Do Your Family Members Need Work Visas to Get Jobs?
The U.S. admits thousands of foreign workers, but non-citizen workers must be authorized to work in the United States. If you or a member of your family needs to be authorized for employment, your first step is discussing the matter with an immigration attorney.
Immigrants may not work in the U.S. unless they hold a green card, a work visa, or an Employment Authorization Document (a “work permit” or EAD). An EAD is a photo ID card issued by U.S. Citizenship and Immigration Services (USCIS).
Who qualifies to obtain a work visa or an Employment Authorization Document? What steps do you take to obtain a work visa or an Employment Authorization Document? What else do foreign nationals, employers, and family members need to know about work visas and EADs?
If you need to qualify for work in the United States, or if a member of your family needs to qualify for work, you will also need the advice and services that an immigration lawyer can provide.
How Does Someone Acquire a Work Visa?
Work visas are employment-based visas that allow foreign nationals to enter and work legally in the U.S. for a fixed period of time. The amount of time that a foreign national may live and work in the United States will depend on what type of work visa that person has obtained.
Before you may apply for a temporary work visa at a U.S. Embassy or Consulate, a Petition for a Nonimmigrant Worker (Form I-129) must be filed on your behalf by your prospective U.S.-based employer and must be approved by USCIS.
If your employer’s visa petition is approved, you may then apply to USCIS for a work visa. Commonly sought work visas include:
- H-1B visas for persons in specialty occupations
- H-1B1 specialty visas for professionals from Chile or Singapore
- H-2A visas for temporary agricultural workers
- H-2B visas for temporary non-agricultural workers
- H-3 visas for trainees or special education visitors
- L visas for intracompany transferees
- O visas for individuals with extraordinary abilities or achievements
- P visas for individual or team athletes, artists, and entertainers
- Q-1 visas for participants in international cultural exchange programs
- R-1 visa for religious occupations
Some work visas require employers to obtain labor certificates and approvals from the U.S. Department of Labor before they request the visa. Employers who hire immigrants should check with an immigration attorney to ensure they have met the requirements for a work visa.
When Do Work Visas Expire?
How long a work visa stays in effect depends on the visa. H-1B visas may be valid for up to six years. Depending on the labor certification, the duration of H-2A and H-2B visas may vary. Extensions of H-2A and H-2B visas are available for up to three years.
For foreign nationals who hold a performance-based visa (such as an O or P visa), that visa usually remains valid for the time it takes to accomplish or complete the event or performance. All of these visas are eligible for extensions.
How Do You Request a Work Permit?
Perhaps you entered the U.S. on an F-1 student visa or a K-1 fiancé visa—that is, a visa that is not a work visa. Or perhaps you have not left your nation of origin yet but are seeking a job offer in the United States.
Before you may begin working for any employer, you must apply and be approved for an Employment Authorization Document. Undocumented immigrants and tourists (B-1 visa holders) are not eligible to request or receive an Employment Authorization Document without a different underlying basis or change of status.
To obtain an EAD, you will need to complete USCIS Form I-765, attach the documents that prove you are allowed to apply for a work permit and include the necessary photos and fees. (Note that the fee does not apply to several categories of EAD applicants).
If you are already residing in the U.S., ask an immigration lawyer to help you complete and file Form I-765. You can expect a reply from USCIS within several weeks.
Can EADs Be Extended?
If your EAD has expired or is about to expire, and if you still qualify to work in the United States, you may request a renewal Employment Authorization Document by filing a new Form I-765 and filing fee (unless a waiver of the fee is requested and approved).
File your EAD renewal application promptly once your current EAD is within 180 days of its expiration date. Filing promptly reduces any chances for a gap in your employment authorization.
If There’s a Problem With Your EAD Card
If your EAD card is destroyed, lost, or stolen, you may ask for a replacement Employment Authorization Document card by completing and submitting a new Form I-765 and filing fee (if the fee is required).
If your Employment Authorization Document card includes erroneous information that is not due to an error by USCIS, you must file a new Form I-765 and filing fee (if the fee is required), accompanied by the card that contains the mistake.
If your EAD includes inaccurate information due to an error by USCIS, you will not be required to complete another Form I-765 or pay another fee. Instead, submit to USCIS the card with the mistake, a detailed explanation of the mistake, and documentation for the right information.
What Else Should You Know About Work Visas and EADs?
Under the Immigration and Nationality Act, immigrants with work visas and EADs are protected by U.S. labor laws, including the Fair Labor Standards Act, which guarantees the federal minimum wage. U.S. labor laws apply to all foreign nationals authorized to work in this country.
U.S.-based employers who hire foreign nationals should know that immigration regulations are aggressively enforced, and especially against employers, but an immigration attorney can advise employers regarding concerns like I-9 forms, E-Verify, work visas, EADs, and compliance.
Immigration laws are always changing and can be confusing. Whether you are an international worker, a U.S.-based employer, or a relative of someone who needs work authorization, you must have up-to-date, accurate legal advice.
You may contact an immigration lawyer from anywhere in the world for help with work visas and work permits. If you have any concerns or questions about work authorization in the United States, speak at once with an immigration attorney by calling SRR Law Group LLC at 507-580-7374.
