Legal Question in Immigration Law in California

Re: Immigratin of Domestic Partners

Your partner seems to be eligible for an H-1B once he's graduated in 2003. While he's in school, he may apply for an OPT work card, which would allow him to get his foot in the door with some Accounting firms. The OPT card will allow him to work for his employer, without the employer having to comply with the H-1B requirements. Later, he could get the employer to file the H-1B for him.

The H-1B will allow him to remain in the US for an initial 3 year period, with an extension of another 3 years -- max is 6 years. While he's working in H-1B status, the employer can start the permanent papers.

Note, that he cannot immigrate (get the "green card") if he is HIV. Waivers for HIV are available for asylees and family applicants -- not employment-based immigrants.

Hope this helps.

Re: Immigratin of Domestic Partners

I would say look to other accounting firms. There are numerous smaller firms that that hire and sponsor H-1B employees.

Re: Immigratin of Domestic Partners

Perhaps you could be more specific with what these firms exactly mean when they say that he "must have the ability to work in the US unlimited." The H-1B allows the visa holder to work in the U.S. for three years renewable up to six years with the same employer. There maybe some geographical restriction (within the US) but besides that, I do not see any limitation on the person's ability to work here with the H-1B. It's pretty unlimited! In any case, with young accountants, most of them probably don't stay with the initial firm for six years unless they're pretty sure they're on partnership track.

Besides the H-1B, there's really no other visa he would easily qualify for. As for being gay domestic partners, I would not count on any legislation at this point to help out.

Liem Doan, Esq.