Does An Employee’s Education Level Impact Whether or Not They Qualify for an H-1B Visa?
An employment authorization document (EAD), 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 an Employment Authorization Document, to request the ability to work here. An employment authorization document is issued for a specific and limited period of time. Foreign nationals with an employment authorization document 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. For help in this legal matter, contact a seasoned work authorization lawyer from The Law Offices of Cheryl R. David for a consultation.
To qualify for an employment authorization document, one must identify the category that applies. These can include:
If you fall into a qualifying category, you can apply for an EAD for a few reasons. These include the following:
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.
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.
One very common type of work authorization is implemented by the H-1B 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 a 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:
The initial H-1B is typically be granted for up to 18 months, with the possibility of extension for an additional 18 months, rather than three years. The maximum stay remains six years under most circumstances, with limited exceptions.
A 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.
For F-1 students transitioning to H-1B status, the “cap-gap” extension has been expanded through April 1 of the fiscal year (previously October 1), giving more time to remain and work lawfully while awaiting H-1B approval.
The H-1B visa is a great option for those who wish to work in the United States. Our law firm can explain all of the opportunities associated with work authorizations and help you through the entire procedure, as well as discuss options. For an initial consultation with a skilled work authorization lawyer, contact the Law Office of Cheryl R. David.
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