Overview of the Eligibility Requirements

Although it is a general principle of U.S. Immigration law that only U.S. citizens and permanent residents (green card holders) can work within its borders, there are many exceptions to this rule. These exceptions fall into two broad groups: (1) Nonimmigrants granted general work authorization because of their special status are permitted to work for almost any employer they choose and (2) Nonimmigrants granted work authorization through a sponsor/employer to perform services for that employer.

U.S. Citizenship & Immigration Services (USCIS) approves general work authorization for a variety of reasons. The noncitizen:

1.   May be in the process of obtaining a green card and has filed for adjustment of status,

2.   Qualify under a special program, such as Temporary Protected Status (TPS) for citizens from countries victimized by war or natural disasters, or LIFE Legalization, which applies to persons who have lived in the U.S. since 1980.

3.   Qualify as a student granted work authorization in furtherance of his or her education or for humanitarian needs.

4.   Qualify under a special grant of work authorization approved by the USCIS for some other humanitarian reason, including certain applicants for political asylum, battered spouses, and recipients of withholding or cancellation of removal.

This page of the Web site concerns itself only with those individuals who seek temporary employment authorization to work for a specific employer (or sponsor). If you feel you may qualify for general employment authorization because of your special status, you should STOP here and CONTACT US NOW.

When a noncitizen is granted work authorization based upon a special status, that authorization is limited to a period of one year and renewable annually as long as the special status lasts. If the applicant is denied adjustment of status or the status terminates, the work authorization will terminate and the applicant may be ordered to depart the U.S. This is different for individuals granted work authorization to perform services for a specific employer. In the later case, work authorization continues until the period of employment approved by USCIS expires or the worker leaves or is discharged from employment.? For individuals who do NOT qualify for one of the ?special status? programs set forth above, it is critical to understand that they will only qualify for work authorization if they fit into one of the specific classes of employment approved by U.S. immigration law and administered by the USCIS. These classes of employment are as follows:

Frequently Asked Questions (FAQs)

Do I need an employer to sponsor me for employment?

Can you help me find an employer?

What kinds of jobs are available for me?

Do I need to prove that I will not be taking a job away from a U.S. worker?

How long will the application take to process?

If U.S. Citizenship and Immigration Services approves the application, can the U.S. consulate still deny me a visa?

What happens if I begin work for the employer and I later leave or get dismissed?

Can I switch employers in the U.S. after I am approved?

What happens if my employer promises to pay me a certain wage and then reneges?

Can I later apply for a green card after I have been granted employment authorization?

Answers

Q. Do I need an employer to sponsor me for employment?

A. Generally, the employee cannot ?self petition?? However, in certain circumstances, including Treaty Trader, Treaty Investor, and Intracompany Transferees, the employer/sponsor?is often owned? and controlled by the foreign worker. 

<- Back toTop

Q. Can you help me find an employer?

A. No. we are not an employment agency nor are we affiliated with an employment agency. However, we are affiliated with a business broker, ImmVest America, that can help you find a business to purchase, if you are eligible to apply for a Treaty Investor (E-2 visa.) 

<- Back toTop

Q. What kinds of jobs are available for me?  

A. Most foreign nationals who come to work temporarily in the U.S. are approved as either professional workers (H-1B) requiring a bachelor?s degree or as short term, seasonal workers for summer or winter resorts or as landscapers or similar help. Visas are also available for business people seeking to open or expand their businesses in? the U.S. Finally, highly skilled artists, athletes and entertainers can obtain visas while they are on tour in the U.S. People seeking long term nonprofessional employment generally can not obtain permission to work in the U.S. President Bush has proposed a change in the law to permit this type of employment, but it is not now the law. 

<- Back toTop

Q. Do I need to prove that I will not be taking a job away from a U.S. worker? 

A. For most temporary working visas, you do not have to show that there is a shortage of? U.S. workers for the position you seek. The exceptions include seasonal workers (H-2) who must obtain a temporary labor certification to show there are no U.S. workers available for the job.

<- Back toTop

Q. How long will the application take to process?

A. Applications for temporary worker status are now taking between three to four months at most USCIS processing centers. There is, however an expedite procedure available that will guarantee a decision within 15 days if the necessary documentation is supplied with the application. There is currently a $1000 additional fee for the expedited processing. Applications for season workers will take longer because the labor certification must first be obtained, proving that there are no U.S. workers available for the position. In addition, applicants seeking processing of Treaty Trader and treaty Investor visas at U.S. consulates abroad, must check with the local consulate concerning processing times.

<- Back toTop

Q. If U.S. Citizenship and Immigration Services approves the application, can the U.S. consulate still deny me a visa?

A. Yes. The U.S. consulates have their own considerations, including: criminal records, past immigration violations, possible terrorist links, and the likelihood that the applicant will abide by the visa requirements and return home after the his or her period of employment is over.

<- Back toTop

Q. What happens if I begin work for the employer and I later leave or get dismissed?

A. If the employer discharges you? prior to the end of your authorized work status, he may be liable for the transportation costs to return you to your country. This does not mean, however that he is legally bound to employ you for any particular period of time. Unless you have a separate, written employment contract with the employer or your services are covered by a union contract, you may be discharged from your employment at any time. Similarly, you are free to leave your job anytime you choose, although you may be ?out of status? and required to leave the U.S. if you do.

<- Back toTop

Q. Can I switch employers in the U.S. after I am approved?

A. Generally yes, but only if you are separately approved for the new employer and are otherwise in legal status in the United States

<- Back toTop

Q. What happens if my employer promises to pay me a certain wage and then reneges?

A. The employer may face fines and other sanctions by USCIS and other governmental authorities. You may also be able to sue the employer in court for any money he has promised you. However, the fact that the employer has cheated you or reneged on you agreement does not give you any special immigration rights.

<- Back toTop

Q. Can I later apply for a green card after I have been granted employment authorization?

A. A temporary work visa does not automatically become a permanent visa (green card) no matter how long you work for the employer or what kind of job you do. However, it is often the case that an employer who is satisfied with your work will file the additional applications necessary to help you obtain your green card. Additionally you may later be sponsored for a green card through a different employer or some other means.

<- Back to Top

Q. How do I get started?

A. We suggest you begin by taking the Eligibility Quiz or simply contact us now!