What you may know for certain is that you yearn to legally work in the United States and make a good living for yourself. But what you may not know is how to make this possible. You may have heard the terms work permits or employment authorization documents (EADs) and work visas being thrown around and used interchangeably, but you must know that they are two separate things that hold distinct functions. With that being said, please follow along to find out the difference between an EAD and a work visa and how one of the proficient Lancaster County, PA work visa lawyers at Lupton Law LLC can help determine which immigration path best suits you.
What is the difference between an EAD and a work visa?
On the one hand, an EAD is a legal document that gives non-citizens already present in the United States permission to work here. Of note, even though an EAD grants work status, it does not grant legal immigration status. This is to say that this work permit usually serves as the first step toward a more permanent stay in the country, like an adjustment of status to get a green card. And so, the United States Citizenship and Immigration Services (USCIS) may deem you eligible for an EAD while your permanent immigration status in the country is still pending.
On the other hand, a work visa is a legal document that gives a foreign national authorization to enter the U.S. for an employment opportunity. This means that an individual typically needs a job offer with a U.S.-based employer already lined up beforehand, as this employer may also be required to sponsor their application. Here, an employer must petition the U.S. government for the visa and prove circumstances like not being able to find an individual already with legal status in the country with the same or similar credentials.
Which immigration document should I try to obtain?
Whether you apply for an EAD via Form I-765, Application for Employment Authorization, or a work visa with Form DS-160, Online Nonimmigrant Visa Application, depends on your current status and the type of work you seek. For example, if you can work in a specialty occupation and currently reside outside the U.S., then you may go for a work visa like the H-1B visa. However, if you are an F-1 visa student on Optional Practical Training, then it may make more sense to pursue an EAD.
If this is what you are currently up against, do not try to execute this plan without the legal assistance of one of the talented Lancaster County, PA work visa lawyers from Lupton Law LLC. We urge you to retain our services as soon as possible.
