When to disclose H1-b status

[quinton1980]

I am working on an H1-b visa. I have been trying to get a new job, but it seems that this is a stumbling block. When do I need to bring up my immigration status while interviewing? I have decided today, not to bring it up unless asked, or once I receive an offer. Any advise?

 

[pattytx]

You're going to have to bring it up eventually, because that is what authorizes you to work in the U.S. However, my understanding of an H1-B is that it authorizes you to work ONLY for the company who sponsored you for it. Are you still employed by that company?

 

[quinton1980]

You're going to have to bring it up eventually, because that is what authorizes you to work in the U.S. However, my understanding of an H1-B is that it authorizes you to work ONLY for the company who sponsored you for it. Are you still employed by that company?

Yes, I am still currently employed with the company that holds my visa. And I also know that my visa will need to be transferred to the new company. What I am saying is that I have had NUMEROUS opportunities over the past year, but as soon as I mention my visa, they get turned off. I am planning on only discussing it if asked, or when I receive an offer letter.

 

[cbg]

And the employer can legally withdraw an offer at that time. They are not legally obligated to sponsor a visa.

 

[quinton1980]

The Law:

Citizenship Discrimination & Workplace Laws
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility.

National Origin Discrimination

 

[Proserpina]

The Law:

Citizenship Discrimination & Workplace Laws
The Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility.

National Origin Discrimination

This does not apply to your situation.

 

[quinton1980]

This does not apply to your situation.

Aww, man

 

[quinton1980]

This does not apply to your situation.

Any advise, thoughts, comments?

 

[cbg]

She is right. That does not apply to your situation. A employer is legally UNABLE to hire someone with an H1-B visa unless they can show that there ARE NO AMERICANS available to do the job.

Once you are hired, you cannot be treated differently on the basis of the fact that you are on a work visa. But the law does NOT require an employer to hire you unless they CANNOT find a American to do the job.

 

[quinton1980]

She is right. That does not apply to your situation. A employer is legally UNABLE to hire someone with an H1-B visa unless they can show that there ARE NO AMERICANS available to do the job.

Once you are hired, you cannot be treated differently on the basis of the fact that you are on a work visa. But the law does NOT require an employer to hire you unless they CANNOT find a American to do the job.

So basically I am stuck between a rock and a hard place. Well, thanks guys for your input. Very helpful, even though disappointing...but hey, c'est la vie!!

Have a great day and year!!