OTHER VISA
Those in the US legally can be divided into 3 basic groups:
US Citizens
This includes (with a few exceptions-primarily the children of foreign diplomats) every person who was born in the United States (including Puerto Rico). It also includes many foreign-born children who have at least one US citizen parent. (There are residency requirements of the parents for the child to have US citizenship).
Lawful permanent residents of the US can also obtain citizenship through naturalization. This normally requires 5 years residence (3 years if the spouse of a US citizen). The process for naturalization normally includes a background check, an elementary understanding of English and knowledge and understanding of the US history and government.
US citizens have the right to work in any way they choose. Unless given information that indicates otherwise, applicants should be presumed to be US citizens.
Permanent Residents
A permanent resident (otherwise known as immigrant) have a right to live permanently in the United States. Qualification for this status usually requires a close family member or employer to sponsor them. Although permanent residence is the first step towards citizenship, permanent residents are never required to become citizens and many remain permanent residents indefinitely.
Permanent residents may work in any way that they chose. It is against the law, in most cases, to discriminate in employment against a permanent resident. A bonafide reason for requiring US citizenship would have to be proven - and this will rarely be a bonafide job requirement.
Nonimmigrants
Nonimmigrants enter the US temporarily for a specific, temporary purpose-such as students, tourists, diplomats, and temporary workers. In most cases the nonimmigrant must convince Immigration and/or a consular official that they do not intend to immigrate to the US and will return home at the end of their authorized stay.
Nonimmigrants do not have automatic rights for employment in the US. Some categories may never be employed (for example, tourists). Other categories may receive employment authorization from Immigration (for example, exchange visitor dependents). Still other nonimmigrants are admitted in categories which allow only specific employment-normally for the employer who petitioned Immigration for this particular individuals (for example, temporary workers).
The following chart outlines nonimmigrant visa types and whether employment is possible. Use this chart in conjunction with information from International Student and Scholar Services when considering a nonimmigrant for employment.
|
Visa Type |
Description |
Employment Rules |
| A-1, A-2 |
Diplomats, foreign officials and dependents |
Principal alien may only work for their government mission; some dependents can receive work authorization from INS (this depends upon agreements between the US and their home country). When employment is granted, the individual will be given an Employment Authorization Document (EAD). |
| A-3 |
Personal employees of A-1 or A-2 |
May work only for the diplomat or foreign official. |
| B-1 |
Visitors for business purposes |
May not be employed; may be reimbursed for actual travel expenses and in some circumstances and honorarium. |
| B-2 |
Tourists |
May not be employed. |
| C1, C-2, C-3 |
Aliens in transit |
May not be employed. |
| D |
Crew members |
May not be employed. |
| E-1, E-2 |
Treaty traders or investors and dependents |
Principal alien may only be employed under the terms of the trade treaty; dependents may not be employed |
| F-1 |
Students |
May be employed on the campus which has issued his/her current I-20 form - limited to 20 hours/week while school is in session; may be employed off campus for a specific employer for which the student has received curricular training permission on his/her I-20; may work in field of study after graduation if has received optional training permission and an EAD from INS; may work off campus if has received EAD after having proved financial need to INS. |
| F-2 |
Dependents of students |
May not be employed |
| G-1, G-2, G-3, G-4 |
International organization representatives and dependents |
Principal alien may be employed only by the international organization; dependents can receive work authorization from INS. When employment is granted, the individual will be given an Employment Authorization Document (EAD). |
| G-5 |
Personal employees of G-1 to G-4 |
May work only for the international organization representative |
| H-1A |
Temporary worker nurses |
May work only for the employer who has petitioned INS to employ the alien |
| H-1B |
Temporary workers in specialty occupation |
May work only for the employer who has petitioned INS to employ the alien |
| H-2A |
Temporary agricultural workers |
May work only for the employer who has petitioned INS to employ the alien |
| H-2B |
Temporary nonagricultural workers |
May work only for the employer who has petitioned INS to employ the alien |
| H-3 |
Trainees |
May work only for the employer who has petitioned INS to employ the alien |
| H-4 |
Dependents of temporary workers and trainees |
May not be employed |
| I |
Representatives of foreign media services and dependents |
Principal alien may be employed only by the foreign media service; dependents may be not be employed |
| J-1 |
Exchange visitors |
J-1 Students: must have written approval of Program Sponsor for any employment; on-campus employment is limited to 20 hours/week while school in session; off campus permission given only when financial need proven; internships allowed with sponsor approval
J-1 Faculty, Researchers and Scholars: may work for Program Sponsor; may work for other related agencies if it is designated in description of activities; may receive payment for short term lectures and research at other institutions if sponsor gives written approval |
| J-2 |
Dependents of exchange visitors |
May apply for work authorization from INS; must have EAD before employment begins |
| K-1 |
Fiancées of US citizens |
Given work authorization when admitted to the US |
| K-2 |
Children of fiancées of US citizens |
Given work authorization when admitted to the US |
| L-1 |
Intracompany transferees |
May work only for the employer who has petitioned INS to employ the alien |
| L-2 |
Dependents of intracompany transferees |
May not be employed |
| M-1 |
Vocational students |
May be employed on the campus which has issued his/her current I-20 form-limited to 20 hours/week while school is in session; may work in field of study after graduation if has received optional training permission and an EAD from INS. |
| M-2 |
Dependents of vocational students |
May not be employed |
| NATO-1 to NATO-6 |
NATO representatives and dependents |
Principal alien may be employed only by NATO; dependents can receive work authorization from INS. When employment is granted, the individual will be given an EAD. |
| Visa Type |
Description |
Employment Rules |
| NATO-7 |
Personal employees of NATO representatives and dependents |
May work only for the NATO representative |
| N-8, N-9 |
Parents and children of individuals accorded special alien status |
May receive work permission from INS; individual will be given an EAD. |
| O-1, O-2 |
Extraordinary workers in the sciences, arts, education, business and athletics and their accompanying/assisting workers |
May work only for the employer who has petitioned INS to employ the alien |
| O-3 |
Dependents of extraordinary workers |
May not be employed |
| P-1, P-2, P-3 |
Entertainers and artists |
May work only for the employer who has petitioned INS to employ the alien |
| P-4 |
Dependents of entertainers and artists |
May not be employed |
| Q |
Cultural exchange workers |
May work only for the employer who has petitioned INS to employ the alien |
| R-1 |
Religious workers |
May work only for the employer who has petitioned INS to employ the alien |
| R-2 |
Dependents of religious workers |
May not be employed |
| S-1, S-2 |
Federal witnesses and dependents |
May receive work permission by INS; individual will be given an EAD |
| TN |
NAFTA treaty workers (only available for Canadian and Mexican citizens) |
May work only for the employer for whom the worker has received this status |
| TD |
Dependents of NAFTA workers |
May not be employed |
| WB |
Visitors for business under visa waiver program (limited number of countries eligible) |
May not be employed; may be reimbursed for actual travel expenses and in some circumstances and honorarium. |
| WT |
Tourists under visa waiver program (limited number of countries eligible) |
May not be employed. |
Permanent Resident (Immigrants and green card holders)
No restrictions on employment; is "US worker" and must be treated like citizen in most applications for employment.
Refugee/Asylum Applicant
Will have work authorization noted on documentation from INS.
Temporary Protected Status
May receive work permission from INS; individual will be given EAD.
