Can anyone help? 2nd post re Eligibility to Work Issue
Carolil
79 Posts
We have interviewed for an entry-level research position, and our top candidate revealed in interview that she is not a US citizen but could provide paperwork stating her eligibility to work for 12 months, which could be confirmed on E-Verify (which we do not currently use).
She believes after this point in time she would be eligible for an H1B visa based on her skills and her having worked in the position for one year. She is proposing that she could apply for this on her own.
I have little experience in this area, but my notes show that the employer must sponsor and pay for an H1B visa, and I have seen posts to that effect here. We do not do this for junior positions, and I don't see how we could make a case at this point that there are no other U.S candidates who could do this work, even after she's been in the job for a year.
But, my question is what should I do next. I think we either have to make her an offer contingent on her proving her eligibility, or not make her an offer and move to our next best candidate, correct? Can we ask her about her visa status, etc., before we make an offer? My reading says no. Can we turn her down at this point (before having confirmed her eligibility to work) on the basis that while she might be able to work for 12 months, we are looking for someone longer term and we are not in a position to sponsor someone for an H1B visa?
Any guidance appreciated. Thanks.
She believes after this point in time she would be eligible for an H1B visa based on her skills and her having worked in the position for one year. She is proposing that she could apply for this on her own.
I have little experience in this area, but my notes show that the employer must sponsor and pay for an H1B visa, and I have seen posts to that effect here. We do not do this for junior positions, and I don't see how we could make a case at this point that there are no other U.S candidates who could do this work, even after she's been in the job for a year.
But, my question is what should I do next. I think we either have to make her an offer contingent on her proving her eligibility, or not make her an offer and move to our next best candidate, correct? Can we ask her about her visa status, etc., before we make an offer? My reading says no. Can we turn her down at this point (before having confirmed her eligibility to work) on the basis that while she might be able to work for 12 months, we are looking for someone longer term and we are not in a position to sponsor someone for an H1B visa?
Any guidance appreciated. Thanks.
Comments
Plenty of companies have policies saying that candidates must be independently authorized to work in the United States without sponsorship of the employer. Where the employee has already told you she would need an H-1B in the future, one good way to phrase the question is: "At any point in your employment with us would you lose your independent work authorization, such that we would have to sponsor a visa or take any other steps to preserve your work eligibility?" The way you word the question about visas is important, because you must be consistent in your interviewing with others, and not be discriminating on the basis of national origin, accent, etc., but rather on work authorization itself (for the long-term).
It sounds like she already volunteered that she will need an H-1B, but mistakenly thinks she can get that independently. But, you are right that an H-1B requires an employer sponsor. She cannot get an H-1B on her own.
You could turn her down now based on a policy of not being able to sponsor the H-1B visa, or you could hire her and if you like her, start the H-1B process in April. You probably know that last year there was an H-1B lottery. About two-thirds of the petitions I filed were successful in the lottery -- so you would be taking a chance (unless Congress passes immigration reform with its higher H-1B cap) even if you were willing to file an H-1B petition for her.
Elaine