Is a Work Permit the Same Thing as an Employment Visa?

There are many people who come to the United States for work opportunities. They may apply for a non-immigrant employment visa. Notably, an employment visa is not the same thing as a work permit. Those terms have different meanings and refer to a different form of status in the context of U.S. immigration law. Here, our Alexandria employment immigration lawyer discusses the key things that you need to know about employment visas and work permits in Virginia.

The Big Difference: Statutory Classification vs. Regulatory Benefit 

A nonimmigrant employment visa allows for admission under a specific statutory classification authorized by the Immigration and Nationality Act (INA). Some of the most notable examples include the H-1B, L-1, O-1, and E-2 categories. They are all grounded in federal statute. The visa classification determines the scope of authorized activity, duration of stay, and maintenance obligations. The Employment Authorization Document does none of that.

United States Citizenship and Immigration Services (USCIS) explains that a work permit, formally called an Employment Authorization Document, is issued pursuant to federal regulation at 8 C.F.R. § 274a.12. It authorizes employment for a defined period. It does not create lawful status. It does not define the underlying immigration classification. It merely evidences authorization to work.

Nonimmigrant Employment Visas Confer Status With Built-In Work Authorization 

Most employment-based nonimmigrant visas provide employment authorization incident to status. An H-1B worker may work only for the petitioning employer under the terms approved by U.S. Citizenship and Immigration Services. An L-1 transferee may work only for the qualifying multinational entity. The work authorization flows automatically from the approved petition and admission. These visa holders do not receive a separate work permit to perform authorized employment. Instead, their Form I-94 record and approval notice govern. With that being said, any unauthorized employment outside the petition parameters constitutes a violation of status. 

Employment Authorization Documents Often Attach to Pending/Derivative Status

An Employment Authorization Document is frequently issued to people who do not hold an employment visa. In other words, that cannot lawfully take a job with the immigration documents that they currently have. As an example, applicants for adjustment of status under INA § 245 may apply for employment authorization while their green card case remains pending. Beyond that, certain asylum applicants may receive employment authorization after meeting regulatory eligibility requirements. Further, spouses of certain visa holders may also qualify under specific regulatory provisions. In these contexts, employment authorization is derivative or ancillary. It depends on the underlying application or status category. If the underlying application is denied, employment authorization terminates. 

Contact Our Alexandria Employment Immigration Attorney Today

At Escobar Law Offices, our Virginia employment immigration attorney has the knowledge, skills, and legal experience that you can rely on when it matters most. If you have questions about employment visas and/or work permits, we can help. Contact us today to set up your completely confidential, no obligation initial consultation. From our Annandale office, we handle employment immigration matters throughout all of Northern Virginia.

Source:

uscis.gov/employment-authorization