1. What is the purpose of a nonimmigrant US visa?

The purpose of a nonimmigrant US visa is to allow an individual to enter the United States temporarily for a specific purpose, such as tourism, business, education, or medical treatment. Nonimmigrant visas are issued for a limited period of time and do not grant the holder permanent residence in the United States.

2. What types of visas are typically classified as nonimmigrant?

The types of visas that are typically classified as nonimmigrant include:

1. Tourist visa (B-2): for individuals visiting the United States for tourism or pleasure.
2. Business visa (B-1): for individuals traveling to the United States for business purposes.
3. Student visa (F-1): for individuals studying full-time at an accredited educational institution in the U.S.
4. Exchange visitor visa (J-1): for individuals participating in approved exchange programs.
5. Temporary worker visa (H-1B): for skilled workers seeking temporary employment in the U.S.
6. Temporary religious worker visa (R-1): for religious workers seeking temporary employment in the U.S.
7. Athlete, artist, and entertainer visa (O/P): for individuals with extraordinary ability in their field coming to the U.S. to perform or compete.
8. Investor/trader treaty visas (E-1/E-2): for individuals from countries with which the U.S. has a treaty of commerce and navigation, engaging in trade or investment in the U.S.
9. Intracompany transferee visa (L-1): for employees of multinational companies being transferred to work at a branch, parent, affiliate, or subsidiary company in the U.S.

Note: This list is not exhaustive, as there are many different nonimmigrant visa categories with specific requirements and eligibility criteria.

3. Can I work in the United States on a nonimmigrant visa?

Yes, there are a variety of nonimmigrant visas that allow individuals to work in the United States. These include:

– H-1B visa: for individuals in specialty occupations, such as scientists, engineers, and computer programmers
– L-1 visa: for intracompany transferees who are managers, executives, or have specialized knowledge
– E-1/E-2 treaty investor/investor visas: for individuals from countries with which the U.S. has a treaty of commerce and navigation
– TN visa: for citizens of Canada and Mexico who work in certain designated professions under the North American Free Trade Agreement (NAFTA)
– O-1 visa: for individuals with extraordinary ability in fields such as science, education, business, or athletics

Each of these visas has different eligibility requirements and limitations on the duration of stay. It is important to consult with an immigration attorney to determine which nonimmigrant visa is best suited for your situation.

4. What is the process for obtaining a nonimmigrant work visa?
The specific process for obtaining a nonimmigrant work visa will depend on the type of visa you are applying for. In general, it will involve the following steps:

1. Determine your eligibility: Each nonimmigrant work visa has specific eligibility requirements that must be met before an application can be submitted.

2. File a petition with U.S. Citizenship and Immigration Services (USCIS): The sponsoring employer or organization must file a petition on behalf of the employee or individual seeking employment.

3. Wait for approval: Once USCIS approves the petition, you will receive a notice indicating that it has been approved.

4. Apply for a visa at a U.S. embassy or consulate abroad: After receiving approval from USCIS, an individual must apply for their nonimmigrant work visa at a U.S. embassy or consulate abroad.

5. Attend an interview (if required): Depending on the visa type and individual circumstances, an interview with a consular officer may be required.

6. Wait for visa issuance: After the interview and any necessary administrative processing, the consular officer will make a decision on the visa application. If approved, the individual will receive their visa stamp in their passport.

5. Can I change employers on a nonimmigrant work visa?
Generally, nonimmigrant work visas are tied to a specific employer and position. However, some types of visas, such as H-1B and L-1 visas, do allow individuals to change employers within certain restrictions.

H-1B employees can change employers but must file a new H-1B petition with USCIS. For L-1 employees, if they are transferring to a different branch of the same company, they can generally apply for an L-1 Blanket petition without having to go through the entire process again.

It is important to consult with an immigration attorney before changing employers on a nonimmigrant work visa to ensure that all necessary procedures are followed and that your authorization to work remains valid.

4. What is an Employment Authorization Document (EAD)?

An Employment Authorization Document (EAD) is a document issued by the US Citizenship and Immigration Services that allows non-US citizens to legally work in the United States. It serves as proof of authorization for employment and is typically valid for a specific period of time. EADs are often issued to individuals who are in the process of applying for permanent residency or who have temporary work visas allowing them to work in the US.

5. How do I apply for an EAD?

If you are eligible for an EAD, you can apply for it by filing Form I-765, Application for Employment Authorization, with the U.S. Citizenship and Immigration Services (USCIS). You will also need to provide supporting documents that demonstrate your eligibility for an EAD, such as a copy of your visa or immigration status.

You can file your application by mail or electronically through the USCIS online platform. It is important to carefully follow all instructions and include the correct fee and required documents to avoid delays in processing.

Once your application is approved, you will receive an Employment Authorization Document (EAD) which serves as proof that you are authorized to work in the United States.

6. Who is eligible to apply for an EAD?

>As of 2021, applicants for an Employment Authorization Document (EAD) must fall into one of the following categories to be eligible:

1. Asylees and Refugees: Individuals who have been granted asylum or refugee status by the United States Citizenship and Immigration Services (USCIS).

2. Foreign Nationals Seeking Adjustment of Status: Foreign nationals who have applied for permanent residency and have an approved Form I-485, Application to Register Permanent Residence or Adjust Status.

3. Spouses of Certain Nonimmigrants: Spouses of E-1, E-2, L-1A, L-1B, or H-1B visa holders who are filing Form I-765 together with their spouse’s petition.

4. Dependents of Certain Nonimmigrants: Dependent children under the age of 21 and spouses of A-1, A-2, G-1, G-3, G-4, or NATO visa holders who are filing Form I-765 together with their parent’s or spouse’s petition.

5. Foreign Students Seeking Off-Campus Employment: F-1 students with severe economic hardship or J-2 dependents seeking employment authorization.

6. Foreign Students Seeking Practical Training: F-1 students seeking Optional Practical Training (OPT) after completing their studies.

7. Temporary Protected Status Beneficiaries: Individuals who have been designated as Temporary Protected Status (TPS) beneficiaries by the USCIS.

8. Applicants Under Deferred Action Programs: Individuals granted deferred action under DACA (Deferred Action for Childhood Arrivals), DED (Deferred Enforced Departure), or TPS-related advance parole.

9. Spouses and Children of Lawful Permanent Residents: Spouses and children (under the age of 21) of lawful permanent residents who have filed a petition for them to receive an immigrant visa.

10. Applicants for Suspension of Deportation/­Cancellation on certain grounds (NACARA): Individuals applying for suspension of deportation/cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA).

Note: This list is not exhaustive and there may be other categories of applicants who are eligible for an EAD. It is best to consult with an immigration attorney or the USCIS website to determine your eligibility.

7. Do I need a job offer to apply for an EAD?

No, you do not need a job offer to apply for an EAD. The purpose of the EAD is to allow you to legally work in the United States while you are on certain visas or if you have a pending adjustment of status application. However, having a job offer may make your application stronger and increase your chances of approval.

8. Can my spouse or children work in the US under my EAD?

It is possible for your spouse and/or children to obtain employment authorization through your EAD under certain circumstances. Spouses of EAD holders may be eligible for employment authorization if they hold certain nonimmigrant visa statuses (such as H-4 or L-2), are in the process of applying for adjustment of status, or are dependent on an EAD holder under extraordinary circumstances. Children under the age of 21 who hold derivative immigration status (such as dependent on an EAD holder) may also be eligible for employment authorization. However, eligibility for employment authorization will depend on individual circumstances and it is best to consult with an immigration attorney for specific guidance.

9. What is the H-4 EAD program?

The H-4 EAD (Employment Authorization Document) program is a program that was implemented in 2015 by the former Obama administration. It allows certain spouses of H1B visa holders to apply for employment authorization in the United States. This includes the spouses of H1B visa holders who are in the process of obtaining an adjustment of status to permanent resident, or have been granted an extension of their H1B status beyond six years under AC21 rules. The purpose of this program is to provide work opportunities for eligible H4 visa holders who previously were not allowed to obtain employment authorization while in the US.

10. Who is eligible to apply for an H-4 EAD?

The following individuals are eligible to apply for an H-4 EAD:

1. Spouses of H-1B nonimmigrants who are in the process of applying for lawful permanent resident status (green card)
2. Spouses of H-1B nonimmigrants who have been granted an extension beyond their six-year H-1B stay based on a pending green card application
3. Spouses of H-1B nonimmigrants who have been granted an H-1B visa after being counted against the cap in a previous fiscal year and are currently waiting for their green cards to become available
4. Children (unmarried, under 21 years old) of H-1B nonimmigrants who fall into one of the above categories.
5. Dependents of foreign government officials holding A or G visas, whose own course ensures reciprocal treatment to U.S. citizens.

11. Is there a limit on the number of H-4 EADs issued each year?

No, there is no limit on the number of H-4 EADs issued each year. As long as an individual meets the eligibility requirements and submits a complete application, they should be able to obtain their H-4 EAD.

12. Can I travel outside of the US while on an H-4 EAD?

Yes, you can travel outside of the US while on an H-4 EAD. However, there are a few things to keep in mind:

1. You must have a valid H-4 visa stamp in your passport in order to re-enter the US. If your visa has expired or if you do not have a visa, you will need to apply for an H-4 visa at a US consulate before you can return.

2. You need to carry your valid EAD with you when traveling outside of the US. This serves as proof that you are authorized to work in the US upon your return.

3. Make sure that your I-765 and I-129 forms are still valid and have not expired while you are away. Your EAD may be revoked if these forms have expired.

4. It is important to maintain valid H-4 status while outside of the US. This means that your spouse (the H-1B holder) must also maintain their H-1B status and their job with the sponsoring employer.

5. If you plan on being outside of the US for more than 6 months, it is recommended that you obtain a re-entry permit from USCIS before leaving the country.

6. Lastly, make sure to check the travel restrictions of any countries you plan on visiting while abroad to ensure entry is permitted with a US passport or visa.

Note: In light of current COVID-19 travel restrictions and possible changes to immigration policies, it is best to stay updated on any changes or new requirements for traveling internationally while on an H-4 EAD.

13. Are there any restrictions on the type of work I can do with an H-4 EAD?

There are no specific restrictions on the type of work you can do with an H-4 EAD. You may work in any field or industry, as long as your employment meets the criteria for H-4 status, such as being employed by your H-1B spouse’s employer or by a company that is authorized to sponsor H-1B visas. However, if you have any other nonimmigrant visa status, there may be specific restrictions on the types of work you can do based on the terms of that particular visa. It is important to consult with an immigration attorney to understand any potential limitations.

14. How long does it take to process an H-4 EAD application?

The processing time for an H-4 EAD application varies depending on the workload at the USCIS office handling the case. On average, it takes about 3-5 months to process an H-4 EAD application. However, this may change depending on current processing times and any delays that may arise. It is always recommended to check the USCIS website for current processing times before submitting your application.

15. What happens if my spouse’s employment authorization ends while I am on an H-4 EAD?

If your spouse’s employment authorization ends while you are on an H-4 EAD, you will no longer be eligible to work on your H-4 EAD. You must stop working and apply for a new employment authorization document (EAD) or find another eligible nonimmigrant visa status that allows you to work. If your spouse’s employer is willing to petition for a change of status to an employment-based visa category, you may be able to continue working with the new visa status.

16. Can I extend my H-4 EAD if my spouse’s H-1B status is extended?
Yes, you can apply to renew your H-4 EAD if your spouse’s H-1B status is extended. In order to renew your EAD, you must file Form I-765, Application for Employment Authorization, with the USCIS within 180 days before your current EAD expires.

17. Can I travel internationally while on an H-4 EAD?
Yes, you can travel internationally while on an H-4 EAD. However, before leaving the United States, you should ensure that your EAD and H-4 visa are still valid and that the expiration dates of both documents have not passed while you were away. Additionally, reentering the U.S. with a valid H-4 visa will not automatically extend or renew your EAD; you must still apply for renewal by filing Form I-765 with USCIS.

18. Can I study while on an H-4 EAD?
Yes, you can pursue educational opportunities on an H-4 EAD as long as it does not conflict with any restrictions on the type of work allowed under your specific employment authorization classification.

19. Can I start my own business while on an H-4 EAD?
No, individuals on an H-4 EAD are not permitted to work independently or start their own business. They are only authorized to work for the employer specified on their employment authorization document.

20. Can I change employers while on an H-4 EAD?
No, you cannot change employers while on an H-4 EAD. Your employment authorization is tied to your spouse’s H-1B status and employer, so any changes in employment must be reflected in your spouse’s H-1B petition first.

21. Can I apply for a green card while on an H-4 EAD?
Yes, you can apply for a green card while on an H-4 EAD as long as you meet the eligibility requirements. However, obtaining a green card does not automatically extend or renew your H-4 EAD; you must still file for renewal with USCIS when your current EAD expires.

22. What happens if my spouse’s H-1B visa is denied or revoked?
If your spouse’s H-1B visa is denied or revoked, your dependent status will also be affected. This means that you will no longer be eligible for an H-4 EAD and must stop working immediately. You may have the option to find another eligible nonimmigrant visa status that allows you to work or seek alternate immigration options.

23. How long can I stay in the U.S. on an H-4 EAD?
Your length of stay in the U.S. on an H-4 EAD is tied to the validity period of your spouse’s approved Form I-797A, Notice of Action (Approval Notice) from USCIS granting them nonimmigrant status as an H-1B worker.

16. Can I extend my stay and continue working in the US with an H-4 EAD?

Yes, if your spouse’s H-1B visa is still valid and you continue to meet the eligibility criteria for an H-4 EAD, you can apply for renewal and continue working in the US until your spouse’s H-1B visa expires. You cannot apply for an extension of your stay on an H-4 EAD, as it is tied to your spouse’s H-1B status.

17. Will having an H-4 EAD affect my chances of obtaining a Green Card?

Having an H-4 EAD should not affect your chances of obtaining a Green Card. Your eligibility for a Green Card is determined by your own qualifications and factors such as your family or employment sponsorship, not by whether or not you have an H-4 EAD. However, having an H-4 EAD does demonstrate that you have legal authorization to work in the US, which may be viewed positively by immigration officials during the Green Card application process.

18 . Can I apply for permanent residency while on an H-4 visa and working with an EAD?

Yes, you can apply for permanent residency (also known as a green card) while on an H-4 visa and working with an Employment Authorization Document (EAD). The H-4 visa is a dependent visa for spouses and children of H-1B visa holders, and allows the holder to live and work in the US. However, having an EAD means that you are also authorized to work in the US independently from your spouse’s H-1B status.

In order to apply for permanent residency, you must meet all the eligibility requirements set by the United States Citizenship and Immigration Services (USCIS). This includes being sponsored by an employer or a family member, meeting education and work experience requirements, passing a background check, and demonstrating that you will not become a public charge.

Having an EAD does not automatically make you eligible for permanent residency. You will still need to go through the proper application process and meet all the necessary requirements. It is also important to note that depending on your specific circumstances, there may be additional steps or limitations involved in your green card application.

It is recommended to consult with an experienced immigration attorney or accredited representative to assist you with your permanent residency application while on an H-4 visa. They can help guide you through the process and address any concerns or questions you may have.

19 . Is there a fee for applying for an H-4 EAD?

Yes, there is a fee for applying for an H-4 EAD. As of June 2021, the filing fee for Form I-765 (Application for Employment Authorization) is $410, in addition to an $85 biometric services fee. This fee may change, so it is important to check the USCIS website for the most up-to-date information.

20 . Can my employer terminate me from my job if they find out I am on an H-4 visa and have or applied for an EAD?

No, your employer cannot legally terminate you solely based on being on an H-4 visa and having or applying for an EAD. Employers are required to treat all employees equally regardless of their immigration status, as long as the employee is authorized to work in the United States.