Employment Authorization Lawyer in San Jose  

If you have the right combination of skills, education, and/or work experience, you may be able to live and work in the United States permanently. In certain circumstances, permanent worker applicants must have their employer obtain an approved labor certification from the U.S. Department of Labor to qualify for permanent work authorization. When petitioning for this type of labor certification, USCIS officials will consider the following factors: 

• Whether sufficient, available, qualified, and willing US workers are already present to fill the position at the prevailing wage
• Whether hiring a foreign worker will adversely affect similar employed US workers’ wages and working conditions

Temporary Professional Workers

Certain workers seeking temporary employment in the US may qualify to receive an H-1B Visa. To qualify for the H-1B visa, the applicant must meet the following requirements:

• The applicant must have an employee-employer relationship with the US employer
• The job must qualify as a specialty occupation related to one’s field of study
• The applicant must be paid at least the actual or prevailing wage of their field of study
• An H-1B visa must be available when the applicant files their petition unless they are legally exempt from the numerical limit

On the other hand, the L-1 visa allows a US employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the US. The visa also allows a foreign company that does not yet have an affiliated US office to send an executive or manager to the US to establish one. To apply, the employer must file Form I-129, Petition for the Nonimmigrant Worker, and pay a fee on behalf of the employee. L-1 visas are temporary nonimmigrant work visas but can be used to pursue permanent residency later on. 

Trade Visas for Canadians and Mexicans (TN)

Under the North American Free Trade Agreement (NAFTA), certain qualified citizens of Canada and Mexico can seek temporary entry into the US to engage in business activities at a professional level. Professions that may meet the TN visa requirements include but are not limited to teachers, scientists, engineers, and accountants. Additional requirements you must meet include the following:

• You must be a citizen of Mexico or Canada
• You must have a profession that qualifies under the regulations 
• The position in the U.S. requires a NAFTA professional
• You have a prearranged full-time or part-time job with an employer in the US
• You have the qualifications to practice in the profession in question

Requesting an Employment Authorization Document 

An employment authorization document (EAD) is one way for foreign workers to prove that they are allowed to work in the US for a certain period of time. Non-US citizens who fall under one of the three categories below are eligible to work in the US: 

• They are authorized to work in the United States because of their immigration status
• They are authorized to work for a specific employer as a result of their nonimmigrant status
• They are in an immigration category that requires them to request employment authorization

If you are authorized to work in the United States because of your immigration status or are in an immigration category that requires you to request an EAD, then you must take all of the following steps to file for employment authorization: 

• Read the instructions for Form I-129, Petition for a Nonimmigrant Worker
• Complete and sign your Form I-129
• Pay the filing fee, if applicable
• Provide all required evidence and supporting documentation

Get Legal Help Today 

Our San Jose employment authorization lawyer strives to help you achieve your short-term and long-term employment goals here in the US. We believe the US is strongest when it welcomes working immigrants from all walks of life, as our nation would not be successful without passionate, driven workers like you. With this in mind, we welcome you to turn to LORIC Law Firm for all your employment authorization needs.

To get in touch with us, contact our firm online or at (650) 590-8258! Proudly serving the Bay Area.