Visa is required to lawfully work in the United States
Visa, Do you want to work in the United States? Many foreigners aspire to work in America. Those seeking employment in the United States should be familiar with employment-based nonimmigrant categories, immigrant visa classifications, and other noncitizen categories that are eligible for employment authorization. One common way for a nonimmigrant to work temporarily in the United States is for a potential employer to file a petition with USCIS on your behalf. There are several classes, one of which is the H-1B visa.
If you meet the relevant qualifications in terms of education, training, and/or working experience, you may be able to live and work permanently in the United States by applying for an employment-based immigrant visa. Permanent Workers are classified as one of the five employment-based immigrant visa preferences or categories.
To work in the United States as a non-citizen, you must typically apply for a visa through the Department of State (DOS). Often, USCIS must accept your petition before you may apply to DOS for a visa or request admission at a port of entry. To enter the nation and carry out the desired activity, you must appear in person before a U.S. Customs and Border Protection (CBP) officer.
If you are in the United States in a lawful nonimmigrant status that does not allow you to work, you may normally apply for:
- A change of status to a nonimmigrant classification that allows you to work; or
- A change of status in order to become a lawful permanent resident. This may be a concurrent filing with an immigrant visa petition, or it may be necessary for an applicant to get an accepted immigrant visa before applying for adjustment of status to become a lawful permanent resident, depending on the circumstances.
Depending on the classification you seek, your change or adjustment of status application may necessitate the filing of an application or petition on your behalf by a U.S. employer or other eligible requestor before we approve your application. However, if you apply under certain categories (for example, as an alien with exceptional ability or as a nonimmigrant E-1 or E-2 primary treaty trader or investor), you may be able to self-petition, which entails making an application on your own behalf.
Furthermore, if you are in the United States, you may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD) if you are an applicant for permanent residence or a certain family member of an alien with lawful nonimmigrant status. If your immigration status allows you to work in the United States without restriction, you may also file for an EAD that shows such authority.