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Immigration Work Permits

Home | Immigration Work Permits

What Is a Work Permit and Do You Need It?

Foreign nationals in the US can’t legally work unless they have explicit permission under the terms of their visa. Otherwise, they have to apply for a work permit. If you obtained a green card, that doesn’t mean you also have a work permit. As a matter of fact, you can obtain a work permit while having a pending green card application.

A work permit is issued by the U.S. Citizenship and Immigration Services (USCIS). It is a photo identity card that looks like a driver’s license, and it’s also called an Employment Authorization Document (EAD). The holders of this work authorization document can prove they are eligible to work legally in the United States.

When hiring a new employee, all US employers have to request proof of their immigration status and their right to work. So, if you want to work in the United States, make sure you complete the application process for your employment authorization document.

Who Is Eligible for a Work Permit?

Many immigrants can apply for and obtain a work permit. Eligible immigrants include approved temporary workers, DACA recipients, immigrants with temporary protected status, and asylum seekers. All EAD applicants will have to file I-765 Form, but the required supporting documents will vary depending on their situation.

However, undocumented immigrants and tourists are not eligible to obtain work permits.

What Is a Work Visa?

Many people confuse work visas and work permits. But there is a difference. A work visa allows an individual to live in the US and work for a specific employer who applied for their visa. Leaving that employer will leave that individual unable to work for anyone else until they get another immigration status. On the other hand, work permits allow individuals to work for any US employer as long as they have an immigration status that allows them to keep working and renew their permits.

What Is an H-1B Work Visa?

The H-1B visa is a temporary work visa that allows US employers to hire foreign national workers for specific jobs.

In order to be eligible for the H1B visa, the individual will need a job offered to them by a US employer for a position that requires specific knowledge. On the other hand, the employer in question will have to prove there is a lack of qualified US workers for that particular position.

To be eligible for an H-1B visa, you must:

1. Have a minimum of a 4-year university degree or equivalent;
2. Be paid at the “prevailing wage” or the “actual wage”, whichever is higher;
3. The job must require a minimum 4-year university degree or equivalent.

H-1B visas are subject to a numerical cap of 65,000 per fiscal year. In addition, 20,000 persons who obtain advanced degrees from universities in the U.S. have their own H-1B cap. Up to 6,800 H-1B visas are reserved for persons who are citizens of Chile and Singapore.

USCIS has updated its Terms of Use (TOU) policy for employers with FY-2021 H-1B cap registration accounts. You can stay up-to-date with the latest news regarding H-1B visas, the waiting times in the Visa Bulletin and other immigration news by subscribing to our Free E-Mail Newsletter.

How Can We Help?

Andrew T. Thomas, Attorneys at Law, can provide valuable information and advice on immigration law and procedures regarding work permits and work visas.

Our Texas immigration lawyers are experts and can help you through the intricacies of the immigration visa process.

What is a Work Visa?

A work visa is a non-immigrant visa that allows you to enter the US and work for a temporary time.

How do I qualify for a visa?

To qualify, you must have a job offer from a US employer that is willing to sponsor you.

Can I apply for Permanent Residency (green card)?

Yes. After you enter the US, you may apply for permanent residency (green card).

What types of Work Visas are available?

Please scroll down to view the types of work visas in the United States.

Great information to work in the United States

Working in the United States

Many aliens want to come to the United States to work. This page provides a summary of employment-based nonimmigrant and immigrant visa classifications and other categories of aliens who are eligible for employment authorization. Each classification provides a link to more detailed information on its requirements.

A common way to work temporarily in the United States as a nonimmigrant is for a prospective employer to file a petition with USCIS on your behalf. The Temporary (Nonimmigrant) Workers webpage describes the main nonimmigrant temporary worker classifications.

If you have the right combination of skills, education, and/or work experience, you may be able to live and work permanently in the United States by seeking an employment-based immigrant visa. The Permanent Workers webpage describes the five employment-based immigrant visa preferences (also called categories). For more information regarding working the United States please click here.

H-1B Employer Data Hub

The H-1B program allows employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent.

The H-1B Employer Data Hub includes data from fiscal year 2009 through fiscal year 2019 on employers who have submitted petitions to employ H-1B nonimmigrant workers. Data can be queried by fiscal year, employer name, city, state, zip code, and NAICS code. The H-1B Employer Data Hub has data on the first decisions USCIS makes on petitions for initial and continuing employment. It identifies employers by the last four digits of their tax identification. You can download annual and query-specific data in .csv format. For more information on the data, visit the Understanding Our H-1B Employer Data Hub page.

Download complete files for individual fiscal years on the H-1B Employer Data Hub Files page. For more info click here

Today, October 21, 1998, President Clinton signed into law the FY99 Omnibus Appropriations Bill (H.R. 4328). Included in this comprehensive bill, which incorporates the spending bills of eight federal agencies, are several immigration-related provisions, including the H-1B bill, Haitian Relief, and a delay of implementation of Section 110 of IIRAIRA. Several of these provisions are effective upon enactment. We summarize key elements below. Full text of the relevant sections of the bill will be available shortly. More detailed practice advisories will be forthcoming.

H-1B Bill Effective Dates

  • Increased visas are available immediately.
  • New attestations for H-1B dependent employers and willful violators are not effective until final regulations are published.
  • New $500 fee not effective until December 1, 1998.
  • “No benching,” equal benefits, and prohibition on departure penalties are effective immediately upon enactment. (These are not attestations, but employers must comply with these requirements as of the date of enactment, or they could be subject to penalties if investigated.)
  • New penalty scheme is effective for final determinations issued on or after date of enactment.
  • New Hathaway fix for colleges, universities and non-profit research institutions is effective for applications for permanent labor certification and LCAs filed on or after the date of enactment. New Hathaway fix also applies for applications awaiting final decision on a wage appeal on or after date of enactment.

There are many types of work visas available to persons overseas and in the US. Types of work visas include:

  • J-1 Visa for Trainees and Exchange Visitors
  • H-1B Visa for Professional Workers
  • E-1 Visa for International Trade Workers
  • E-2 Visa for Investors and Essential Workers
  • E-3 Visa for Australian Professional Workers
  • TN Visa for Canadian and Mexican Professional Workers
  • L-1A Visa for Multinational Company Managers, Executives and
  • L-1B Visa for Multinational Company Workers w/ Specialized Knowledge
  • P-1 Visa for Entertainers, Athletes and Artists
  • R-1 Visa for Religious Workers
  • F-1 and M-1 (OPT) Visas for Students for Students
  • H-2A Visa for Agricultural Workers
  • H-2B Visa for Temporary or Seasonal Workers
  • I Visa for Journalists and Reporters
  • O-1 Visas for Persons of Extraordinary Abilities in Sciences, Arts, Education, Business or Athletics
  • Other visas are also available if you qualify.

If you qualify for any of the above work visas, please call us to speak with an immigration lawyer. Our immigration lawyers will speak with you and discuss all your available options. After your consultation, our immigration lawyers will help you choose the right work visa for you and guide you through the entire process step-by-step from start to finish.

 

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