Employment Definition

EMPLOYMENT

In the context of U.S. immigration, employment refers to the lawful engagement of noncitizens in work activities within the United States. Key points include:

1. Employment Authorization – Immigrants need specific permission to work, which can be granted through an Employment Authorization Document (EAD) or as part of a specific visa status (e.g., H-1B, L-1, or other employment-based visas).
2. Employment-Based Visas – These are visas specifically tied to job offers or employment opportunities in the U.S., such as:

• Temporary Nonimmigrant Work Visas (e.g., H-1B for skilled workers, H-2A for agricultural workers).
• Permanent Immigrant Work Visas (e.g., EB-1, EB-2, EB-3) that can lead to permanent residency based on job skills or qualifications.

1. Employer Sponsorship – Many employment-based immigration pathways require a U.S. employer to sponsor the immigrant by offering a job and, often, filing a petition with USCIS.
2. Labor Certification – For certain visas, employers must prove that hiring the immigrant won’t negatively impact U.S. workers’ wages and job availability, often requiring labor certification from the Department of Labor.
3. Unauthorized Employment – Working without the proper authorization is a violation of U.S. immigration laws and can lead to penalties, removal, or impact future immigration applications.