scrubbedexpat099

Because generally the Employer has control not the Employee, now if they are desperate to get you that would be different.

Pulaski

Either you're missing something, or I am. Visa status and right to work has no impact on taxes AFAIK.

In fact if your wife isn't working , and you file taxes jointly, you'll get all her standard deduction (allowance) and lower tax bands because filing your US tax return jointly with your spouse doubles the deduction and all the tax bands.

kokolino23

EB visas are not mentioned there at all, only H-1B, H-2B, L and J visas.

christmasoompa

They are, in the second paragraph - it extends the original April proclamation suspending new EB immigrant visa applications until the end of the year.

HTH.

SanDiegogirl

If the company's lawyers are not advising sponsoring an EB visa then, unless you can persuade them to do so, no point in pursuing this route...... the lawyers do what is beneficial for the employer, not you.

kokolino23

That's absolutely understandable and fair, they're paying the attorney & visa fees plus they'll pay me as well. I'm not arguing with that at all.
However, we're not willing to turn our lives around and cross the pond with a visa that won't allow my wife to work. Would be unfair for her and not beneficial for our family at all.
H-1B is a non immigration visa as far as I'm aware.

kokolino23

I agree with you, at the end of the day the Employer pays the attorney, visa fees & my wages.
However, we're not desperate to go and I'm trying to collect as much info as we can before rushing into a decision or signing a contract. My wife would be a H-1B dependant therefore we can apply for a H4 visa and she won't be allowed to work. If that's the case then we'd rather stay in the UK where we have a very strong position both social and financial.

scrubbedexpat099

Great.
Then tell the potential Employer Immigrant Visa or you are not interested.

Pulaski

Given the current stalled visa application process, is there a UK payroll they can put you on for 12 months? Then you may be L-1A (or B) eligible, and your wife could work on her L-2, after obtaining an EAD.

kokolino23

Thank you very much indeed for your reply but unfortunately that's not an option because the US company doesn't have any UK related business.

AdobePinon

A couple of things...

On an H visa, IRS typically considers you resident for tax payment, therefore your taxes are not higher.

If you are a strong candidate, you might ask about an O-1 visa, which is not subject to caps. Your wife would still be unable to work.

Most employers are reluctant to use the EB route for people they don’t already have a relationship with, because of the reasons already stated. Some of those visas can take a really long time too.

You should get it written into your contract that the company will apply for a green card for you x amount of time after you start.

Note that if your proposed salary is lower than market, the H-1B may be the ONLY visa your employer can use without paying you more.

tht

Have you got this the wrong way around... I remember a prevailing wage when filling H1b applications, but not on the L1....

https://www.dol.gov/agencies/eta/for...revailing-wage

AdobePinon

I deliberately ignored the L1 as the OP said they had no operations in the UK.

On the H-1B, if the employee has a masters in a relevant field, or is paid at least $60k per year, the employer does not need to demonstrate prevailing wage. This is a big part of reason for the existence of the IT outsourcing firms.

tht

You said:

”Note that if your proposed salary is lower than market, the H-1B may be the ONLY visa your employer can use without paying you more.”

The L1 has no salary floor, effectively it’s whatever the local minimum wage is.... that said good luck getting one approved without a decent salary these days.

AdobePinon

Yeah, well, I didn’t pay for the full half hour.