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[bacardiandlime]

My partner and I are both non-US citizens. We are in humanities (different fields), fresh PhDs. I have been offered an interview with an institution in the US.
My query is about spousal hires, firstly, would this even be *possible* for a foreigner? (given the rules that to sponsor a foreigner for an employment visa, the employer I believe must demonstrate that they were unable to find suitable American candidates for the position? A spousal hire, being essentially an unadvertised job opening, presumably is not permitted?).

Secondly, if hu came with me (on a 'dependent spouse' visa), I believe that this would limit (or eliminate) opportunities for hu to legally find ANY employment, ruling out the option of even part-time teaching at another institution, or working at Starbucks.

Has anyone else faced this situation?

[unspoiled]

The correct and complete response to your questions would be extremely lengthy.  In a nutshell:

You need a H-1B visa to work in the US if accepted.

In order to hire you and/or spouse, university has to advertise each position separately in hard copy (i.e., not in electronic media only).

Scenario 1: university hires spouse on another H-1B.  Problem solved.

Scenario 2: university does not hire spouse.  Spouse then comes to the US as your dependent (H-4 visa).  Spouse cannot work or go to school.  However spouse can apply to schools and jobs in the US; if accepted  by one, spouse files change of status from H-4 to F-1 (student) or to H-1B (work visa) for a fee payable to USCIS and receives written notice of approval in a couple months. After receiving authorization, spouse may start school or work. Spouse does not get new visa stamped in passport, however.  First time spouse travels abroad ONLY to home country, Canada or Mexico, spouse must get new visa stamped in passport at an American consulate.  For Canada or Mexico, it advisable to have some academic reason to visit (i.e., attending a conference), rather than tourism.

It is preferable to stay away from J-1/J-2 visas if possible since they often come with 2 years home residence requirement after the position ends and one cannot change status to another visa without a waiver (serious headache).

[trailingspouse]

Yes, stay away from J-1... brought lots of headaches. However, it'd be best if they can provide your spouse with H-1B. For higher education, H-1B should not be complicated, it will not count toward quota. If they hesitate, offer them to pay the lawyer your own for your spouse - I doubt they'd mind. I believe H-1B can be used for adjunct or part time too.

I'd be hesitant to use F-1, since F-1 carries stipulation of proof that you will return back to your own country after graduation, even though you may change your mind later. H-1B carries dual residency provision, means you need not show them that you will return to home country. This whole thing is kind a tricky - sometimes you will get a nice immigration officer who is willing to help you, sometimes they'd just want to make your life miserable. Just be in the safe side.

Good luck !

[unspoiled]

I'd be hesitant to use F-1, since F-1 carries stipulation of proof that you will return back to your own country after graduation.

Sorry, that's not accurate. You're making a confusion with certain types of J-1 here, which carry the 212 (E) home residence requirement (HRR). F-1 never carries such provisions.