transferring to headquarters is difficult

[Agar1980 0]

I'm a U.S. citizen and met my partner on a trip to Europe last year. He has been working for an American company based in Los Angeles for 2 years. He has 2 master's degrees, speaks 5 languages (which is a skill that's an asset for his position), happily volunteers for extra projects without overtime pay, always meets goals, reaches quotas, and continuously gets high praises from supervisors. In spite of all this, the U.S. HR dept. is fervently discouraging any sponsorship in transferring, relocating, or promoting him...regardless of his offer to pay for all expenses himself!

Despite his loyalty & hardwork, he feels lack of appreciation and is terribly low of moral. There are claims that only software developers and such get offers in the US. Although the nation's job market is tough at the moment, I'd like to think there is still a chance for an overqualified foreigner (such as himself) to immigrate to the US during these times. Naturally, since I was born here I don't know the first thing about immigration or visa issues. However, I would greatly appreciate any words of wisdom, encouragement, perhaps tips on steps we may take to move any possibility along.

[Boiler 45,519]

Marriage may be in your future.

[kzielu 1,149]

Immigrate ? Rather forget about it. Get temporarily transferred on an L-1 visa ? Possible, but can't force the employer to do that since it actually costs a bit (and such exception cause others in the same company to ask "why not me"). Fiancee / spousal visa is always a solution...

I'd be happy getting employer to be willing to hire your person once he/she moves...

[Anh map 2,098]

The reality of your circumstances is that it may be easier for you two to live together outside the US. Have you explored that option?

[Harsh_77 718]

OP – to me your post is vague, I could not understand what the purpose of the post is, are you trying to bring him to US OR you are trying to Point US Company is not appreciative of its employees in the foreign country and they are not helping them to grow?

1. Lot of companies have HR policies which makes it difficult for people to move to US and it rule is simple if they start bringing ppl to US would negate the reason why they started the foreign operations. COST they prob started operation in your partner’s country to reduce the cost.

2. If you are trying to bring out your partner then get married official file for petition and you can bring him over at that point if his company thinks he is valuable asset they can transfer him, if not then leave the organization. Look for another organization which would appreciate his skill set.

3. I myself come for IT background and these are similar issues faced in IT as well, so its not true that only software engineers are welcomed in US. These are some corporate polices and in your case you have no reason to be upset over some companies HR polices. You have plenty of other ways to go around it.

[Agar1980 0]

Thank you to the ones who responded. I'm actually not upset over HR policies, but I did want advice as to how all the other "ways to go around it". I realize there are plenty of loopholes and idiosyncrasies, I'm just wondering if anyone has first-hand knowledge as to how to work the system or any other efforts left unexplored in terms of his job helping out. As for everyone from the European branch wanting to make it over to the US, while I'm sure lots would love to do that, not everyone has the financial means nor diplomas to merit such a consideration from headquarters. Here, the company is already aware that they would not have to worry about relocation, moving, housing, transportation, unforeseen costs, etc. Nonetheless, I'll read more about the L-1 visa and such. No, unfortunately a spousal visa is not an option since we are a same-sex couple...this is why it wasn't brought up. Another reason why I have contemplated the idea of perhaps moving to Europe, if there's absolutely nothing to be done. Thanks for the help though and would certainly be open to any more suggestions.

Edited October 25, 2011 by Agar1980

[Boiler 45,519]

I have no idea how things work in Germany, certainly the UK has provision for same sex couples.

If the Company are not interested then you would be wasting your time. My Brother did a stint in the US on a L, not that he could remember much about the Visa, just turned up at the Consulate, they stamped his passport and he was off.

[kzielu 1,149]

Another reason why I have contemplated the idea of perhaps moving to Europe, if there's absolutely nothing to be done. Thanks for the help though and would certainly be open to any more suggestions.

Just keep in mind that both H-1B and L-1 are temporary visas - they have little things to do (other than being dual-intent) with permanent residency. If the company is hesitant to apply for a temporary visa, sponsoring for a green card is likely totally out of question...

[Harsh_77 718]

Both L1 and H1 are company / employer initiated, but as you mentioned if your partners company is not willing to relocate, then there is not much that could be done from outside.

I mean there is not much forum can help…. Either you got to look into relocating to Europe and maybe for your case that might be more feasible option.

As I mentioned earlier I work for one of those MNCs and there are limits set by management which might not be openly known information in the company on how many ppl can be bought over on H1/L1, how long they can stay in US etc.

[Agar1980 0]

Oh no, I wasn't contemplating a permanent green card, I know that would be impossible. Even a temporary stint would make a difference though, so we'd be very happy if that could happen. Would it be completely unheard of, if on his next trip to the US, he decides to basically re-apply to his own company once here? Or even if he were to stay for the 6 months his tourist visa allows, can he try applying to other certain jobs that may we willing to initiate the procedures for a temporary work thing? Or am I completely crazy for thinking this is possible?!

[jjbandero 39]

He could come here on a tourist visa and start conversations with other potential employers to see if they would be willing to sponsor his employment visa, but he cannot legally work, he would have to return to his home country and wait until all the proper paperwork are approved. In this scenario, he's only real option would be the H1B which could be very difficult to get as there is a cap on how many visas are made available each year.

The L1 visa is probably the preferred option if he can get an exception to his company's HR policies, this visa is similar to the H1B in that it is dual intent and has education/work experience requirements; but it is specifically for an internal transfer within the company and seemingly easier to obtain (certainly in my case). I would recommend that he perhaps reaches out and plead his case with his US supervisors to get their support in granting an exception to the policy.

Cheers