For many, the United States represents an opportunity for education and employment. Whether you’re a nonimmigrant seeking temporary work or you desire to live permanently in the U.S., understanding the myriad of employment authorization processes is crucial.
Nonimmigrant Employment Options
One of the most common ways to temporary employment in the United States involves having an employer file a petition with the U.S. Citizenship and Immigration Services (USCIS) on your behalf. This pathway falls under the nonimmigrant temporary worker classifications, each with its unique set of requirements that the employer and employee must meet.
Permanent Employment Options
For those possessing the right combination of skills, education, and work experience, an employment-based immigrant visa offers the chance to live and work in the United States permanently. Five employment-based immigrant visa preferences or categories exist, each with its distinctive set of prerequisites.
In most cases, to work in the U.S., individuals living outside the United States must apply for a visa from the U.S. Department of State (DOS), unless their nationality exempts them from this requirement.
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Crossing the Border
Before entering the United States, individuals must present themselves to a U.S. Customs and Border Protection (CBP) officer, who will grant permission to enter the United States and engage in their proposed activity. In many scenarios, USCIS must approve your petition before you become eligible to apply to DOS for a visa or seek admission at a port of entry.
Adjusting Immigration Status
If you’re already in the United States under a lawful nonimmigrant status without employment authorization, you can apply for a change of status to a nonimmigrant classification that permits employment. Alternatively, you can seek an adjustment of status to become a lawful permanent resident.
Certain classifications may allow you to self-petition, while others may require a U.S. employer or another qualified requestor to file an application on your behalf to establish eligibility.
Employment Authorization Document
If you’re already residing in the United States, you may file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). This authorization allows you to work in the U.S. without restrictions, depending on your immigration status.
The conditions you must meet and how long you can work in the U.S. will depend on the type of immigration status granted by the Department of Homeland Security (DHS). It’s crucial to comply with all conditions of your employment authorization and the terms of your admission into the country. Non-compliance could result in removal from or denial of re-entry into the United States.
US Work Visas: A Comprehensive Guide to Work Authorization
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You may have questions regarding a U.S. immigration matter. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.
