What Should I Do To Get A Work Permit That Allows Me To Work In Texas?

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Answer

To work legally in Texas, individuals can explore various pathways offered by U.S. immigration law. Depending on specific circumstances, qualifications and job nature, the law provides options for both permanent and temporary work authorization.

Options For Long-Term Employment

For individuals pursuing long-term employment, applying for an employment-based green card is a viable route. These green cards are categorized into five groups:

  • EB-1: For outstanding professors, researchers and professionals with extraordinary abilities.
  • EB-2: For those with advanced degrees or exceptional skills in the sciences, arts or business.
  • EB-2 National Interest Waiver: For those with a proposed endeavor within the U.S. national interest, making it possible to exclude the labor certification step.
  • EB-3: For unskilled workers, skilled workers and professionals.
  • EB-4: For special immigrants, like religious workers.
  • EB-5: For investors willing to make significant contributions to U.S. enterprises.

The application process typically requires an employer to petition the U.S. Citizenship and Immigration Services (USCIS), demonstrating the unavailability of suitable U.S. workers for the position.

Options For Temporary Employment

For temporary work needs, there are multiple nonimmigrant visa options. The H-1B visa is designed for individuals employed in specialty occupations that require theoretical or technical expertise in specialized fields, such as IT, finance, engineering and health care. The applicant must possess at least a bachelor's degree or its equivalent in their specific specialty. An employer must sponsor the applicant and prove that a U.S. worker cannot fill the position.

The L-1 visa facilitates the transfer of key employees from a foreign corporation to a U.S. branch, subsidiary or affiliated company. It includes two subcategories: L-1A for executives and managers and L-1B for employees with specialized knowledge. The employee must have worked for a non-U.S. company for at least one continuous year within the past three years.

E-1 visas are available to individuals or employees of companies that conduct substantial trade between the U.S. and a treaty country. E-2 visas are for investors who are citizens of countries with which the U.S. has a treaty of commerce and navigation and who have made or are actively in the process of creating a substantial investment in a U.S. enterprise.

O-1 visas are for individuals who possess extraordinary abilities in the sciences, arts, education, business or athletics or who have a demonstrated record of extraordinary achievement in the motion picture or television industry.

Lastly, the TN visa under NAFTA allows Canadian and Mexican citizens to work in the U.S. and allows the temporary entry of professionals to engage in prearranged business activities in fields such as science, engineering, teaching and management consulting.

These visas require specific qualifications and involve an employer or sponsor filing a petition, followed by a visa application at a U.S. consulate or embassy. The process includes determining eligibility, employer sponsorship, possible labor certification, petition filing with USCIS and visa application, culminating in an interview and adjudication phase. Due to the complex nature of immigration laws, it is highly recommended to consult with an immigration attorney to navigate the requirements effectively and ensure compliance with all legal procedures.

Disclaimer:

The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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