A coworker who came from foreign country (bob) who earned a masters degree, obtained a work visa, and has been employed for 5 years for same company that I have been employed with for 3 years is being considered for a manager position. I have a bachelors degree with 25 years of experience with tons of certifications. From many Dept's, many say I'm better suited for that position. The problem is the hiring director is leaning towards Bob because he has a masters. My question, I'm not sure what the Texas law says about at what work visa status can a foreign person be promoted before any us citizen is given the opportunity to interview?

There is no federal or state law that addresses this. I doubt that any company policy does either.

[I had a much longer response for about 2 minutes, but I had misread, thinking that you have 25 years with this company.]

In Canada he would not be considered unless the company proved that a CDN citizen could not fill the job.

Has he not over stayed his visa ? That would disqualify him if so

I may disagree with Canada, since he would already be in country, with work visa and not need any new papers.

But in US, he has actually a better chance, with a higher degree and already 5 years of experience.

Re Canada - fill the job, or be promoted when he's already working there?

I'm not sure what the Texas law says about at what work visa status can a foreign person be promoted before any us citizen is given the opportunity to interview?

Texas law (or the law in any state or federal law) says nothing about this. To do so would be unconstitutional and any such law would be struck down. It would be considered discrimination.

What I'm not clear on here is whether the hiring director has interviewed you or refused to interview because he prefers Bob. If you have been interviewed then you have been given the opportunity to plead your case. If you have been refused an interview, then talk to the hiring director's boss and ask why you weren't given that opportunity.

DO NOT, however, mention anything about Bob's visa status. That will make you sound like a bigot and work against you. You should deal only with the fact that a degree is not necessarily an indication of the quality of work. You should highlight your experience, certifications and job reviews, in other words your qualifications. NOTHING MORE!

This would all depend on company policy. I'm a nurse, where I work, education trumps experience. Many facilities will not promote unless there is a certain level of education.

You need to find out what your company's policy is on this.