Mar 18, 2010

What is the difference between an EAD and a work visa?

A visa to work in the U.S. and a work authorization document are two different concepts.

The Form I-765, the work authorization application is for the temporary foreign nationals who are residing in the United States to apply for work authorization to work legally during their stay in the United States.

The USCIS provides work authorization for some eligible foreign nationals. A foreign national is authorized to work in the U.S. if he/she has the work authorization document also known as EAD. The work authorization is valid for one year. Work authorization or Form I-765 is also referred to as work permit. The work authorization or Form I-765 is a laminated card which has the foreign nationals name and his/her photo and the expiration date. The foreign national is authorized to work for any employer until the work authorization expires.

All eligible foreign nationals who wish to work in the United States during the temporary stay should file Form I-765 and get the work authorization document before starting to work. It is mandatory that one should file Form I-765 and have the approved work authorization to work.

The Form I-765 should be filed with the relevant documents. One needs to file Form I-765 with the relevant fee. Once the USCIS process Form I-765, the applicant will receive the Notice of Action within 30 days.

Sometimes it requires the employer may have to hire foreign worker in case of shortage of workers in the United States. the USCIS allows certain foreign nationals to enter the United States on a visa to work in the U.S., and have framed certain eligibility requirements and conditions.

A visa to work in the U.S. permits a foreign national to enter in to the United States to work. A visa to work in the U.S. are required by foreign nationals who can work in a specific field. There are many visas which allows the foreign national to work in the United States. Foreign nationals who enter in to United States with a visa to work in the U.S. for a specific employer need not file Form I-765 to get the work authorization. A foreign national can enter the united states with a visa to work in the U.S. on a temporary basis or a permanent basis. The foreign national entering in to United States on a work visa can accompany their family members. In case of a visa to work in the U.S., first the prospective employer needs to file a petition with USCIS, on approval the applicant can apply for a visa at the consulate or embassy.

The period of stay the foreign national can be in United States varies from one visa to another and based on his /her employment preference category. The foreign national can find his/her period of stay in the U.S. is available on the I-94 or in his/her notice of approval. If the foreign national has to be in the United States for longer than his/her stay then the U.S. employer can file for an extension of the employees stay. It is always advisable that the employer file a head before the visa expires.