I Was Offered a Job in the U.S., But I Am Not a Citizen. Now What?

If you have been offered a job in the U.S., but you are not a U.S. citizen, you may still be able to work in the U.S.  You will need to obtain either a temporary work permit, called an Employment Authorization Document (EAD), or a temporary work visa.  The most common temporary work visa is the H-1B. Other common work visas are the L-1A, L-1B, and the TN. Although both the EAD and the temporary work visa allows the holder to work in the U.S., each one has differences.  Each document has different eligibility requirements and it is important to understand the differences between the two to know which document is right for you.

Employment Authorization Document

Non-immigrants, who do not possess a green card, can request a temporary work permit by applying for an Employment Authorization Document, or EAD.  People who would like to obtain an EAD for employment in the U.S. are not sponsored by an employer. They fall under certain categories such as students, fiances of U.S. citizens, and persons seeking refugee or asylum status.  

EADs allow non-immigrants to work for any employer.  The EAD does not grant immigrant status. EADs are generally granted for a period of 2 years, and in some cases 1 year.  Before expiration, if you would like to continue working in the U.S., you must apply for renewal. In order apply for an EAD, you must fill out a Form I-765, and include the $340 fee.  Immigration attorneys in Houston can be extremely helpful with this process as they are knowledgeable and experienced in applying for temporary work permits for foreign workers.

Temporary Work Visa (H-1B)

An immigration visa that allows foreign workers to come to the U.S. for employment for a limited stay is a temporary work visa.  These visas come in various types that apply to certain occupations. Temporary work visas must be obtained by the employer on the employee’s behalf.  H-1B visas are specific to specialty occupations, that require the employee to have a minimum bachelor’s degree or equivalent degree and/or job experience.  The work visas are temporary, usually for a period of 6 years, which can be extended in some instances. There is currently a limit of 65,000 H-1B visas allowed per year in the U.S.  Additionally, 20,000 work visas for applicants with master’s degrees or higher degrees that do not fall under the H-1B visa category.

The employer must apply for the work visa up to 6 months prior to the employment start date.  

The employer must fill out the necessary H-1B application paperwork with the USCIS and pay the associated fees of $190.  Employment immigration attorneys in Houston, TX have the expertise and skills sets necessary to assist any employer through this process without any unnecessary delays that can occur when forms are filled out incorrectly or documents are filed wrong.  Don’t let your application be delayed or denied because of common errors made by inexperienced employers.

Whether you need an EAD or a temporary work visa, Davis & Associates can assist you every step of the way.  Our team of highly experienced immigration attorneys in Houston are here to answer any questions you have regarding your application for a temporary work visa or permit.