for any employer.

Rene

ian-mstm

If your partner is able to get a B-2 visa for a cohabiting partner, then she can come with you. Work will not be possible, however, unless you're married - or unless she gets her own employment-based visa. End of story.

Ian

scrubbedexpat099

Impending nuptials by the sound of it.

shained

Thank you very much for all your replies.

What are the chance that she could get a working visa in her own right with no job offer? I imagine no employer would agree to hire someone out of country who has not yet got a visa.

Thanks
Sean

scrubbedexpat099

How could she get a work visa without a company offering her a job?

Nutmegger

The employer has to offer her a job and apply for her visa, paying all the costs -- she can't do it herself. At this point, if she could find a willing employer, they could apply for a visa on April 1, 2016, for an October 1, 2016, job start.

scrubbedexpat099

That is for a cap H1b btw, not the only option.

Nutmegger

Yes, I see now that the OP's friend has teaching experience, so perhaps an academic position might be relevant. A quick trip to the register office would still be the simplest option out there, though!

shained

It's looking like thats the way forward.

Thanks a lot for your help

ian-mstm

Zero! There are a few very narrowly-defined exceptions, but not - I'm afraid - with her current expertise.

Ian