Many foreigners want to come to the United States to work. If you live outside the United States and want to work here, you generally must apply for a visa from the U.S. Department of State (DOS), unless a visa is not required for people from your country of nationality.
There are several employment-based nonimmigrant and immigrant visa classifications and other categories of noncitizens who are eligible for employment authorization.
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.
If you have the right combination of skills, education, and work experience, you may be able to live and work permanently in the United States by seeking an employment-based immigrant visa.
In many cases, USCIS must approve your petition before you are eligible to apply to DOS for a visa or seek admission at a port of entry. Before entering the United States, you must present yourself to a U.S. Customs and Border Protection (CBP) officer and receive permission to enter the United States and engage in your proposed activity.
If you are in the United States in a lawful nonimmigrant status that does not provide employment authorization, you generally may apply for:
A change of status to a nonimmigrant classification that provides employment authorization; or
An adjustment of status to become a lawful permanent resident. This may be a concurrent filing with an immigrant visa petition or, depending on the circumstances, may require an applicant to obtain an approved immigrant visa before applying for an adjustment of status to become a lawful permanent resident.
Depending on the classification you seek, your change or adjustment of status application might require a U.S. employer or other qualified requestor to file an application or petition on your behalf to establish your eligibility before USCIS approve your application.
However, if you apply based on certain classifications (for example, a foreigner 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 filing an application on your own behalf.
The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. E-2 category caters to foreigners investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
Additionally, if you are in the United States, including if you are an applicant for permanent residence or a certain family member of a foreigner who has lawful nonimmigrant status, you may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD).
You may also apply for an EAD that shows such authorization if your immigration status authorizes you to work in the United States without restrictions.
The conditions you must meet and how long you can work in the United States depend on the type of immigration status the Department of Homeland Security (DHS) grants. You must comply with all conditions of your employment authorization and the terms of your admission to this country. If you violate any of the conditions, you could be removed from or denied re-entry into the United States.
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Publish date : 2024-12-31 20:37:00
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