Employment Immigration Help
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A work permit is also called an employment authorization document, or EAD. An EAD application is a five-page form, and you attach your supporting documentation and submit to the United States Citizenship and Immigration Services (USCIS). Work permits are typically granted to people who are in the process of getting a green card or adjustment of status and who have a legal right to be in the U.S.
If you have immigrated or are planning to immigrate to the United States and wish to work here you will need either a permanent resident card (green card), a work permit or an employment visa to do so legally. If you do not have a green card and are seeking a work permit or employment visa it is important to determine what type of worker you are. There are three types of workers eligible to immigrate to the United States:
- Temporary Business Visitors
Our Employment Immigration Attorneys can help you obtain legal work status in the United States.
If you are do not currently reside in the U.S. you typically apply for your employment visa with the Department of State, and in most cases, the USCIS will need to approve your petition before you are eligible to apply. Before coming into the U.S. you need to present yourself to a Customs and Border Protection officer at a legal port of entry and receive permission to enter.
If you are already in the United States legally in another lawful nonimmigrant status that does not have an employment authorization, you can either apply for a change of status to another nonimmigrant classification or an adjustment of status to become a lawful permanent resident.
Temporary (Nonimmigrant) Workers
It is common for employers to file a petition on behalf of employees that would like to temporarily work in the United States. The employees are known as Temporary or Nonimmigrant Workers. Please note, if you are a Temporary Worker and you have a spouse or children who qualify as dependent nonimmigrant of a temporary worker and they are still outside the U.S., they should apply for their visa at a consulate.
It is important to know that even Temporary Nonimmigrant workers may have to pay taxes on their income. Here are the Temporary Nonimmigrant Worker Classifications:
Temporary (Nonimmigrant) Worker Classification
H-1B1 – Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
H-1B2 – Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.
H-1B3 – Fashion models of distinguished merit and ability.
There are limited number of permanent immigrant visas granted each year for people who want to immigrate to the U.S. for work. If you are eligible and have the right skills, education and experience you may be able to apply for a Permanent Work Visa. Our Employment Immigration attorneys can help you determine your eligibility.
Often times employment visas require you to already have a job offer in the U.S. in order to be eligible. The employer will become a sponsor and must be certified by the Department of Labor indicating that there aren’t enough qualified workers in the U.S. to fill the position and that hiring a foreign worker will not negatively affect wages and working conditions for similar jobs in the United States. It is the employer’s responsibility to obtain that certification before becoming a sponsor.
Permanent workers in the United States will most like have to pay taxes. Here are the Permanent Worker Visa Preference Categories: