Tag: USCIS

Uscis Announces Revisions In The Employment Authorization Document (ead)

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The U.S. Citizenship and Immigration Services (USCIS) has proclaimed to have revised the Employment Authorization Document (EAD) or Form I-766. In order to add a machine-readable zone on the back of the card, the EAD cards have been revised.

Generally, the U.S. Citizenship and Immigration Services issues the Employment Authorization Document, which is also referred to as the U.S. work permit visa. The visa authorizes the holder to work in the United States lawfully. The Form I-766 has to be filed by a foreign national who stays in the U.S. temporarily and wishes to acquire an EAD.

On the basis of the foreign nationals immigration situation, the EAD cards are issued for a specific period of time. Unless the employer has any citizenship requirements, the foreign national with an EAD card can work anywhere in the United States. If the immigrant holds an EAD card, the employer is not even required to file a non-immigrant worker petition.

Currently, the USCIS issues EAD cards under two categories, namely the Renewal EADs and the Replacement EADs. The renewal EAD can be applied for not more than 120 days before the current EAD expires. When lost, stolen, or damaged, individuals can apply for their replacement EAD cards. EAD cards can also be replaced if they contain incorrect information or misspelled name.

In view of deterring immigration fraud, the EAD cards have been revised by the USCIS. The revised EAD cards are being issued by the USCIS from May 11, 2010. The machine-readable zone that has been added newly is in accordance with the International Civil Aviation Organization standards.

The previous version had a two-dimensional bar code, which has now been removed. Additionally, the USCIS has shifted the informational text box just below the magnetic stripe on the card and has retained all the security features that the previous version had.

The revision of the EAD cards has resulted from the collaboration of the USCIS with the U.S. Immigration and Custom Enforcement and the Customs and Border Protection.

Ead For Dependents Of Work Visa Holders On H-4, O-3, P-4, Td, R-2 Visas

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I feel helpless. Back home I was working with a fashion house as their primary designer. Here I have nothing to do but sit at home. Not like my friend Suzanne, who got her employment authorization and now works for a consulting company.” says Olivia with sadness in her voice.

Both Olivia and Suzanne are good friends from France, have the same academic background, live in the same city in California and their husbands work in the same company as Business Analysts. While Suzanne can work in the US, Olivia is not authorized to do so. Why? Olivia is on H-4 status and Suzanne is on L-2.

Dependants of personnel with work visas in the US are not generally allowed to work in the US, unless they qualify for a work visa in their own. However, spouses of certain student or work visa holders can apply for employment authorization. This article discusses the situations when a dependant spouse can work or study in the United States.

Dependants of H nonimmigrants (H-4 visa)

In the above example, Olivia cannot work in the US because she is on H-4 visa. Dependants on H-4 visas must be supported by the principal H visa holder. However it is possible to study on H-4 without converting to a student visa.

Dependants of L-1 nonimmigrants (L-2 visa)

Suzanne can work in the US because she is on L-2 status. As a spouse of L-1 visa holder you may work part-time or full-time in the U.S. You must apply for and receive proper employment authorization from the USCIS before you can start working. You may also engage in full-time study in the U.S. However, you may not apply for employment authorization if you are a dependant child on L-2 visa.

Dependants of E-1 or E-2 nonimmigrants

Dependant spouses of E-1 and E-2 visa holders may seek employment by applying for Employment Authorization using Form I-765. You may also attend U.S. schools, colleges and universities, and do not have to apply for separate student visa such as an F-1 visa.

Dependants of J-1 nonimmigrants (J-2 visa)

You may work in the U.S. on J-2 visa, if you receive special permission from the USCIS and the money is not needed to support the principal J-1 visa holder. However, an application for permission to work can only be made after the J-2 visa holder’s arrival in the U.S. and will be considered in light of policies then in effect.

To apply for work authorization on J-2 visa, you:

Must hold valid J-2 status, and the Exchange Visitor must hold valid J-1 status, as shown on your Form I-94 Departure Record cards

May not use your income to support your J-1 spouse or parent

May begin working only after you receive your Employment Authorization document from the U.S. Citizenship and Immigration Services (USCIS)

May work part-time or full-time, at any job, for any employer. There is no limit to the amount you may earn

You may also study on J-2 visa. There is no requirement that the spouse and/or children of a J-1 visa holder apply for a student visa if they wish to study in the U.S.

Dependants of F-1 nonimmigrants (F-2 visa)

You may not take up paid employment while in the U.S. on F-2 visa. As an F-2 spouse you may not engage in full time study and F-2 child may only engage in full time elementary or secondary school (kindergarten through twelfth grade) study. F-2 spouse or child may engage in a study that is vocational or recreational in nature.

Conclusion

Though immigration regulations allow certain spouses in dependant visa status to apply for employment authorization, for some, working in US is a distant dream. However, there are situations where persons in a situation similar to Olivia are able to work. They can change their status to a work visa, provided they have the required qualifications, experience in their field of expertise and a valid job offer from a US employer. One other situation where a dependent spouse can start working in the US can be when the principal spouse’s employer files for permanent residence for that spouse, and subsequently the dependant spouse may become eligible to apply for Employment Authorization. However, for persons not eligible for any of these alternatives, working in the US still remains a distant dream.

A few weeks later Olivia receives a call Hi Olivia, this is Rose from VisaPro. Your H-1B petition has been approved. Congratulations! You can soon start working. Feel free to Contact VisaPro in case you need further help.

Contact VisaPro if you have any questions regarding any type of employment based and family based petitions.

VisaPro covers the latest happenings on work visas in Immigration Monitor, monthly newsletter. Click here to subscribe to Immigration Monitor.

Different US Work Study Program option for US F-1 Visa Students

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The Work Study Programs in US is designed to help students apply their classroom knowledge to ‘hands-on’ practical work experiences in the United States.

The Primary benefits of US Work Study Program are:

Work with American companies up to 20 hours per week

Full/Part time job opportunities

Earn wages similar to American workers

Supplement Financial support

Class schedule to accommodate your work timings

Added experience to your Resume/CV

Increased cultural awareness
On-Campus Employment

On-Campus Employment is an option available for any F-1 Visa student in Active status. However, there are some things to keep in mind.

Though an F-1 student can work shortly after his/her arrival, being in Active Visa status and having the approval of your DSO are must. After the approval of the DSO, a letter of approval will be given. This letter, along with a letter from the employer, will help in getting a Social Security Number. When school is in session, the student may only work 20 hours per week.

Off-Campus Employment

The students are eligible for off-campus employment after a full year at school. To work off-campus, a special authorization from USCIS ( U.S. Citizenship and Immigration Services) is required. In order to apply for this kind of employment authorization, one must file a Form I-765 – ‘Application for Employment Authorization’ with USCIS and receive a recommendation from the DSO. After receiving the approval for employment from USCIS, they will send a Form I-766, EAD (Employment Authorization Document).

Until the EAD is received, one may not begin work. For off-campus work too, while school is in session, one are restricted to work 20 hours a week.

An F-1 Student Visa holder can receive work authorization for training related to the study program: OPT (Optional Practical Training) and CPT (Curricular Practical Training). Most of the time, for being eligible to either type of practical training, one must be enrolled in an SEVP-certified school as an F-1 Visa student for one complete academic year.

CPT

The CPT US Work Study Program must relate to one’s major and the experience must be part of one’s program of study. However, unlike OPT and other work, CPT can be full time and is not restricted by the limit of working 20-hours per week.

In order to qualify for CPT the DSO needs to provide a Form I-20, ‘Certificate of Eligibility for Nonimmigrant Status’ indicating the DSO’s recommendation for employment.

OPT

The OPT Work Study Program must relate to your major or course of study, and the student must have his/her EAD card before beginning working.

In order to obtain EAD, the DSO needs to provide a new Form I-20 indicating the DSO’s recommendation for employment, and one must submit a Form I-765, ‘Application for Employment Authorization’ to USCIS. The EAD card will come from USCIS. Under OTP, one is restricted to work 20-hours per week while school is in session.

17-Month STEM Extension

Students graduating with a STEM (Science, Technology, Engineering and Mathematics) degree are eligible to remain in the United States for an additional 17 months on an OTP STEM extension.

Rahul is into the immigration consultancy, Since he updated all the information regarding WSP Program in US, he can give a very good information on studies in USA . The way in which he gives the information is easily understandable by everybody.