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For foreign spouses living in the United States, one way to maintain immigration status

was through visa eligible careers. The H-1B visa provides work permit for specialty occupations,

which in addition to a sponsoring employer, also requires a minimum of a bachelor degree,

which must be deemed as essential to fulfilling the position’s specialized duties (U.S. Citizenship

and Immigration Services). In essence, the position in question must be related to and demand

the degree holder’s particular area of study. The requirement for formal and specialized

education to fulfill high-skill occupations means that H-1B visas tend to be awarded to highly

credentialed applicants. In effect, out of the four couples from which one spouse had had an H-

1B visa, one held masters, and three held doctorate degrees.

Nevertheless, having an H-1B visa did not provide complete immigration relief. Because

H-1B visas are attached to a specific job, they offer little career flexibility and opportunities for

long-term residency. In fact, the four foreign spouses who held employment visas at one point

during their relationships discussed their inability to change jobs easily, its impact on career

Hannah explained the constraints of the H-1B visa by discussing her inability to leave an

undesirable job and the consequences of a possible layoff:

It is not like I could just quit, and become a writer, or take on a menial job. I can’t hop around very easily, which impacts you. It is a different way to exist because I have to stick with that one job, and it is very difficult to change that situation. You have 30 days to leave if you lose your job.

The fear of losing one’s job was valid and occurred to three out of the four H-1B visa

holders I interviewed. The visa’s requirement that its holder departs the country within 30 days

of an employment termination makes it almost impossible to find alternative employment unless

the employee has sufficient advance notice. This was the case for Hailey whose employer

provided several months of notice of her termination. While having sufficient notice granted her

time to job hunt, it also made for stressful months while she sought another H-1B sponsoring job.

For Hannah, who only had one month’s notice, there was not enough time to find another

position, thereby requiring her to apply for a temporary business visa that allowed her to stay in

the United States with her wife during the holiday season until Michelle had a chance to arrange

for a visiting faculty position abroad.

Emily and Manisha, on the other hand, devised an interesting alternative to overcome the

limited time frame of Manisha’s stay. After seeking other job opportunities for sponsorship in a

different capacity, they decided that one of their options was for Emily to open a business and

hire Manisha as an employee. It was a risky and frantic decision, which not only incurred many

costs; it tested their comfort levels, and it left them vulnerable and fearful for their financial

stability. The plan was to sponsor Manisha for permanent residency once the business had been

established, which would also require an immigration approval process to determine the

company’s sustainability. However, Emily explained that the ability to open a business with the

ensured that their relationship could not be recognized as a family. In other words, because the

federal government could not treat them any other way other than unrelated strangers, there were

no restrictions on starting a company and hiring one’s own spouse with the ultimate goal of

securing permanent immigration status.

The three examples above illustrate career-related strategies for foreign spouses living

and working legally in the United States. For these spouses, it was critical that they maintain the

H-1B visa or an alternative legal immigration status to avoid jeopardizing the possibility for legal

permanent immigration in the future. At least one foreign spouse living abroad also attempted to

find a job as a professor in the United States. While he was considered very competitive for a

number of positions, his need for H-1B sponsorship undermined the strength of his application.

The complicated hiring process and high costs involved with the H-1B visa process mean that

few companies are willing to sponsor foreign applicants.

The difficulty in attaining legal work stateside and the wish to remain documented meant

that enduring couples had to have the flexibility and financial resources to relocate abroad. As a

result, 9 (60%) of the couples I interviewed were living abroad, at least temporarily, before the

outcome of the Windsor decision. Thus, in these situations, it was incumbent on the U.S. spouse

to obtain employment abroad, which often involved career sacrifices. While it is important to

note that one couple in my sample had established lives and careers abroad and had no intention

to return to the United States on a permanent basis, that was not typical of the couples I

interviewed.

Similar to their foreign spouses, U.S. spouses living abroad also shared concerns about

immigration requirements and legal status. For Samantha and Victoria, living abroad with their

and in the United States. For Nathan and Laura, working abroad meant delaying their educational

aspirations and taking on unfulfilling positions that, while serving the purpose to maintain their

respective relationships, did not advance their careers. On the other hand, Henry and Elliot were

somewhat privileged to gain well-paid jobs in their respective fields abroad. In addition to

finding a job, Henry also started a business abroad with his husband, Miguel. Entrepreneurship

provided a supplementary source of income, but it also fulfilled two alternative purposes: to

provide Miguel with the financial support and credit history that could facilitate visa applications

to enter the United States, and to establish local roots that would provide an avenue for Henry to

request a permanent immigration visa rather than a temporary work-based permit. Finally,

Michael, who already had an international work assignment, refused postings in the United

States to guarantee that he could remain with his husband even if it meant stymieing his

opportunities for career advancement. Nevertheless, because career options abroad were not

available to all, or it was often less than ideal opportunities, all couples who wished to return to

the United States continued to investigate other immigration options such student and, as a last

resort, temporary tourist visas.