US Employment rules that immigrant workers must know
Posted on June 28, 2019
Aspiring immigrants must be aware of the US Employment rules that govern them while working in the nation. This is also applicable to those who are already present in the US but have not acquired Citizenship. It must be noted that all immigrants do not apply for US Citizenship.
Here is a brief overview of the US Employment rules that are applicable to non-US nationals:
The most vital agency for the immigrants is the USCIS – US Citizenship and Immigration Services. It was earlier known as the INS – Immigration and Naturalization Service.
USCIS is a part of the Homeland Security Department and administers the naturalization and immigration laws. It also enforces the US Act of Immigration and Nationality.
You may have to apply for an EAD – Employment Authorization Document offered by the USCIS if you are not a Lawful Permanent Resident or Citizen in the US. This is an authorization for you to work in the US.
The application for EAD can be submitted by filing I-765 Form or through the mail with the Regional Service Centre of USCIS in your residence nation.
Irrespective of whether you require an EAD or otherwise, the US Employer has to comply with the 1996 IRCA – Immigration Reform and Control Act (IRCA) of 1996. It must be verified that you are authorized for working in the US.
Working as a Lawful Permanent Resident:
You must first assess if you qualify for Green Card or Lawful Permanent Residency in the US if you live overseas and want to stay and permanently work in the US. Firstly, you must look for an employer in the US who will hire you. The employer must then submit an application for I-140 Form – Petition for Alien Worker. Simultaneously, you must file an application with the USCIS for an Immigrant Visa number, as quoted by the NY Times.
Five streams of employment skills are applied to assess the eligibility for a Green Card based on employment or Work Visa:
EB-1 Visa: Overseas nationals who have outstanding ability in Education, Arts, Sciences, Athletics or Business; exceptional Researchers or Professors, and Executives and Managers subject to overseas transfer to the US
EB-2 Visa: Professionals or Workers with advanced degrees or individuals with outstanding ability
EB-3 Visa: Professional or Skilled workers
EB-4 Visa: Unique migrant religious workers
EB-5 Visa: Special stream for immigrant investors
Working as a Non-resident:
Not every overseas national seeking work in the US is an immigrant – someone who seeks Green Card. There are many US Visa categories for non-immigrants.
You will require a Provisional Work Visa if you are seeking temporary (H-1B) or seasonal (H-2B) work. It has many classifications under it.
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