Letter of intent to hire

[ES0603 9]

My husband is Japanese, I will be petitioning for him to receive a marriage visa later this year.

He will be 24 this year and has a poor work history (multiple short term positions in a few different fields) and doesn't speak much English, or have any certification or college degrees (only high school diploma).

I was told that if he were to receive a letter of "intent to hire" from a company in the united states, it would help improve his chances of receiving a green card.

 

Previously, I worked for a small Japanese-owned company in my state, and I asked if they would be willing to offer my husband employment and if so, also write him a letter of "intent to hire".

The owner informed me they would be willing to do so, but would need to know more information about the "letter of intent to hire" first; 

*Would my husband or the company get in legal trouble if the position doesn't work out?

*Would the letter need to state a specific length of time that my husband would be employed at their company?

*Would a part time job be sufficient, or does it need to be full time?

*Would hourly pay be sufficient? Does it need to state estimated yearly income?

*Could the position potentially be as a contract employee?

 

This is in no way necessary for us to meet 125% of poverty guidelines, as I will be making over $29,000/year for our household of 2.

 

Edited March 6, 2020 by ES0603

[pushbrk 12,629]

2 minutes ago, ES0603 said:

My husband is Japanese, I will be petitioning for him to receive a marriage visa later this year.

He will be 24 this year and has a poor work history (multiple short term positions in a few different fields) and doesn't speak much English, or have any certification or college degrees (only high school diploma).

I was told that if he were to receive a letter of "intent to hire" from a company in the united states, it would help improve his chances of receiving a green card.

 

Previously, I worked for a small Japanese-owned company in my state, and I asked if they would be willing to offer my husband employment and if so, also write him a letter of "intent to hire".

The owner informed me they would be willing to do so, but would need to know more information about the "letter of intent to hire" first; 

*Would my husband or the company get in legal trouble if the position doesn't work out?

*Would the letter need to state a specific length of time that my husband would be employed at their company?

*Would a part time job be sufficient, or does it need to be full time?

*Would hourly pay be sufficient? Does it need to state estimated yearly income?

*Could the position potentially be as a contract employee?

 

This is in no way necessary for us to meet 125% of poverty guidelines, as I will be making over $29,000/year for our household of 2.

 

First, receiving a green card is automatic after entry using the immigrant visa.  Your process is about the visa, not the green card.  Yes, a letter of intent to hire would be a positive thing.  We don't give legal advice here but it would seem any legal issue would hinge what you mean by "didn't work out" and why.

[ES0603 9]

Just now, pushbrk said:

First, receiving a green card is automatic after entry using the immigrant visa.  Your process is about the visa, not the green card.  Yes, a letter of intent to hire would be a positive thing.  We don't give legal advice here but it would seem any legal issue would hinge what you mean by "didn't work out" and why.

 

That is how the owner asked me, I'm not exactly sure what she means but I am assuming she is worried she would be stuck (unable to fire him or give him less hours) if he turns out not to be a good employee?

 

[SalishSea 17,553]

24 minutes ago, ES0603 said:

was told that if he were to receive a letter of "intent to hire" from a company in the united states, it would help improve his chances of receiving a green card.

It is a marriage-based visa leading to a green card, so no.  A strong work history and a good education are favorable factors, but no job offer is required for a CR/IR visa.   

 

Is it possible that your husband could work towards improving his skills/education/work experience before you petition for him?  He should also definitely be enrolled in English classes.  It sounds like he has plenty of time to do that.  The emphasis for evaluating family-based IVs has definitely shifted towards self-sufficiency, and will likely continue to do so.  

 

Also - I realize you're young, but $29k is not a great salary for two to live on in much of the US.  Do you have plans for getting health care for him, either through your employer, or otherwise?

9 minutes ago, ES0603 said:

 

That is how the owner asked me, I'm not exactly sure what she means but I am assuming she is worried she would be stuck (unable to fire him or give him less hours) if he turns out not to be a good employee?

 

Or maybe she is confused about whether she would be sponsoring him for a work visa, which she would not.

Edited March 6, 2020 by Jorgedig

[pushbrk 12,629]

Just now, ES0603 said:

 

That is how the owner asked me, I'm not exactly sure what she means but I am assuming she is worried she would be stuck (unable to fire him or give him less hours) if he turns out not to be a good employee?

 

Your "assumption" will not assist in getting a meaningful answer.

[ES0603 9]

1 minute ago, Jorgedig said:

It is a marriage-based visa leading to a green card, so no.  A strong work history and a good education are favorable factors, but no job offer is required for a CR/IR visa.   The public charge evaluation is based on the totality of circumstances, but primarily the petitioner's financial situation.  

 

$29k is not a great salary for two to live on in much of the US.  Do you have plans for getting health care for him, either through your employer, or otherwise?

I live in the country, own my car, bought a house, I still have an extra $500/month after all of my bills (gas and food included).

I am looking into getting him private healthcare, not through my employer. Insurance through my employer is $100/month for myself but would cost over $600/month if I add him.

Are there any requirements for private healthcare coverages or deductibles ? and how would we prove he will have health insurance before the interview?

 

1 minute ago, Jorgedig said:

Or maybe she is confused about whether she would be sponsoring him for a work visa, which she would not be.

I explained that he would be on a marriage visa, and that I make enough to sponsor him. I think she just wants to make sure she is in the clear legally, since she has never dealt with this before.

[ES0603 9]

15 minutes ago, pushbrk said:

Your "assumption" will not assist in getting a meaningful answer.

 

 I think my question of; "is the letter of intent to hire legally binding?" is pretty straight forward. I'm not being any more vague than the new public charge law.

The owner of the company simply wants to know what she will legally be required to do if she writes this letter.

Of course she can give him a job and promise a certain hourly wage, but no company knows for sure how an employee will work out until after they hire the person.

Would my husband legally be able to quit the job if he finds a better position after entering the united states?

 

 

Edited March 6, 2020 by ES0603

[SalishSea 17,553]

1 minute ago, ES0603 said:

am looking into getting him private healthcare, not through my employer. Insurance through my employer is $100/month for myself but would cost over $600/month if I add him.

Are there any requirements for private healthcare coverages or deductibles ? and how would we prove he will have health insurance before the interview?

You won't find anything cheaper, except for maybe a junk plan with huge deductibles and copays.  Bottom line is that a quality health insurance plan is not going to be the cheapest out there.

 

In terms of showing evidence of having insurance, I suppose that depends on which plan you go with, and their procedure for enrolling new members.  Immigration should be a qualifying event, so maybe they would let you fill in all the forms with an estimated effective start date for sometime after the interview.  You would have to figure that out with the individual insurance co.

[SalishSea 17,553]

4 minutes ago, ES0603 said:

Would my husband legally be able to quit the job if he finds a better position after entering the united states?

Absolutely, since that sort of job offer is not tied in any way to the visa.

[pushbrk 12,629]

Just now, ES0603 said:

 

 I think my question of; "is the letter of intent to hire legally binding?" is pretty straight forward. I'm not being any more vague than the new public charge law.

The owner of the company simply wants to know what she will legally be required to do if she writes this letter.

Of course she can give him a job and promise a certain hourly wage, but no company knows for sure how an employee will work out until after they hire the person.

Would my husband legally be able to quit the job if he finds a better position after entering the united states?

 

 

Legal opinions come from actual attorneys who have the facts and context of the question.  If this potential employer needs a legal opinion, having you ask here, is not how she gets one of any value.  That said, if the employer is in an "at will" employment State, that probably is your answer.

[ES0603 9]

2 minutes ago, Jorgedig said:

Absolutely, since that sort of job offer is not tied in any way to the visa.

 

Thank you!

[carmel34 3,583]

3 hours ago, ES0603 said:

I was told that if he were to receive a letter of "intent to hire" from a company in the united states, it would help improve his chances of receiving a green card.

 

Previously, I worked for a small Japanese-owned company in my state, and I asked if they would be willing to offer my husband employment and if so, also write him a letter of "intent to hire".

The owner informed me they would be willing to do so, but would need to know more information about the "letter of intent to hire" first; 

*Would my husband or the company get in legal trouble if the position doesn't work out?

*Would the letter need to state a specific length of time that my husband would be employed at their company?

*Would a part time job be sufficient, or does it need to be full time?

*Would hourly pay be sufficient? Does it need to state estimated yearly income?

*Could the position potentially be as a contract employee?

A job offer or letter of intent to hire is always conditional, most companies have standard job offer letters that state conditions like passing a background check, valid employment authorization in the US, etc.  It is stating intent, not a sure thing.  It is not an enforceable contract unless there are written commitments on each side and it is signed by both parties, this varies state by state based on labor laws and the type of job, if there is a union involved, etc., and the company should know all of this, or their attorney would know.  I would suggest a simple letter, indicating that the company is willing to hire him by a certain date, and whatever details about the job they want to include, full-time or part-time, pay rate, basic duties, etc.  If he ends up working for the company, either side can end it, whenever they want to, if it doesn't work out.  Or they could state that hiring him is conditioned on him passing a job interview when he arrives, before starting to work officially.  Basically the company can write the intent to hire letter however they want to, to protect themselves.

Edited March 7, 2020 by carmel34

[AnnaLee24 16]

I would be more worried that this company will show up in your work history and it would be a red flag.

[US-UK 32]

20 hours ago, ES0603 said:

I think my question of; "is the letter of intent to hire legally binding?"

This is a question of state employment and contract law, not immigration.

 

17 hours ago, carmel34 said:

It is not an enforceable contract unless there are written commitments on each side and it is signed by both parties,

Not necessarily. See, e.g., doctrines of reliance and promissory estoppel. I’m not saying the husband would be successful on these facts, but it’s not as black and white as “it’s not a contract.”

 

If I was the employer I be extremely hesitant do this, or at least not without a lengthy list of conditions, in which case the offer is basically worthless to bolster an immigration dossier. I would also be hesitant to hire someone who I already worry might not work out, as I would not want to be on the hook for a UC or other claim.
 

This does not constitute legal advice.

[NikLR 13,227]

Considering this is a spousal visa, an intent to hire letter is not needed.