This post is also available in: Español (Spanish)
Employment-Based Immigration: Immigrant and Nonimmigrant Visas
In the United States, all employers are required to confirm that employees are here legally and able to work in this country. Many employers ignore the law and often hire undocumented immigrant employees for cheaper labor. In other words, if an individual is not a U.S. Citizen or here in this country as a lawful permanent resident of America, they will need a legal work permit, also known as an Employment Authorization Document to work lawfully. Please note that it is the responsibility of both the worker to provide proof of his or her ability to legally work, and that of the employer to verify the person's employment status. If you are confused about any content in this paragraph or have further immigration questions, it might be best for you to seek the assistance of an experienced immigration attorney regarding the ability to get an employment visa or an immigrant work visa.
In a recent report, it was found that many foreign nationals continue to seek permission to legally work in the United States despite our current presidential administration's anti-immigrant sentiment. There are four categories of workers who are permitted to work in the United States and that includes the following list:
- An immigrant who is authorized to work
- A lawful permanent resident
- A citizen of the United States
- A non citizen national of the United States
The Difference Between Non-Immigrant Workers And Immigrant Workers
A temporary worker is a person who seeks work in this country on a nonpermanent basis for an express purpose. This is accomplished through non-immigrant employment-based visas. Permanent immigrant workers are men and women authorized to live and work on in this country on a permanent basis. Foreign nationals living in the USA cannot work unless they have received permission under the terms and conditions of an employment visa, immigrant work visa, another status, or separately applied for and received a work permit through a program like DACA or TPS.
Most people are not aware of the legal requirements and steps you must follow. For this reason, you should seek the advice and counsel from the experienced and dedicated immigration attorneys at Alami Law. We know your rights and speak your language. Our hard-working legal professionals can explain why you need a work permit and why any employer will require proof of your immigration status to prove your ability to work.
Note: Any employer who violates the rules of the immigration game can face serious sanctions from the United States government.
Who Doesn't Need To Apply Separately For A Work Permit:
Students can work under certain circumstances, but they must get permission from an authorized school official at the school or college. Your immigration attorney can explain how a green card works, too. All green card holders can work in the United States by presenting their green cards to their employers. Immigrants who later become U.S citizens will be able to show their passports or naturalization certificate to employers as a verification that you are legally able to work.
Special Note: All employees, including U.S. citizens and permanent residents, need to prove their ability to work here in the U.S. When you get legal help, you should ensure you receive an Employment Authorization Document (in most situations not involving a nonimmigrant visa), which is proof to show any employer that you are legally allowed to work in the United States. And that includes students, refugees, spouses and fiancés of U.S. citizens who have not yet obtained their lawful permanent residence, and all foreign nationals.