Want to work in the US? Many foreigners want to come to America to work. Those who wish to do a job in the US need to be familiar with employment-based nonimmigrant categories, immigrant visa classifications and other categories of noncitizens who are eligible for employment authorization.

One typical method for a nonimmigrant to work temporarily in the US is for a potential employer to submit a petition to USCIS on your behalf. There are various kinds of classifications one of which is the H-1B visa.

By applying for an employment-based immigrant visa, you may be able to live and work permanently in the United States if you meet the necessary requirements in terms of education, training, and/or job experience. The Permanent Workers fall under the the five employment-based immigrant visa preferences or categories.

To work in the United States as an individual who is not a citizen, you are usually required to apply for a visa through the Department of State (DOS). Often, before you may apply to DOS for a visa or request admittance at a port of entry, USCIS must accept your petition. You must appear in person before a U.S. Customs and Border Protection (CBP) officer in order to obtain authorization to enter the country and carry out the intended activity.

If you are in the United States in a lawful nonimmigrant status that does not provide employment authorization, you generally may apply for:

  • A change of status to a nonimmigrant classification that provides employment authorization; or
  • An adjustment of status to become a lawful permanent resident. This may be a concurrent filing with an immigrant visa petition or, depending on the circumstances, may require an applicant to obtain an approved immigrant visa before applying for an adjustment of status to become a lawful permanent resident.

Depending on the classification you seek, your change or adjustment of status application might require a U.S. employer or other qualified requestor to file an application or petition on your behalf to establish your eligibility before we approve your application.

However, if you apply based on certain classifications (for example, an alien with extraordinary ability or as a nonimmigrant E-1 or E-2 principal treaty trader or investor), you may be eligible to self-petition, which means filing an application on your own behalf.

Additionally, if you are in the United States, including if you are an applicant for permanent residence or a certain family member of an alien who has lawful nonimmigrant status, you may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD). You may also apply for an EAD that shows such authorization if your immigration status authorizes you to work in the United States without restrictions.