Israel is Welcomed Into the Visa Waiver Program
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:
Applicants should also be prepared for the 2024 fee schedule changes. If you are filing Form I-765 at the same time as Form I-485, Adjustment of Status, the EAD is no longer bundled into the cost of your green card application. You must now pay a separate, albeit discounted, $260 filing fee. For most other categories, filing online is $470, while a paper application is $520.
If you fall into a qualifying category, you can apply for an EAD for a few reasons. These include the following:
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 3 years, with the possibility of extension for an additional 3 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 bridges the period between the end of F-1 status or OPT and the start of H-1B employment. If your employer files a timely cap-subject H-1B petition requesting a change of status while you are maintaining valid F-1 status, your status and any OPT or STEM OPT work authorization are extended automatically. Under the H-1B modernization rule that took effect on January 17, 2025, that extension now runs until April 1 of the relevant fiscal year or the validity start date of your approved petition, whichever comes first — an increase from the prior October 1 cutoff. The extension does not apply to petitions requesting consular processing or to petitions filed by cap-exempt employers, and it ends if the petition is denied, withdrawn, or rejected.
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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