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The Facts on Work Visas and Permits

A work visa and a work permit may sound like the same thing, but they're different, with each having its own, distinct purpose for foreign nationals set on coming to the United States. Both allow you to lawfully take up employment in the U.S., but the similarity ends there. Here's a closer look at each, which should help you engage an immigration visa or a work permit lawyer who guides you exactly as desired.

What is a U.S. work visa?

Immigrants have made massive contributions to the U.S. economy. The country's immigration system provides qualified foreign workers various pathways to live, work and permanently reside in the country. For example, if you come to America on the H-1B visa, whose beneficiaries are overwhelmingly skilled white-collar professionals from India and China, you're eligible to apply for a green card after your H-1B expires. You can apply for citizenship five years after receiving your green card. This is a drawn-out path because the H-1B is a class of temporary non-immigrant visas.

This class of visas consists of different categories of workers. Currently, it includes the H-2A, H-2B and H-3 visas; I visas; L visas; O visas; P visas; R visas and TN NAFTA visa. Depending on your individual situation, you may apply for one of these work visas. If you're already in the country and believe you have a shot at lawfully extending your stay and applying for a green card, look online for an immigration visa attorney in Weston or at your location.

Another category of non-immigrant visas (F, M and J) covers students and individuals who have enrolled in an educational or cultural exchange program. The American immigration system also allows foreign nationals to enter the country for a short-term business purpose, such as to negotiate a contract, consult with a business associate, or settle an estate.

The Permanent (Immigrant) Workers category is targeted at foreign nationals with specific educational qualifications, domain expertise and skill sets deemed valuable to the economy in some way. This employment-based immigration visa covers people with extraordinary abilities such as scientists, academicians, elite athletes and artists (EB-1); those holding advanced degrees or whose employment is in the national interests of the U.S. (EB-2); foreigners with Bachelor's degrees/skilled or unskilled workers who have an offer of employment from a U.S. employer (EB-3); a specialized category comprising retired workers of international organizations, certain religious workers and translators to name some (EB-4); and immigrant investors who fulfil certain criteria (EB-5).

What is a U.S. work permit?

The work permit or employment authorization document (EAD) is available to those who have a temporary right to be in the United States or who're applying for an adjustment to their immigration status. You may be eligible for an EAD if you're the spouse of a U.S. work visa holder, the foreign-born fiancé of a U.S. national, an asylum seeker, hold a Temporary Protected Status (TPS) and so on. It is basically a card issued by the USCIS authorizing you to work in the U.S. You can take up employment for any employer, generally without any restrictions.

To apply for an EAD, you will need to fill up Form I-765, available on the USCIS website. Completing the form is quite easy, but some questions do require special attention. To avoid errors in entry and gain a thorough understanding of your rights as an EAD holder, you're advised to engage a work permit lawyer. It's worth your time to find a reputed immigration law firm close to you. An internet search for 'work permit lawyers near me or Hollywood' depending on your current location will throw up several results.

You will also need to show proof of eligibility for a work permit. This will depend upon the category to which you belong. For example, if you have a K-1 fiancé visa, you may need to provide proof of the legitimacy of the relationship, such as photos and sworn statements from friends. A refugee may attach a copy of the judge's order granting them asylum.

In most cases, the I-765 application must be sent to the USCIS by mail. Online filing is allowable in some categories. When in doubt about issues related to obtaining your work permit or employment-based immigration visa, contact the Law Office of Carlos E. Sandoval P.A., known for their dedicated, relentless team of immigration visa attorneys in Weston.

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