US Visas / Work Authorizations: When we start talking with the candidate we always check his work authorization / visa status and its validity and proceed further accordingly. We can work with people who are authorized to work for at least 8 hours in a day. [If someone says I need sponsorship or I don’t have work visa, we can’t work with that candidate.] Visas and citizenship documents are issued by: United States Citizenship and Immigration Services (USCIS) department. This is part of USA govt.
There are 2 types of work authorized people:
- Permanent Residents (Immigrant)
- US Citizen – Permanent residents of USA who born in US or got citizenship by US govt. they don’t need any sponsorship. They can work with any employer, any client. They can work for full time, Contract and CTH positions.
- Green Card Holder – People who are foreign national now living in USA permanently. They get this Green Card from USA govt. which is A permit allowing a foreign national to live and work permanently in the US. They also don’t need any sponsorship. They can work with any employer and any client. They can work for full time, Contract and CTH positions.
- Temporary Residents (Non-Immigrant)
- H1B Visa: The H1B Visa is the primary US work visa (work permit) made available to people from all over the world. US Immigration requires ‘every’ foreign national to obtain a visa in order to legally work in America. One of the main advantages of the H1B visa is that it is a ‘dual intent’ visa which means that you can apply for a Green Card (Legal Permanent Residency).
The Process to obtain an H1B Visa: Step 1 – you Must 1st find an H1B Sponsorship Job with a US Sponsoring Company (employer) Step 2 – your H1B employer files your H1B Visa Application with the US Immigration Bureau * individuals can NOT sponsor or apply for their own H1B visa. Only US Employers can do that. To qualify for the H1B Visa Program, you must work in a ‘specialty occupation’: The core Specialty Occupations include: IT, Computing, Finance, Accounting, Banking etc.
An H1B visa is typically valid for up to six (6) years and entitles your spouse (husband/wife) and children (under 21) to accompany you and live in the USA on an H4 visa. The H4 dependent visa does not allow your spouse/children to work (unless they get their own H1B visa).
- The starting period of validity of an H-1B petition is three years, but it could be less.
- H1B visa can be extended up to 6 years.
- Form I-94 is the proof of H1B`
- The H1B holder can work only C2C hourly rates through his employer. He cannot work on W2 and 1099 rates. Only He can work on W2 annual salary + benefits with the client if he transfers the Visa.
- Whenever we Interview a H1B candidate we also talk to his employer/Vendor to discuss his hourly rates and get confirmation from the vendor.
- TN Visa (Canadian Citizens) – People for Canada and Mexico come to USA and also authorized to work in US. But they have to take TN visa and they keep extending it for further years. They can work on W2 and 1099 tax terms. They can work for full time, Contract and CTH positions until their visa is valid.
EAD (Employment authorization document) Form – I-765 approved. People who don’t need any sponsor and can work individually. They get EAD from USA govt. They are authorized to work for couple of years and later they have to get extension. There are 4 following EAD cards are approved by US Govt.:
- GC – EAD – (EAD for Green Card) People, who are working on H1B visa, apply for green card and when they get their application approved, get an EAD card. They can work individually on W2 and 1099 rates. They can work for full time, Contract and CTH positions until their EAD visa is valid. H1b Can Start the Green card application process as soon as possible. The Green card application is totally independent of the H1B visa. Form I-485 pending status related to GC-EAD. EAD is Valid for 1 year and can be renewed until you don’t get green card. EAD Stages are – EB1, EB2 and EB3. After these stages clearing candidates get green card from US Govt.
- L2 – EAD (L1 dependent –Wife) – L2 EAD visa holder can work with any employer and he or she can work on W2 or 1099 rates. They can work for full time, Contract and CTH positions until their visa is valid. If L1 visa holder going back to his home country /Ended his visa, L2 EAD also have to leave the country with L1.
- OPT – EAD (Optional Practical Training) F1 visa holder students get this OPT work visa after completing their study, they can work full time and contract, CTH all kind of jobs. They can work on W2 and 1099 tax terms)
- CPT – EAD (Curricular Practical Training) F1 students get this work visa during the study sponsored by the university, they are authorized to work part time. Usually they work during the weekdays and study in weekends.
- E3 Visa – Australians citizens get this visa to work in US. They can work on W2 or 1099 rates. They can work for full time, Contract and CTH positions until their visa is valid.
- Can work for any employer: Most of the H1B candidates put this status on job portals. It means they are authorized to work with any company and client.
Visas list which Not Authorized to work with us. : (H4, L1, F1, B1, J1, A1 etc.)
- H4 visa holder is dependent of h1b visa, not authorized to work.
- L1 – They can work in a fixed company who sponsored their visa. They are not authorized to work with our company or our clients. We do not work with L1 visa holders because they cant change their employer
- B1 – We do not work with B1 visa holders because they are not authorized to work in US. And they have only 3 to 6 Months Visa for Business.
- F1 – These Visa holders are students who just authorized to stay in US for Study purpose.