Working in the US

If you want to live and work in the US permanently, a ‘Green Card’ or immigrant visa allows you to do this on an indefinite basis. People who receive ‘Green Cards’ are usually sponsored by someone in their family or their employer. However, people who put money into the United States by way of a ‘qualifying investment’ (that assists the US economy and saves or creates jobs) may also be granted a Green Card.  Another method by which individuals can obtain permanent residency is through the ‘Diversity Lottery’, which gives Green Cards to 55,000 people a year from countries that have low immigration rates into the United States.

Work Visas

There are many types of visas that allow individuals to work in the US on a temporary basis in the United States. The visa that you will require depends on the type of work you will be doing and your entry to the US. All employers are required by law to check that all their employees have permission to work in the United States. A ‘Work Permit’ is called an Employment Authorization Document or EAD.

Employment Authorization Documents

In order to be eligible to work in the United States, individuals who are not either citizens or legally permitted permanent residents should apply for an Employment Authorization Document to prove that they are allowed to work in the US. You can also apply for a Renewal EAD, which cannot be requested more than 120 days prior to the expiry of the original EAD. Replacement EADs can be issued if you lose your original EAD, or it is stolen, or was originally issued with incorrect information e.g. spelling mistakes.

Immigration and Nationality Act

The Immigration and Nationality Act is the most important piece of legislation in relation to entry of persons to the United States. This Act specifies the classes of people who must have a valid EAD in order to work in the US. These include: Refugees, some types of students, fiancés of American citizens, asylees and Asylum Seekers and people applying for temporary protected status and those adjusting to permanent residence status.

There are other classifications of people who do not require EADs. These include citizens, those who are lawfully permanently resident, or conditionally resident, and those who are working for a specified employer and have authorization to do so. This is simply proven by the information on your Passport and Form I-94.

If you are already in the US and want to apply for an EAD, for example if you are a student, contact the representative at your school who deals with foreign student matters. They will be able to provide you with more information based on your circumstances and whether you have a vocational or academic visa.

If you’re having difficulty obtaining the right permission to work in the United States, speak to an Immigration Attorney without delay.

• If you need legal assistance with an Immigration Problem, click here consult with an Immigration Lawyer near you to discuss the details of your case. This website is for informational purposes only.