Immigration and Nationality Law Specialist 

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 :: DISCLAIMER

This information provided is not intended to replace the advice of an attorney but is merely provided as a public service. Each immigration case is different. For more information, consult with Thomas Esparza, Jr., Board Certified Specialist in Immigration and Nationality Law with more than 29 years of experience.
 
 
 



> Information on Families

Immigration laws require every employer to verify that an employee is authorized to work in the United States. An employee who is guilty of willfully misrepresenting his or her status and authorization to work could be subject to deportation, civil and criminal penalties. For any foreign national to be able work, they must apply for permission from the Immigration and Naturalization Service (INS) for an employment authorization document (EAD).


There are four general categories for foreign nationals that are authorized to work in the United States. The First Category applies to permanent or conditional residents (Green card holders), and foreign nationals granted Family Unity status. The Second Category authorizes foreign nationals to work but only for a specific employer. These include foreign government officials and their employees, temporary workers or trainees, professionals under the North American Free Trade Agreement, some exchange visitors, L-1 intra-company transferees, E-1 treaty traders and E-2 treaty investors and others. The Third Category consists of those foreign nationals that can work for anyone but must apply under specific guidelines including: refugees, asylees, aliens granted extended voluntary departure or temporary protected status, finance(s) and children of U. S. citizens, and others. The Fourth Category of foreign nationals include dependents of exchange visitors, an F-1 student applying for off campus employment or because of economic necessity, non-academic students for practical training, aliens in removal proceedings applying for asylum or suspension of deportation or cancellation of removal and other individuals. For more facts about eligibility for employment authorization, seek a specialist in immigration law or call the INS.



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