An employment authorization known as a “work permit,” is a document issued by The United States Citizenship and Immigration Services (USCIS) that gives the holder a legal right to work in the United States. Certain non-residents who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request the ability to work here. An employment authorization is issued for a specific and limited period of time. Foreign nationals with an employment authorization can lawfully work in the United States. There are various types of work authorizations which range from allowing an applicant to work only for one specified employer, to those allowing work for any employer.
One very common type of work authorization is implemented by the HB-1 visa. The H-1B is a nonimmigrant temporary work visa that allows employers in New York and the rest of the country to temporarily employ foreign workers in specialty occupations. The regulations define a “specialty occupation” as requiring theoretical and practical application of a body of highly specialized knowledge in a certain technical field. The H-1B visa requires the completion of a bachelor’s degree or its equivalent in work experience as a minimum. The job offered must require a bachelor’s degree to qualify.
Our attorneys regularly help people obtain H-1B visas for their work in the following professions:
- Physical sciences
- Social sciences
- Medicine and health
- Education Law
- Numerous other professions
The initial H-1B will be granted for a period of three years and could be extended for an additional three years. The visa is an excellent option for those intending to live permanently in the United States and it permits you to pursue permanent residence while on that visa under the doctrine of “dual intent.” We will work with your employer to gather all the necessary documentation needed for your H-1B visa application while maintaining your confidentiality. We will also counsel you about the caps regarding these types of visas and the enrollment period.
An H-1B is a specialty occupation work visa that is strictly limited to employment by the sponsoring employer. This means if a foreign worker who has H-1B status quits or is dismissed from the sponsoring employer, he or she must leave the country and return to his or her native country. Our immigration attorneys can help you look at options to remain in the United States. We can also help immigrants who are holding a student visa and want to convert their immigration status by applying for an H-1B employment visa once they graduate from college and obtain a job in their chosen field.
It sometimes takes a long time to receive a work authorization, however interim authorizations may be granted. An interim authorization can be issued to an eligible applicant when USCIS has not answered a properly filed application within 90 days of receipt. An interim authorization will only be granted for up to 240 days. If you would like to apply for a work authorization, consult with an experienced immigration attorney. It is always a good idea to consult with an immigration attorney when you prepare an immigration-related petition or waiver request to obtain legal advice and assistance. Also, an attorney can assist you in identifying and collecting the best evidence to support your petition or waiver request.
Contact Our New York City Immigration Lawyers
Our law firm can explain all of the opportunities associated with work authorizations and help you through the entire procedure, as well as discussing options. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.