John Quill Quoted in The Boston Globe
"Job Doc"

The April 15, 2007 "Job Doc" column in The Boston Globe handles a Q/A from "Foreign student errs, wonders if its too late"....

Q. I would like to know what I am supposed to say when asked if I need future sponsorship to work in the United States? You see, I am still on my "optional practical training" (given to me after completion of my associate degree), although it is over soon. I interviewed for a job last year and when asked this question I said no because I feared the company would not call me for a second interview. I was then called for more interviews and was asked if I was a citizen. I told the interviewer I am here as a student, but with a valid employment card. I was called for three more interviews and got the job. Then, unsure on how to proceed and needing the job/experience, I told them about my need for sponsorship (two months later) and got fired shortly after this. I wonder if there is any law that will protect me. They still have the position open . This is a really specific position, and it is hard to find someone with my skills, especially the language and computer skills. I didn't lie to the company saying I was a resident, but they claim that I did. I just need to know if anything can be done about this and what to do in the future to avoid this situation.

A. Foreign national hiring is a complex process of timing, quotas, and skills in demand. To help navigate these complexities, I turned to John Quill, an associate in the Boston office of law firm Seyfarth Shaw, who practices exclusively in the field of business immigration. Quill's answer: "An SA is a foreign national who is in student status, and who is authorized to work based on optional practical training. An SA must answer 'yes' if an employer asks if he or she will need sponsorship to work in the United States in the future. "An employer cannot fire an employee because he or she needs sponsorship, and cannot have a blanket prohibition against sponsoring a prospective employee for a work visa. However, most employers, in the application process, state that an employee can be terminated if he or she provides any fraudulent information during the application process. The fact that you said that you would not need sponsorship in the future (when in fact you did) is fraudulent. "In addition to providing false information during the application process, you may have an issue with your ability to work here. Since you do not yet have a bachelor's degree, you may not be eligible for an H-1B visa, which is the most common type of US employment visa. In addition, if you are eligible for an H-1B visa, you may have difficulty obtaining the visa because there is a quota on the number of H-1Bs that are issued each year. An H-1B petition must be filed by your employer before the quota is filled."