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Eligibility to work in the US

There are a number of requirements needed to be fulfilled to work in the United States. There are also different types of categories of workers who can work in the US. They can be listed as follows:

  • Citizens
  • Non citizen national
  • Lawful permanent resident
  • An outsider authorized to work

There are also various acts and laws such as the Immigration and Nationality Act (INA) and the Foreign labor law which outline the requirements. For instance, the Immigration and Nationality Act (INA) put forward the right and conditions of the foreign nationals working in the US. On the other hand, the foreign labor law restricts the eligibility of non-US citizens to work in the US.

The US sees a lot of foreign nationals coming every year for work. They offer over 60 types of non-immigrant (temporary) visas. The commercial US visa categories are the ones under which a foreign national can work in the US. They include B1, H1B, L1, E1 and E2 visas. Now we will discuss the eligibility required for the foreign nationals to work in the US:

If a foreign national is hired for a job in the US, they are required to prove that they can legally work in the country. It is also necessary for the employers to ensure that they verify their work eligibility as well as their proper identity before hiring them.

They are required to fill an Employment Eligibility Verification formĀ (I-9 form) and should be kept on file. Other employees such as those who have a permanent resident as well as those who have been given asylum or refugee status can get authorization by the employer as a result of their immigration status.

It is necessary for the employees to present original important documents to their employer when hired. The different types of documents needed by the employee to present are:

List A (Documents that establish both identity and employment eligibility)

  • United States Passport
  • Permanent Resident Card or Alien Registration Receipt Card (I-551)
  • Temporary Resident Card (I-688)
  • Employment Authorization Document (I-766, I-688B, or I-688A)
  • Foreign Passport with temporary I-551 stamp
  • For aliens authorized to work only for a specific employer, foreign passport with Form I-94 authorizing employment with this employer

List B (Documents that establish identity only)

  • Driver’s license issued by a state or outlying possession
  • ID card issued by a state or outlying possession
  • Native American tribal document
  • Canadian driver’s license or ID card with a photograph (for Canadian aliens authorized to work only for a specific employer)
  • School ID card with a photography
  • Voter’s registration card
  • U.S. Military card or draft record
  • Military dependent’s ID Card

List C (Documents that establish employment eligibility only)

  • Social Security account number card without employment restrictions
  • Original or certified copy of a birth certificate with an official seal issued by a state or local government agency
  • Certification of Birth Abroad
  • US Citizen ID Card
  • Native American tribal document
  • Form I-94 authorizing employment with this employer (for aliens authorized to work only for a specific employer)

However, dependant on the type of visa the needed documents will vary. To get a work permit, an individual can apply for an EAD (Employment Authorization Document).

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