General Information Questions - Help for Friend

[lechatnoir 0]

Hi there, my Danish husband has a Danish friend that wants to move to the US. His friend is a citizen of Denmark but he currently lives in Phillipnes with a woman he married (she is Phillipnes citizen). He is interested in coming here to work/live and my husband keeps asking me questions for this guy and I don't really know!

I know he would need to find an employer to sponsor him right? Would he just start applying for jobs and say that he needs sponsorship? And am I accurate in telling him that in the current economy, it might be difficult to find a company willing to sponsor a foreigner?

Also, being that he is married to a woman of different citizenship of himself, would she have to stay in the Phillipnes until he became a citizen here and then bring her over? Or does a work visa allow the bringing of a spouse (who would not be working)?

And, as far as I know, the only option to being able to work in the US is to get like an H1-B (think there is another version as well?). My husband's friend works in IT and I believe has a bachelor's degree in computer science.

Any further guidance you can give me that I can relay to them would be appreciative.

[Boiler 45,743]

Yes he would need a job with a company who would sponsor him

Yes it will not be easy.

Yes his wife could come on H4 in the case of him getting a H1, does not allow her to work.

[Harsh_77 718]

yes as Boiler said, your Husband's friend will need a job and a company who is willing to file the H1B petition on his behalf.

Given the current economy its difficult to find someone who is willing to file H1B, one of the clause for the company that is filing H1B has to prove that they cannot find anyone in US who cannot do the job that your hunsband's friend can do.

With the high number of unemployment its difficult, I have heard stories where UCIS sends the resume with the skill set to employeer asking them why they cannot hire anyone from the resume they sent over your husband's friend.

Yes his wife can come to US if he gets H1 on H4, she is not allowed to work on H4.

[Boiler 45,743]

H1 does not require that there be nobody here who can do the job. They do have to pay the prevailing wage and visa costs.

[lechatnoir 0]

Thank you for the replies. I kinda already knew some of the answers but I never like giving advice to people when I'm not entirely sure myself.

But just to clarify, as one of you said they do have to justify it and Boiler said they do not... So, an H1 they do not have to justify it but different types of work ones they do?

[Boiler 45,743]

I believe they do for an H2.

[Harsh_77 718]

Boiler, if I recollect it right they do have to adv before they file for H1B for that same position they are trying to fill.

Atleast the company has to post the position on their internal bulletin board. (which tech means they adv for the position)

I could be wrong, but its been while since I did my H1.

[Dakine10 5,452]

Boiler, if I recollect it right they do have to adv before they file for H1B for that same position they are trying to fill.

Atleast the company has to post the position on their internal bulletin board. (which tech means they adv for the position)

I could be wrong, but its been while since I did my H1.

The job must be open to US employees, but the employer can hire an H1B worker over the US applicant. The labor certification for H1B to GC is where the employer must prove they cannot find qualified US workers.