Work Permit FAQ
United States immigration law is complex, filled with many rules, exceptions and a high amount of discretion given to immigration case officers. Individuals and companies seeking work permits can easily find themselves caught in a maze. That's why, despite a person being able to apply for a work permit herself, a reputable immigration attorney can be beneficial. However, before seeking legal help, it's important to know the types of work permits and who qualifies for them.
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What Kinds of Work Permits Are There?
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The United States issues several varieties of work permits to foreign nationals. Canadians can easily get TN-1 visas, allowing them to work for up to a year in almost any kind of employment provided they have secured a job offer. Australians also enjoy a special classification of visas both for work and for work and tourism thanks to a special reciprocal program between the U.S. and Australia. Special non-immigrant day work permits exist for Mexican nationals who live near border towns. All other nationalities need either non-immigrant work visas such as the H1-B meant for professionals and businesses or an Employment Authorization Document (EAD) given to individuals who the United States Citizenship and Immigration Service approves to reside and work in the United States while it processes their permanent immigration petitions.
Who Qualifies for Work Permits?
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Although in theory, almost anyone can qualify for one type of visa or another, the reality is that USCIS regularly issues only certain classifications of visas and permits. Skilled professionals with university and graduate degrees including health care professionals, computer programmers and scientists have opportunities with special business work visas and permits. Academics and employees of multi-national companies have special visas available to them. Employees of multinational corporations are eligible for L-1 visas. Foreign spouses of American citizens usually qualify for EADs while in the process of getting their green cards as do some medical professionals. Canadians with job offers and Mexican nationals seeking day labor in cities like San Diego, California, and Yuma, Arizona, can also qualify if they have employers to sponsor them.
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Can I Apply for a Work Permit While Inside the United States?
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Yes, if you meet the conditions. There are two types of work permits available for those who have legally entered the United States on non-immigrant visas. A person can file a petition for an H1-B work visa both abroad and from within the United States. Application filing dates and processing times are the same either way with an April 1st filing deadline that result in visa issuance to successful applications in October of the same year. Someone inside the U.S. on a valid visa may receive his H1-B approval by mail and will be legal to work. The recipient will not receive an H1-B visa stamp until he exits and re-enters the country. However, this does not affect legal status. Spouses and children of American citizens and permanent residents and those offered qualifying professional work such a doctor, nurse, research scientist or university professor may file concurrent I-485 adjustment of status petitions along with their I-130 or I-140 permanent residency applications. An adjustment of status allows non-immigrants to reside in the United States while their green card applications are pending and can allow for an EAD so that they may earn a living during that time.
How Long Does the Process Take?
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USCIS typically decides on I-485 petitions within 60 days of filing. Once it approves an I-485, an EAD typically arrives in another 30 to 60 days. H1-B work visas must be filed on April 1st for any given year. USCIS usually decides cases by July and visas can be issued after October 1st. H1-B recipients who are already in the United States become eligible to work on October 1st. TN-1 recipients can receive their visas at any Canada-U.S. Border checkpoint by presenting requisite employment and identification documents to border patrol officers who can issue visas on the spot.
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