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Why Do Some Ads Say the Position Requires US Citizenship or Permanent Residence? |

Why Do Some Ads Say the Position Requires US Citizenship or Permanent Residence? |

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EP 1322 Why do some companies say the position is only for  US Citizenship or Permanent Residents even if it does not require security clearance?


Why do some Companies say a position requires US citizenship or permanent residence if the job doesn't require a security clearance?

Firms use that language or language like it such as, "Position requires that you be able to work for any employer without sponsorship," to indicate they are not willing to do an H1B transfer. It doesn't mean that they are not willing to consider someone who has EAD status but they don't want to incur the time or expense involved with doing a transfer.

Why? There are a number of reasons. I don't want to give short shrift to anything so let me do my best to outline some of the reasons.

There was an expense that they incur.

This administration (Obama) has been hostile to both visa transfers and to  sponsorship in general. They make it extremely difficult for organizations to transfer one. Even with expedited visa transfer requests, it can take longer than many employers are willing to wait.

In addition, there was a provision in the bank bailout law called TARP that restricted firms that accepted money under the law from hiring individuals who required sponsorship as either an employee or as a consultant.

As a result, although the blame goes to the employer, is actually government policy that is made it exceedingly difficult to hire people who require visa transfers.

Again, this is not about whether or not you can do the job. I'm sure you can. This is about a situation where a firm is incurring an expense, time that their in-house counsel has to incur to do the transfer. In addition, there is a hostile environment toward visa transfers by the US government. Finally, there is legislation the requires firms to hire people who have US citizenship or green card status.


Jeff Altman, The Big Game Hunter is a career and leadership coach who worked as a recruiter for more than 40 years. He is the host of “No BS Job Search Advice Radio,” the #1 podcast in iTunes for job search with more than 1300 episodes and his newest show, “No BS Coaching Advice.” He is a member of The Forbes Coaches Council.

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