Chicago
Work Permits and Visas
Information on legal requirements for obtaining the right to work, such as work permits and visas for immigrants.
Sections
1. Types of Work Permits and Visas
The U.S. offers several categories of work permits and visas depending on your qualifications, job type, and duration of stay. Here are the most common categories:
A. Non-Immigrant Work Visas (Temporary Work)
These are for individuals who intend to work in the U.S. temporarily. Common types include:
- H-1B Visa (Specialty Occupations): For professionals in specialized fields like IT, engineering, finance, etc. Requires a job offer and sponsorship from a U.S. employer.
- L-1 Visa (Intra-Company Transfer): For employees transferring within the same company to a U.S. office.
- O-1 Visa (Extraordinary Ability): For individuals with exceptional skills in sciences, arts, education, business, or athletics.
- H-2B Visa (Seasonal Non-Agricultural Workers): For temporary or seasonal non-agricultural work.
- H-2A Visa (Seasonal Agricultural Workers): For temporary agricultural work.
- TN Visa (NAFTA/USMCA Professionals): For Canadian and Mexican citizens in specific professional roles.
B. Immigrant Work Visas (Permanent Work)
These allow individuals to work and live in the U.S. permanently:
- EB-1 Visa (Priority Workers): For individuals with extraordinary abilities, outstanding professors, or multinational executives.
- EB-2 Visa (Advanced Degree Professionals): For individuals with advanced degrees or exceptional abilities.
- EB-3 Visa (Skilled Workers): For skilled workers, professionals, or unskilled workers.
- EB-5 Visa (Investor Visa): For individuals investing a significant amount in a U.S. business that creates jobs.
C. Employment Authorization Document (EAD)
- This is a work permit issued to certain non-citizens who are already in the U.S. under specific visa categories (e.g., asylum seekers, DACA recipients, spouses of H-1B visa holders with H-4 status).
2. Application Process
The process varies depending on the type of visa or work permit. Below are the general steps:
A. Non-Immigrant Work Visas
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Job Offer and Sponsorship:
- You must secure a job offer from a U.S. employer willing to sponsor your visa.
- The employer files a petition (Form I-129) with U.S. Citizenship and Immigration Services (USCIS).
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Labor Condition Application (LCA):
- For certain visas (e.g., H-1B), the employer must file an LCA with the Department of Labor (DOL) to ensure fair wages and working conditions.
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Visa Application:
- Once the petition is approved, you apply for the visa at a U.S. embassy or consulate in your home country. This involves completing Form DS-160 (Online Nonimmigrant Visa Application) and attending an interview.
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Entry to the U.S.:
- Upon visa approval, you can travel to the U.S. and begin work.
B. Immigrant Work Visas
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Employer Sponsorship:
- Your employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
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Labor Certification:
- For certain categories (e.g., EB-2, EB-3), the employer must obtain a PERM labor certification from the DOL.
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Adjustment of Status or Consular Processing:
- If you are already in the U.S., you can file Form I-485 (Adjustment of Status). If outside the U.S., you complete consular processing at a U.S. embassy or consulate.
C. Employment Authorization Document (EAD)
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Eligibility:
- Determine if you qualify for an EAD (e.g., you are in the U.S. on a visa that allows work authorization).
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Application:
- File Form I-765 (Application for Employment Authorization) with USCIS.
3. Costs
The costs vary depending on the visa type and application process. Below are approximate fees:
- H-1B Visa:
- Employer filing fees: $1,710โ$6,460 (depending on company size and other factors).
- DS-160 visa application fee: $190.
- L-1 Visa:
- Employer filing fees: $460 (Form I-129) + $500 (fraud prevention fee).
- DS-160 visa application fee: $190.
- EAD (Form I-765): $410.
- Adjustment of Status (Form I-485): $1,140 + $85 (biometrics fee).
- Immigrant Visa (Form I-140): $700.
Note: Fees are subject to change. Check the USCIS and U.S. Department of State websites for the latest updates.
4. Timelines
Processing times depend on the visa type and workload at USCIS or the U.S. embassy/consulate:
- H-1B Visa: 3โ6 months (premium processing available for an additional $2,500, reducing time to 15 days).
- L-1 Visa: 1โ4 months.
- EAD: 2โ6 months.
- Adjustment of Status: 8โ14 months.
- Immigrant Visas: 6 months to several years (depending on visa category and priority date).
5. Local Considerations in Chicago
A. USCIS Field Office
- The Chicago USCIS Field Office handles immigration-related services for residents in the area.
- Address: 101 W Congress Pkwy, Chicago, IL 60605.
- Services: Biometrics appointments, interviews, and general inquiries.
- Website: USCIS Chicago Field Office
B. Social Security Number (SSN)
- After obtaining your work permit or visa, youโll need to apply for an SSN to work legally in the U.S.
- Local Office: Social Security Administration, 77 W Jackson Blvd, Chicago, IL 60604.
C. Legal Assistance
- Consider consulting an immigration attorney in Chicago for personalized guidance. Some local organizations offer free or low-cost legal services:
- National Immigrant Justice Center (NIJC): Provides legal assistance to immigrants.
- Address: 224 S Michigan Ave, Suite 600, Chicago, IL 60604.
- Website: NIJC
- National Immigrant Justice Center (NIJC): Provides legal assistance to immigrants.
D. Cultural Considerations
- Chicago is a diverse city with a large immigrant population. Employers are generally familiar with visa sponsorship processes, especially in industries like technology, healthcare, and finance.
- Networking is key. Attend local job fairs, professional meetups, and immigrant community events to connect with potential employers.
6. Practical Advice
- Start Early: Visa applications can take months, so begin the process as soon as possible.
- Stay Organized: Keep copies of all documents, including your passport, visa, I-94 record, and employment authorization.
- Be Prepared for Interviews: Whether at the U.S. embassy or with USCIS, be ready to explain your qualifications and job role.
- Monitor Visa Caps: Some visas, like the H-1B, have annual caps. Apply early to secure your spot.
If you have further questions or need assistance with a specific visa type, feel free to ask!