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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 makes them authorized to work in the United States. 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, and non-citizens should work with experienced legal counsel, like the attorneys in our firm to help them know if they are eligible to work in the United States and 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 for noncitizens. 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 are eligible to work in the United States. 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). They can also 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 them to live and work in the U.S. indefinitely.

Five Categories of Employment-based Green Cards

  • 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

  • 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 (USCIS). 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. Securing work authorization can involve a complex, time-consuming process. Call Law Office of William Jang, PLLC at (512) 323-2333 or contact us online today for an initial consultation with our Austin immigration attorneys to discuss if you’re eligible to work in the United States. We can assist you with your visa application process with our support and guidance.

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What Our Clients Are Saying
Collins Vakayil
Collins Vakayil Sep 07, 2024
5.0

William Jang is very informative. I definitely recommend him.

Rachel Dang
Rachel Dang Aug 29, 2024
5.0

Highly recommend Law office of William J. Very professional! His team is very helpful & honest and I didn’t feel lost once through out the whole process. They keep us updated on all that is going on with the case.

Chris Tcheutchoua
Chris Tcheutchoua Jul 26, 2024
5.0

I am speechless!!! I do not have words to describe my appreciation for M. William Jang and his team. They handled my case with maximum diligence and hard-work. The journey took many years, because my petitioner is a lawful resident. I just want to share that our experience with M. William’s firm... Read More

Eldar Hasanovic
Eldar Hasanovic Jul 22, 2024
5.0

We highly recommend the services of this office! Last year my wife and I started an Adjustment of Status (Green Card), and we used William Jang's services to help us collect all of the information and evidence we needed for the application. We were hugely impressed by the professionalism,... Read More

Natalie
Natalie Jul 16, 2024
5.0

Highly recommend! My husband and I filed for my green card with William Jang's office and had a very positive experience with them. They are thorough, professional, keen to answer all our questions, and always responded quickly to our inquiries. The process was also fast as I got my green card 4... Read More

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

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