I came across a job ad today containing a requirement statement that struck me as ABSOLUTELY non-negotiable compared with the sense that I discuss negotiating around a requirement like "6S Black Belt" (since anyone can get a certificate from a curbstone outfit that says "6s Black Belt" - the same folks will probably also give you a non-accredited college degree and a minister's certificate at a discount if you buy all three on the same day.)

Here is the statement:
All candidates must be legally eligible to work in the United States without sponsorship and reside locally. Sorry, no Visa Sponsorships or Transfers available. Consulting Companies, Staffing Agencies and 3rd Party Recruiters need not apply.


The questions:

1. Are we all clear on "why?" this statement is probably non-negotiable?
2. What other non-negotiable requirements come to mind?
3. Are they really non-negotiable?
4. Do some of you have tactics to "legally" get around such restrictions?

Here is the statement:
All candidates must be legally eligible to work in the United States without sponsorship and reside locally. Sorry, no Visa Sponsorships or Transfers available. Consulting Companies, Staffing Agencies and 3rd Party Recruiters need not apply.

Other than the possible exception of "reside locally," it seems pretty clear to me. The company doesn't want any illegal aliens and isn't willing to help anyone get legal. The bit about recruiters at the end won't stop any recruiters from trying, though.



1. Are we all clear on "why?" this statement is probably non-negotiable?

I'm guessing that with all of the recent brouhaha over illegal aliens, the company just wants to make it clear that they're not interested in taking the risk. There are lots of people in the US illegally, and many of them are now taking steps to become legal, and for some that involves seeking visas and sponsorship. The company doesn't want to get involved with any of that if it can be avoided. When push comes to shove, though, and accommodations must be made in order to fill the position(s), nonnegotiable requirements have a tendency to become negotiable.

2. What other non-negotiable requirements come to mind?
It's impossible to tell sometimes whether a stated requirement is negotiable or not, regardless of wording of the solicitation. On the other hand, if you're a convicted child molester, you're not likely to be hired by a daycare center.

3. Are they really non-negotiable?
Sometimes yes and sometimes no. I've been hired by companies that "required" a college degree for the position in question (I don't have one), and I've never let that stop from expressing interest in an available position.
4. Do some of you have tactics to "legally" get around such restrictions?
I'm not sure why the scare quotes around legally. Are you asking if anyone has a strategy for skirting legal requirements?

re: legally
I'm just not interested in providing a template for someone to commit a crime.

re: legally
I'm just not interested in providing a template for someone to commit a crime.

Party pooper :tg:

When it comes to non-negotiable requirements the only legal way to skirt the requirement that comes to mind is knowing the hiring executive and having them waive the requirement.

As for non-negotiable requirements, I would assume there are an endless number...say for an add for a lifeguard...'must be able to swim' :notme:

As for non-negotiable requirements, I would assume there are an endless number...say for an add for a lifeguard...'must be able to swim' :notme:

This is actually pretty close to the truth. Most truly nonnegotiable requirements have to do with legal requirements, or protection from liability. In the case of lifeguards, a valid Red Cross certificate might be a requirement not open to finagling, or in the case of attorneys, having passed the requisite bar exam.

What about the requirement to be able to lift a certain weight?

Howebver I have not seen anyone beeing tested by weightlifting in the first interview.....

Many companies working in the US Defense industry must have either US Citizens or "US Persons" to do their work. There is no legal way around it.

It may just be because the company does not want to deal with the hassle of work visas and all the required paperwork. There are tons of documentation requirements that vary for every country of citizenship. If you don't have an HR department familiar with international requirements it would be difficult.

We have a co-op student who is Indian, here (US) on a student visa. She had to go to Canada for a seminar, so we had to scramble to figure out how to get her into Canada to "work" on her student visa. We have hundreds of people who are here from overseas, so our HR department knows the requirements. She ended up having to spend a day at the Canadian consulate in Detroit to get a Canadian visa.

I'm pretty sure that our company has language in advertisements to the effect that "must be able to pass a drug test" - fancier wording but that's what it means.

And yes we do test.