For individual who are not either naturally born American citizens, naturalized citizens, or a lawful resident of America, permission to work in America will have to be acquired. There are two permits needed to have permission to work in America, and they are:
•A Employment Authorization Document (EAD)
•A Work Visa
While both give foreigners permission to work in America there are some differences. The I-765 form is used for temporary foreign nationals residing in the U.S. To apply for permission to work during the time they reside in the United States. If an EDA is granted the holder will be able to work and earn a living in America for one year.
A work visa gives permission for some foreign national to enter the U.S. For the primary purpose of working for a company in the United States, or participate in a work-study program in the United States. This means employers whom are recruit foreign nationals for employment in the country are required to request that the employee applies for a work visa in order to legally work in the country. Individuals seeking a work visa will be required to apply for an EAD as well.
Work visas can be applied for threw the U.S. Embassy or Consulate in the country of the visa seeker. If there is not a U.S. Embassy or Consulate in the visa seeker's country they are able to apply in a country that is closet to the visa seekers residence abroad.
Work visas are temporally granted for the type of work that the applicant will be preforming while in the country. Consideration will also be given to the applicant's reason for travel. Applicants will have to meet specific qualifications for a work visa.
Employers seeking to employ foreign nationals will be required to apply for a nonimmigrant petition on behalf of the employee with the U.S. Citizen and Immigration Services as well.
Individuals are able to apply for a U.S. Exchange Visitor nonimmigrant visa that will give them permission to participate in a work-study based exchange visitor programs.
Foreign workers who are seeking permanent U.S. Residency will be required to acquire a green card in order to work in America. The formally known United States Lawful Permanent Residency Permit gives authorization to individuals to be able to live and work in the United States permanently. Individuals seeking a green card can apply after they are assigned a visa number.
Types of work visas are:
•J-1 Visa: This visa is an Exchange Visitor visa. Individuals seeking this type of visa must first find a sponsoring organization and are able to arrive 30 days before and depart 30 days after the term of the visa ends.
•H1-B Visa: This visa is can be sought by skilled, educated individuals who are employed in a specialized filed of occupation and is granted for temporarily employment by a specific employer.
•H2-A Visa: Foreign seasonal agricultural workers are able to apple for a H2-A visa in order to work in America.
•H2B Visa: Foreign non-agricultural workers are able to apply for permission to work in the U.S. In non-agricultural fields of work.
Individuals seeking a visa should first determine the type of visa to be applied for, and then contact a U.S. Embassy or Consulate to begin the application process.
For more information visit - https://www.upcounsel.com/work-visas
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Christina Morales helps provide useful business and legal tips about work visas for our customers and visitors. Having over a decade of writing experience in a variety of industries, she has also been very close to the legal space from a young age with family members who continue to practice business and tax law.
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