How to Get Permanent Work Visa in the United States?

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Foreign workers may submit a request to be permitted to live and work permanently in the United States. What you need to be eligible and what you need for the process is important to understand. Our immigration lawyers explain all you need to know about submitting an application in the United States to receive a permanent work visa.

Who Has Work Visa Eligibility?

According to the United States Citizenship and Immigration Services, an individual must demonstrate that they are capable of living and working permanently in the United States with the correct combination of skills, education and work experience. A permanent resident card, also known as a green card, can also be obtained for foreign workers to establish their unique skills. You may qualify for a Green Card if you had already been offered a position in the US that wouldn't displace a U.S. worker.

How to Request for a Permanent Visa?

In order to request a permanent visa for workers, you must meet the following general requirements:

  • You need a job matched by a legitimate company

  • You and your employer must demonstrate that the position offered to you will not remove another American employee

  • Use USCIS (form for EB-3, EB-4, or EB-5 visa) to complete the required form.

  • Your employer must meet all federal employment requirements

    Your employer must, before the expiry of the authorized period, pay reasonable transport costs

The Foreign Nationals Allowed to Work in the U.S.

In the United States there are a number of categories of foreign workers authorized to work, for example permanent immigrant workers, temporary (non-immigrant) workers, and student / trade workers.

The working classes allowed in the U.S. include:

  • Citizens of the US

  • Non-citizen nationals of U.S.

  • Permanent lawful residents

  • Duly workable, non-citizens and non-residents

Including non-citizens, non-resident workers who may be authorized to work in the US (by US Citizenship and Immigration Services language).

Temporary workers (non-immigrants): A temporary worker is a person who seeks to temporarily enter the USA for a particular purpose. Non-immigrants enter the U.S. for a temporary period and, once in the US, are restricted to their non-immigrant visa activity or reason.

Permanent Workers: A permanent worker is a person who has the right to permanently live and work in the United States.

Students and Visitors of Exchange: Students may be allowed to work in the United States under certain circumstances. However, an authorized official at their school must obtain permission. The authorized official is known as DSO for students and the Responsible Officer (RO) for visitors to exchange. Visitors to the exchange can temporarily work in the United States through a visa exchange program.

How to Get a Work Permit in the United States

An Employment Authorization Document (EAD, work permit, or working permit, is an authorization approved by United States Citizenship and Immigration Services or USCIS that proves that the holder is granted or have work permit in the United States. A plastic card is an EAD card, usually one year long and can be renewed and replaced.

EAD applicants may apply:

  • Employment authorization

  • Substitution (EAD was lost)

  • Renewal of employment authorization

See us at Foshee and Yaffee Attorneys at Law for immigration lawyer. See us for other legal help including personal injury, wrongful death, criminal defense, divorce, family law, workers’ comp and more in OKC.

**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.