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Working in the United States

Unless an immigrant has won a very different kind of lottery, chances are that he or she will need to work while waiting for an immigration visa number. These people are able to work in the United States if they apply for an employment authorization document (EAD). The EAD proves that the holder is allowed to work in the United States. EADs can be renewed; a person who is waiting for an EAD but has not received it yet may ask for an interim EAD after 90 days. Generally, INS makes its decision sooner than that.

In some cases, a person who is not an LPR may not need an EAD, for example, someone who is authorized to work for a specific employer such as a foreign government.

The EAD is a protection for both the employer and the employee. It is illegal for employers to hire non-citizens who do not have either LPR status or an EAD. As for employees, having an EAD prevents them from being forced to take a job with someone who knows they are not authorized to work and exploits them by paying them below minimum wage, for example.

Once Lawful Permanent Resident status has been granted and a green card issued, individuals may live and work in the United States and travel freely into and out of the country. If they wish to become naturalized U.S. citizens, however, they must prove that they were in the United States consecutively for a specific period of time. A person who travels to an overseas family home every three months and spends three months at a time there cannot apply for naturalization, even if he or she considers the U.S. home.

Individuals who are employed outside of the United States as executives, managers, or specialized consultants may qualify for a L-1 intracompany transfer work visa. If the individual is already in the United States at the time of application, a change of status may be possible. There are no quota restrictions for L-1 work visas.


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