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.
All 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.
