Can I Work in the U.S. If I’m Not a Resident?

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Can I Work in the U.S. If I’m Not a Resident?

There are strict immigration compliance laws that require employers to make sure they hire only persons authorized to work in the United States. Work authorization does not require you to be a permanent resident of the U.S., but it does require you to have the proper visas before you can lawfully work and earn a living. 

At Kriezelman Burton & Associates, we can review your circumstances and offer you advice on what your options can be to legally work in the United States. We can then assist with all necessary paperwork if you qualify to apply for a visa that allows you to work. Never hesitate to reach out for a consultation today. 

Employment-Based Visas

Employment-based visas are divided into two broad categories – temporary and permanent, and each category has numerous subcategories.

Temporary employment work visas are visas given to foreign nationals to work in the United States for a specific period, after which they are required to leave the United States unless they can renew their visa or change their status to some other valid immigration status.

The range of visas available under this category is wide, but the most common ones are as follows:

  • H1B. This is a visa for individuals who seek to work in what is known as “specialty occupation.” The visa typically requires possession of at least a bachelor’s degree and an offer of employment from a US employer. There are other specific requirements that both the employer and prospective employee must meet before the petition for the visa is approved, as well as before the application for the visa itself is approved.
  • H2B. This is a visa for temporary workers where the petitioning employer must show that there are not enough U.S. workers who are able, willing, qualified, and available to do the temporary work. The employer must also show that employing an H2B worker or workers will not adversely impact the wages and working conditions of similarly employed U.S. workers. If these and other requirements are met, then the prospective non-resident worker can be hired.
  • I Visa. This is a temporary nonimmigrant visa available to individuals who can show that they are representatives of a foreign media company. The individual must be coming to the United States to work for that media company and the media company specifically and only must have a home office in their native country.

There are other types of temporary work visas for which you might qualify – discuss your eligibility with an immigration attorney.

Permanent Work Visa

The range of permanent work visas available is also wide, but the most important thing to know is nearly all of them require a job offer and what is known as labor certification.

A job offer may be easy to get, but obtaining a labor certification can be difficult, especially if not handled by an experienced immigration lawyer. If you have an employer willing to sponsor you for a permanent work visa or green card, then contact Kriezelman Burton & Associates immediately. Our employment-based immigration lawyers will review your facts and circumstances and tell you how best you can meet your immigration objectives.