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What is a Working Visa?
A work visa is a type of visa application that is granted by the U.S. government for foreign individuals that seek to work in America. There are different kinds of visas and one may require the alien to have a United States citizen employer to act as a sponsor while other visa types are more general and will allow aliens to look for any kind of work for a certain period. Generally, work visas are temporary and must be renewed to continue working in the U.S.
Who can get Work Visas in North Carolina?
A foreign national can be given a temporary work permit once he is deemed as eligible by the United States Citizenship and Immigration Services (USCIS). A foreigner can acquire work permits as permanent immigrant workers, temporary workers, and student workers. Workers that are permitted to work are:
- US Citizens
- Nonimmigrant aliens
- Lawful permanent residents
- Non-citizen and non-residents
Temporary workers or non-immigrant workers are workers that are given a non-immigrant visa to work in the US for a specific job and they are restricted from the particular job that they applied to.
Permanent workers or immigrant worker are such workers that are allowed to have permanent residence while working in the US.
International students and exchange visitors in North Carolina are also allowed to work when they obtain work visas. Students must however first obtain permission from their school before they can be granted work permits.
Qualifying for EAD in North Carolina
Immigration laws are complex and there are many things you need, one of them being the Employment Authorization Document which is necessary for temporary workers or else, they will be deemed as ineligible. Such ineligibility will result in the rejection of the working permit. However, those with permanent resident status are exempted from obtaining EAD. They only need their green cards to work.
EADs are documents that act as proof to the US Citizen employer that the alien is lawfully qualified to work in the US. Foreign workers that are qualified to apply are:
- Asylee and Asylum seekers
- Citizen of a foreign country with Temporary Protected Status
- Fiance or spouse of a US citizen
- Beneficiary or family of foreign embassy officials
There are certain preferences when an individual applies to live and work in the US. There are three categories where an individual is preferred.
- First preference is for EB-1 visa holders or priority workers that are deemed to be extraordinary in their fields such as professors, researchers, or executives of multinational companies.
- Second preference is H-1B Nonimmigrant visa holders for professional applicants with advanced degrees and exceptional abilities, allowing professional foreigners to live and work in the US for three years.
- Third preference is for skilled workers for employment-based green cards including skilled workers, professional workers, and other kinds of workers.
Foreigners already living in the US must file an adjustment of status so that they can change the status of their green cards to one that is eligible to work.
Are you planning to Immigrate or Work Abroad?
Immigration laws are very complex and sorting it out on your own may be very tricky and confusing. We at Diener Law are more than happy to assist you on your way to becoming a US citizen and getting a permanent residency or helping you attain a legal status of working here. Our immigration attorneys in North Carolina will help you go through the tedious immigration system, handle the issues of immigration, legal representation, nationalization, as well as open all the options available to you and your family. Contact us now for a free consultation.
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