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Eligible to Work in the United States

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ELIGIBLE TO WORK IN THE UNITED STATES

If you wish to work in the United States, you must have the legal right to do so. Non-citizens must have an immigration status that authorizes them to work in the U.S. Non-citizens can seek permanent residency and work authorization in the U.S. or apply for a temporary visa to work while in the U.S. Other lawful immigration statuses also confer the right to seek employment in the U.S. Given the complexity of U.S. immigration law, non-citizens should work with experienced legal counsel to help them understand their options and navigate the application process.

Citizenship and Immigration Status Requirements

Anyone who wants to work in the United States must have work authorization. While citizens automatically have work authorization in the U.S., non-citizens must have the correct immigration status to work there legally. Like citizens, lawful permanent residents/green card holders have the right to work in the U.S. Other non-citizens must have a temporary visa or immigrant/nonimmigrant status that permits working in the U.S.

Work Authorization for Non-Citizens

A non-citizen can obtain authorization to work in the U.S. by obtaining lawful permanent residency (green card). Non-citizens can obtain a family-based green card based on their qualifying relationship with a U.S. citizen or lawful permanent resident. Non-citizens can also apply for an employment-based green card, which allows a non-citizen to live and work in the U.S. indefinitely. The five categories of employment-based green cards include:

  • EB-1: Persons with extraordinary abilities, outstanding professors/researchers, and executives/managers of multinational companies
  • EB-2: Professionals with advanced degrees or exceptional ability
  • EB-3: Skilled workers and professionals in jobs requiring at least two years of training/experience or a bachelor’s degree (or equivalent)
  • EB-4: Certain special immigrants, including religious workers, broadcasters, members of foreign armed services, federal government international employees, and employees of international organizations
  • EB-5: Immigrant investors who invest in new enterprises that provide jobs for U.S. workers

Non-citizens can also obtain work authorization through a temporary work visa. Temporary work visas allow non-citizens to come to the U.S. for work for a limited period (unless the non-citizen renews their visa or adjusts their immigration status). Common examples of temporary work visas include:

  • H-1B: Persons in specialty occupations
  • H-2A: Temporary/seasonal agricultural workers
  • H-2B: Temporary/seasonal non-agricultural workers
  • B-1: Temporary business visitor
  • I: Foreign press or media
  • L-1: Intracompany transfers
  • P-1: Athletes or entertainers
  • P-2: Artists or entertainers performing under a reciprocal exchange agreement
  • R-1: Religious workers
  • O-1: Persons with extraordinary abilities in education, science, business, art, or athletics
  • TN: Professionals from Canada or Mexico

Other types of temporary visas also include work authorization or allow non-citizens to work under certain circumstances, such as F-1 and M-1 student visas and J-1 exchange visas.

Finally, other types of immigration statuses allow non-citizens to apply for a permit to work in the U.S., including:

  • Deferred Action for Childhood Arrivals (DACA) recipients
  • Non-citizens granted refugee status, asylum, or deferral of removal under the Convention Against Torture
  • Non-citizens paroled into the U.S. for urgent humanitarian reasons or reasons of significant public benefit
  • Non-citizens with pending adjustment of status (lawful permanent residency) applications
  • Non-citizens with Temporary Protected Status or Deferred Enforced Departure
  • K-1 (fiancée of U.S. citizen) visa holders
  • K-2 (dependent of U.S. citizen) visa holders
  • K-3 (spouse of U.S. citizen) visa holders
  • U (victim of criminal activity) visa holders
  • T visa holders
  • Spouses of certain visa holders, including A, G, NATO, E, L, and H-1B visas

Verification of Eligibility to Work in the U.S.

ELIGIBLE TO WORK IN THE UNITED STATESAll employers in the U.S. must verify each new hire’s eligibility to work in the US, including citizens and non-citizens. Employers and employees must complete a Form I-9 from U.S. Citizenship and Immigration Services. On the form, an employee must attest that they have authorization to work in the US. The employee must also present their employer with identity and work authorization documentation. For example, citizens can present their US passport or birth certificate with a photo ID. A lawful permanent resident can present their permanent resident card. Other non-citizens typically must provide an Employment Authorization Document from USCIS as proof of their authorization to work in the U.S.

Contact an Immigration Lawyer Today

When you decide to move to the U.S. for work, you must obtain authorization from the federal government to enter, live, and work in the U.S. Securing work authorization can involve a complex, time-consuming process. Call the Law Office of William Jang, PLLC at (512) 323-2333 today for an initial consultation to discuss your eligibility for employment immigration and to learn more about the visa application process.

What Our Clients Are Saying
ECS
ECS Jul 11, 2024
5.0

Atty. William Jang helped my son's now wife with a change of visa and later after marriage to apply for a green card. In both instance, Mr. Jang was outstanding, he is absolutely and expert in immigration and understand the ins and outs. We were successful in both instances and my daughter in law... Read More

Kalpesh Oza
Kalpesh Oza Mar 16, 2024
5.0

William is very powerful immigration lawyer. We applied from Australia and received our EB3 immigrant visa in the Sydney US Embassy. And we received our Green Card within a month after arriving in the US. Process was complicated and was not easy. He dealt with NVC and the Sydney US embassy to... Read More

ROMEO VELIAJ
ROMEO VELIAJ Feb 20, 2024
5.0

Highly recommend.

Angie Apo
Angie Apo Feb 02, 2024
5.0

The staff and Atty. Jang are very helpful and accommodating. I can personally attest how they helped my fiance and me in my visa journey! They will prepare everything for you. All you have to do is gather all the documents they needed and signed. They will do the rest. Visa already issued as I've... Read More

Apolonio Hernandez
Apolonio Hernandez Jan 31, 2024
5.0

Angie and I are super satisfied with the service we received from Law Office of William Jang and his staff. Mrs. S. Hernandez was extremely patient and efficient with our K-1 Visa application. I understand the chaos at the border was a drag on our process, but their work on our K-1... Read More

Rosalinda Gonzalez de Cardenas
Rosalinda Gonzalez de Cardenas Jan 25, 2024
5.0

FUE UNA EXCELENTE EXPERIENCIA LA QUE TUVIMOS CON EL LIC. WILLIAM JANG, QUIEN ES SOBRESALIENTE EN SU CARRERA POR SU EFICIENCIA. TANTO ÉL COMO SU ASISTENTE SON MUY AMABLES Y ESTAN MUY AL TANTO DE LOS CASOS. MUY RESPONSABLE Y DIGNO DE TODA CONFIANZA. MI ESPOSO Y YO EN MENOS DE SEIS MESES TUVIMOS LA... Read More

Dorina Selenica
Dorina Selenica Jan 04, 2024
5.0

I Highly recommend Mr. Jang proved to be an exceptional advocate. Mr. Jang is an outstanding immigration lawyer who exceeded all our expectations. His expertise, patience, responsiveness, and genuine care for his clients make him an invaluable guide in navigating immigration law. Mr. Jang was very... Read More

Andrew
Andrew Nov 03, 2023
5.0

William Jang and his team did an amazing job with our US spousal visa. They were friendly, helpful, and responsive to questions. They drafted documents effectively and offered clear guidance throughout, managing expectations well. We will certainly continue to use them for future immigration legal... Read More

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