A great number of non-citizens have the goal of finding employment in the United States. This article offers a rundown of the employment-based nonimmigrant visa classes, as well as the immigrant visa classifications, and additional categories of immigrants that are eligible for work permits. Each categorization includes a link that takes you to further information about the criteria it imposes.
A petition for a nonimmigrant worker's temporary work authorization in the United States may often be submitted on their behalf by a potential employer to the United States Citizenship and Immigration Services (USCIS). On the website titled "Temporary (Nonimmigrant) Workers," the primary nonimmigrant temporary worker classes are discussed.
You could be eligible to live and work in the United States permanently if you apply for an employment-based immigrant visa and demonstrate that you have the necessary level of education, job experience, and/or specialized skills. On the section devoted to Permanent Workers, the five employment-based immigration visa preferences are explained (also called categories).
If you currently reside in another country and would want to find employment in the United States, you are required to submit an application for a work visa to the Department of State (DOS) of the United States of America, unless citizens of your home country are exempt from this requirement. For further details, please see the Department of State's Travel Without a Visa website.
Before you may submit an application to the Department of State (DOS) for a visa or request admission at a port of entry, your petition will need to be approved by USCIS in the majority of circumstances. You are required to show yourself to an officer of the United States Customs and Border Protection (CBP) in order to acquire clearance to enter the United States and participate in the activity that you have planned before entering the country.
You are normally eligible to apply for the following if you are present in the United States in a valid nonimmigrant status that does not give work authorization:
a change of status to a category of nonimmigrant that allows for work authorisation; or
The process of changing one's immigration status in order to become a legal permanent resident. It is possible for this to be filed at the same time as a petition for an immigrant visa; however, depending on the circumstances, it may be necessary for the applicant to first obtain an approved immigrant visa before submitting an application for an adjustment of status to become a lawful permanent resident.
Your application for a change or adjustment of status may, depending on the classification you seek, require a U.S. employer or another qualified requestor to file an application or petition on your behalf to establish your eligibility before we will approve your application. This could happen either before or after we approve your application. If, on the other hand, you are applying based on certain classifications (such as an alien with extraordinary ability or as a nonimmigrant E-1 or E-2 principal treaty trader or investor), you may be eligible to self-petition, which means you can submit an application on your own behalf. In this case, filing an application on your own behalf means filing an application on your own behalf.
In addition, if you are currently present in the United States, including if you are an applicant for permanent residence or a certain family member of an alien who has lawful nonimmigrant status, you are permitted to submit Form I-765, Application for Employment Authorization, in order to make a request for employment authorization and an Employment Authorization Document. This is the case regardless of whether you are an applicant for permanent residence or a family member of an alien who has lawful nonimmigrant status (EAD). If your immigration status allows you to work freely inside the United States of America, you may also submit an application for an Employment Authorisation Document (EAD) that demonstrates this authorization.
The kind of immigration status that the Department of Homeland Security (DHS) gives determines both the requirements that must be satisfied and the maximum amount of time that an individual is permitted to work in the United States. You are required to behave in a manner that is consistent with the terms of your job authorization as well as the terms of your entry into this country. If you breach any of the requirements, you run the risk of being expelled from the United States and having your request to return there refused.