Obtaining a work permit visa will legally authorize you to work for an employer in the U.S. A tourist visa or a visitor visa will be issued to you if you are travelling to the U.S. for visiting friends or relatives, for sight-seeing, or for recreational purposes. A B-2 is a tourist visa which allows you to remain in the U.S. legally for a maximum period of 6 months. However, the length of your stay will be determined at the port of entry. Another extension of 6 months is possible but if your stay reaches beyond this time frame then you will be officially overstaying your tourist visa.
Consequences of Overstaying
Tourist visa holders are generally eligible to apply for a change of status. However, overstaying in the U.S. after the expiry of the visa will prevent you from applying for a work permit or impose a barrier that can vary from 3 to 10 years before allowing you to return. You may be exempted from this punishment and allowed to alter your status to a work permit only if you have applied for the extension of tourist visa before its expiry date and the decision is in pending status.
Qualifications for a Work Permit
You have to apply for a waiver of this unenviable status to change your status if you are eligible for it.
Once you are exempted and given permission for applying for change of status then you can apply for a work permit. For example, you can apply for H-1B work permit if you have found an H-1B job in the U.S. and your employer is ready to apply for your visa. Your employer must support you and honor this arrangement. Your employer must manage a legitimate enterprise.
Qualifications and work experience requirements required for becoming eligible for various work permits are different. For example, you can apply for a H1-B visa only if you have completed a specialized graduation or a higher degree in the specialization of the job you have obtained. Specialized professionals like financial analysts, surgeons, doctors of general medicine, physicians, engineers, lawyers, IT/computer professionals, nurses, architects, health care workers, and university teachers or professors are eligible for obtaining an H-1B visa.
Seeking and Obtaining Legal Assistance
There are lots of complications and confusions pertaining to the regulations of overstaying foreign nationals. So, it is advisable to approach an immigration lawyer to find a solution for your overstayed conditions and situation and take appropriate action. Remember to remain calm and be patient.
