jt89104

Hi,

My wife and I are both UK citizens living in UK with no prior US connections. I am thinking of applying for a job with a bank in New York, USA. If successful, the bank would apply on my behalf for me to have the appropriate US work permit (I do not know at this stage what type of work permit this would be).

My question relates to my wife. I assume that she would have the right to come with me to live temporarily in the US. But would she have the right to work there?

This is my first posting on this site. Apologies if this question has already been asked. I searched but could not find anything.

Thanks for any constructive responses!

fatbrit

I'll have some of what you're smoking.

Duncan Roberts

Depends on what visa it is. Based on some assumptions of your original post, no. However, based on some other assumptions, you wouldn't either.

ian-mstm

If you get an H-1B employment visa, your wife will get an H-4 visa. She is *not* allowed to work on an H-4. Full stop. End of story. Not a chance. Nada. Ain't gonna happen. The H-4, as many spouses will tell you after the fact, is like a death sentence! The spouse can't even trade volunteer time in exchange for meals, or any other sort of benefit.

If, however, you get some other type of visa, she *may* be allowed to apply for an Employment Authorization Document (EAD), after which she'll be able to work.

Ian

MsElui

the banking sector are offloading jobs like mad over here at the moment - (citibank announced 75,000 losses recently). Unless you have some pretty spectacular skills i would be very suprised to see a US bank go through the expensive visa process right now.

However - if you are lucky - make sure you have some cast iron repatriation clauses written into your contract in case they end up making you redundant over here after you have arrived.

jt89104

Thanks for your help so far.

I certainly would not call my skills spectacular but I am very specialized so I think I would have a reasonable chance. Certainly good enough chance to go through the effort of making the application.

From what I'm reading though, looks like it would be very difficult to get a working visa for my wife. Not sure I would want to subject her to not being able to work, so looks like a long shot.

What are the other types of visa that are available for this type of work other than the H-1B? What factors determine if a spouse can qualify for the Employment Authorization Document?

scrubbedexpat099

As you do not work for them in the UK, a transfer is out.

She could seek employment on her own merits and secure her own visa.

MsElui

unless the american bank is willing to employ you to work for them in the UK for a year and THEN apply to transfer you across on an L1 visa. Then the wife can word after she has an EAD - which she can apply for once she arrives and typically takes 3 months to arrive.
(nb if they do employ you in the UK - any trips for business to the US will count out of the year and more time will need to be tacked onto the end to make sure you have the right amount of days to qualify).

ian-mstm

Here's a list of all the available ways to get to the US: http://britishexpats.com/wiki/Pulask...ork_in_the_USA. Take a look and see if you qualify for any of them.


There are no factors. Whether a spouse is eligible to apply for an EAD is dependent on the type of visa s/he gets. Many visas allow the spouse to apply for an EAD. Some, like the H-4, don't. You'll need to research each of the visas for which you might qualify, to find out if the spouse can get an EAD.

Ian

Duncan Roberts

But are they really? Think about all the people in the banking sector that have just been let go. Are your skills more specialized or at a higher level than all of them? I forget the number of layoffs in that sector but it's in the hundreds of thousands.

jt89104

Duncan,

Thanks for your posts and your points about the job situation in the banking sector right now. I already know what I need to regarding the job in question and how the employer will view my skills and experience. The reason for my post was to find out some information about the immigration and work permit process.

Duncan Roberts

It's not the employer I'm talking about, it's USCIS. Being qualified for, applying and getting a job offer is irrelevant and a relatively easy process compared to the immigration part. If USCIS doesn't agree with your valuation of your skills and/or they think that there are enough qualified people already in the US they won't issue you a visa. Your wife getting a visa and being able to work is irrelevant if you don't qualify for one and/or have your application denied. I just think you maybe skipping to step 2 rather than addressing the issue of you qualifying for a visa in the first place. I think in the current climate you would need some pretty special and high level experience for USCIS to seriously consider your application.

scrubbedexpat099

For an H1?

I am going to assume that the OP knows most about his area and assuming he meets the qualifications issues and a job is available he should not under current legislation have too much trouble.

If despite his niche skills there are plenty of local options for an employer, then you have to ask why they would incurr the costs and timelines involved.

Keep on coming back to his area of expertise, and he is going to know more than we are.

Duncan Roberts

Possible. But I was basing my thoughts on the original post which contained

"If successful, the bank would apply on my behalf for me to have the appropriate US work permit (I do not know at this stage what type of work permit this would be" and "My question relates to my wife. I assume that she would have the right to come with me to live temporarily in the US. But would she have the right to work there?"

To me, both suggest little previous research into visas, how they work and eligibility. I may be wrong though.

scrubbedexpat099

True

But most of the people I have physically met here who moved through work knew little of the options etc, somebody else sorted it. Just us saddo's who get involved in the nitty gritty.