Employment Based Visa

H-1B Visa
The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations typically require a bachelor’s degree or equivalent in a specific field.

Key Points About The H-1B Visa:

• Specialty Occupation: The position must require theoretical and practical application of specialized knowledge, typically requiring at least a bachelor’s degree.

• Employer Sponsorship: A U.S. employer must sponsor the foreign worker and file the necessary petitions with U.S. Citizenship and Immigration Services (USCIS).

• Annual Cap: There’s an annual limit on new H-1B visas, with a lottery system if demand exceeds the cap.

• Lottery System: Due to high demand, if the number of petitions exceeds the cap, a lottery system randomly selects which petitions will be processed.
  
  

Although the H-1B visa process is employer-driven, HelpLegalForms offers resources and guidance for individuals involved in the application process. They provide information on what is needed for the application, the steps involved, and tips on how to ensure the application is complete and accurate.

Employment Authorization Document (EAD) Application (Form I-765)

Form I-765, Application for Employment Authorization, is a form used by individuals in the U.S. who are seeking authorization to work legally in the United States. It is typically filed by non-U.S. citizens who are in the U.S. under certain visa categories, status adjustments, or temporary work permits.

The Employment Authorization Document (EAD) is the card that is issued as a result of an approved I-765 application. This card serves as proof that the holder is authorized to work in the U.S. for a specific period of time.

Common Situations Where Form I-765 Is Used:

• F-1 Students: If an F-1 student wants to work in the U.S. through Optional Practical Training (OPT) or Curricular Practical Training (CPT).

• H-4 Visa Holders: Certain H-4 dependent spouses of H-1B visa holders can apply for an EAD.

• Asylum Applicants: Individuals who have applied for asylum may apply for an EAD while they await a decision on their asylum application.

• Adjustment of Status (Green Card Applicants): Applicants who are adjusting their status to permanent residency may apply for an EAD while their application is pending.

• TPS (Temporary Protected Status): Individuals with TPS status may apply for an EAD to work while they have temporary protection.
  

• Deferred Action for Childhood Arrivals (DACA): DACA recipients can apply for an EAD to work legally in the U.S.

The Labor Certification Process (PERM) is a key step in the process of obtaining a Green Card (permanent residency) for certain foreign workers in the United States, particularly those seeking employment-based permanent residency under the EB-2 (employment-based second preference) and EB-3 (employment-based third preference) visa categories.

H-4 Visa
The H-4 visa is a nonimmigrant visa that allows the spouse and unmarried children under 21 of an H-1B visa holder to enter and stay in the United States. The H-1B visa is for foreign workers in specialty occupations, and the H-4 visa provides a way for their families to accompany them to the U.S. while the primary visa holder is employed.

J-4 Visa

The J-4 visa is a nonimmigrant visa for the dependents (spouse and children) of J-1 visa holders. While the J-1 visa is granted to individuals participating in an exchange visitor program in the U.S. (such as students, researchers, interns, or teachers), the J-4 visa allows the spouse and unmarried children under 21 years of age of a J-1 visa holder to join them in the U.S. for the duration of the J-1 holder’s exchange program