Performing work in the United States

Many foreign nationals desire to work in the United States. The classes of immigrant and nonimmigrant visas based on employment, as well as additional categories of immigrants qualified for employment authorization, are summarized on this page. There is a link to further in-depth information about the requirements for each classification.

It is typical for a potential employer to submit a petition on your behalf with USCIS to allow you to work temporarily in the country as a nonimmigrant. The primary nonimmigrant temporary worker classifications are described on the webpage for temporary (nonimmigrant) workers.

By applying for an employment-based immigrant visa, you could be eligible to live and work permanently in the United States if you have the necessary skills, education, and/or job experience.

You must often apply for a visa from the United States if you reside outside of the country and wish to work there. Department of State (DOS), unless citizens of your country of nationality are exempt from needing a visa.

Before you may submit an application to DOS for a visa or request admission at a port of entry, USCIS frequently needs to approve your petition. You must present yourself to an American before you are allowed to enter the country. a Customs and Border Protection (CBP) agent, gain authorization to enter the country and participate in your proposed activity.

If you are legally present in the country as a nonimmigrant who does not have work permission, you can often apply for:

• a status change to a nonimmigrant category that allows for employment authorization; or
• a change in status to become a legitimate permanent resident Depending on the situation, an applicant may need to secure an accepted immigrant visa before applying for an adjustment of status to become a lawful permanent resident; alternatively, this may be a contemporaneous filing with an immigrant visa petition.

Depending on the classification you choose, we may need a U.S. employer or other eligible requestor to submit an application or petition on your behalf to prove your eligibility before we grant your change of status request. However, you might be qualified for self-petition, which entails applying on your behalf, if you apply based on certain classifications (for instance, as an alien with the remarkable ability or as a nonimmigrant E-1 or E-2 primary treaty trader or investor).

Additionally, you can submit Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document if you are already in the United States, including if you are applying for permanent residence or a specific family member of an alien with lawful nonimmigrant status (EAD). If your immigration status allows you to work in the US without any restrictions, you can also apply for an EAD that demonstrates such authority.

The type of immigration status the Department of Homeland Security (DHS) grants determines the requirements you must meet and the length of time you can work in the United States. You must abide by all requirements for your work permit and the conditions of your entry into this country. You risk being expelled from the country or being denied re-entry if you break any of the rules.

Your potential employer must typically submit a nonimmigrant petition on your behalf with USCIS for you to legally enter the country to work temporarily as a nonimmigrant1.

Seeking Dependent Nonimmigrant Classification for Spouses and Children

If not exempt, spouses and children of temporary workers who are eligible for dependent nonimmigrant status outside of the United States should apply for a visa directly at a U.S. consulate.

Couples and kids must submit Form I-539, Application to Extend/Modify Nonimmigrant Status, to change their status or extend their stay as dependent nonimmigrants. For more details on how to file this application, please refer to the Form I-539 instructions.

Permanent Personnel

Each fiscal year, noncitizens (and their spouses and children) who want to immigrate because of their employment abilities have access to about 140,000 immigration visas. You could be able to live permanently in the US if you meet the requirements for education, employment experience, and/or skills. The following is a list of the five employment-based immigrant visa preferences (categories).

Occupational Visas

We are prioritizing actions to make sure we utilize as many employment-based visas as possible throughout this fiscal year.

We strongly advise anyone who might be qualified for an employment-based adjustment of status to submit their application as soon as possible, together with a current Form I-693, Report of Medical Examination, and Vaccination Record.

In Fiscal Year (FY) 2021, there were an abnormally large number of employment-based immigrant visa numbers available. Despite capacity limitations brought on by the epidemic, USCIS was able to speed up processing and approve more than 175,000 applications for employment-based adjustment of status. Even though this was a more than 50% increase above our usual workload, after FY 2021, there were still 65,000 open slots for employment-based visas.

Employment Verification

You must already have a work offer from a U.S. business to qualify for some immigrant visa preferences. This company will serve as your sponsor. Before submitting an immigration petition to USCIS for certain visa categories, a business must first get an authorized labor certification from the US. Employment Department (DOL). The following is confirmed by the DOL labor certification:

For the employment being offered at the prevailing pay, there are not enough U.S. employees who are available, qualified, and willing to fill it.

The salary and working conditions of similarly employed American workers won’t be negatively impacted by hiring a foreign worker.

Visit the Labor Certification page for further details.

If you are legally present in the country as a nonimmigrant who does not have work permission, you can often apply for:

• a status change to a nonimmigrant category that allows for employment authorization; or
• a change in status to become a legitimate permanent resident Depending on the situation, an applicant may need to secure an accepted immigrant visa before applying for an adjustment of status to become a lawful permanent resident; alternatively, this may be a contemporaneous filing with an immigrant visa petition.

Depending on the classification you choose, we may need a U.S. employer or other eligible requestor to submit an application or petition on your behalf to prove your eligibility before we grant your change of status request. However, you might be qualified for self-petition, which entails applying on your behalf, if you apply based on certain classifications (for instance, as an alien with the remarkable ability or as a nonimmigrant E-1 or E-2 primary treaty trader or investor).

You may also submit Form I-765 if you are a resident of the United States, including if you are applying for permanent residence or are a specific family member of an alien with valid nonimmigrant status.

Request for Employment Authorization, Employment Authorization Document, and Application for Employment Authorization (EAD). If your immigration status allows you to work in the US without any restrictions, you can also apply for an EAD that demonstrates such authority.

The type of immigration status the Department of Homeland Security (DHS) grants determines the requirements you must meet and the length of time you can work in the United States. You must abide by all requirements for your work permit and the conditions of your entry into this country. You risk being expelled from the country or being denied re-entry if you break any of the rules.

Temporary Business Visitors

You must get a temporary visitor for a business visa to travel to the United States.

Shankar Law Offices has been In the Industry for more than two decades, Any concerns regarding New Interest waivers or immigration issues we have the best and most knowledgeable staff to assist you. Contact us.