US Work Visa vs Work Permit
Do I need work visa or work permit and what’s the difference? It can be easy to confuse work visa with work permit since both lead to the same goal of employment in the US and one required for foreign nationals. However, there are distinct differences between the two terms. Therefore, this article will be an overview in discussing those differences.
Work Visa
The US issues different types of visas that relate to the principal purpose of a foreign national’s trip to the US. A temporary US work visa allows an individual to enter the US to take up employment as opposed to, for example, a US visitor visa, which is issued for the purpose of visiting the US. A temporary US work visa can be defined as an endorsement by immigration authorities giving the applicant permission to enter the US in order to work. They determine that a foreign national has applied, been examined, and approved for the visa being sought.
A foreign national who seeks to enter the US on a work visa must obtain a US visa stamp from a U.S. Embassy or Consulate, which is placed on the applicant’s passport. The US visa allows the foreign national to travel to a US port of entry, airport or land border crossing and request permission to enter the US. While the US visa does not guarantee entry to the US, it does indicate that a consular officer at a US Embassy or Consulate abroad has determined that the foreign national is eligible to seek entry into the US for a specific purpose. Generally, most US work visas require that a US employer file a petition with US Citizenship & Immigration Services (USCIS). The petition must be approved before applying for the work visas.
Work Permit
Employment Authorization Document (or EAD) is a card issued by USCIS authorizing the foreign national holder of the card to work in the U.S. This is generally known as a work permit. The US work permit allows foreign nationals to work in the US for any employer without restriction. Obtaining a work permit from USCIS denotes that the foreign national is eligible to work in the US. In order to obtain the work permit, the eligible foreign national must file the Form I-765 with USCIS while present in the U.S. Generally. US immigration law is very specific about who can be issued a work permit. Therefore, it is important to check eligibility for a US work permit from USCIS. Those who require a work permit must wait until they obtain their work permit or EAD in order to start working. In contrast, those who enter the US with a work visa or obtain work visa status in the US are authorized to work because they hold the particular work visa status and do not need a separate work permit or EAD.
In conclusion, you must be eligible under one of specific categories that allows you to work during the authorized stay in the US. In some of these categories, your work visa will give you the authorization to work as soon as you enter the US. For other categories, you will need to obtain the work permit (or Employment Authorization Document) before you can start employment in the US.