An Employment Authorization Document is not needed by nonimmigrant treaty traders or treaty investors or for those who are authorized to work for a specific employer, such as a foreign government.

Employment authorization can be obtained for the following categories of nonimmigrants:

1. H-1B - workers with "specialty occupations" admitted on the basis of professional education, skills, and/or equivalent experience;

2. H-1C - registered nurses to work in areas with a shortage of health professionals under the Nursing Relief for Disadvantaged Areas Act of 1999;

3. H-2A - temporary agricultural workers coming to the United States to perform agricultural services or labor of a temporary or seasonal nature when authorized workers are unavailable in the United States;

4. H-2B - temporary non-agricultural workers coming to the United States to perform temporary services or labor if unemployed persons capable of performing the service or labor cannot be found in the United States;

5. H-3 - aliens coming temporarily to the United States as trainees, other than to receive graduate medical education or training;

6. O-1, O-2, O-3 - temporary workers with extraordinary ability or achievement in the sciences, arts, education, business, or athletics; those entering solely for the purpose of accompanying and assisting such workers; and their spouses and children;

7. P-1, P-2, P-3, P-4 - athletes and entertainers at an internationally recognized level of performance; artists and entertainers under a reciprocal exchange program; artists and entertainers under a program that is "culturally unique"; and their spouses and children;

8. Q-1, Q-2, Q-3 - participants in international cultural exchange programs; participants in the Irish Peace Process Cultural and Training Program; and spouses and children of Irish Peace Process participants;

9. R-1, R-2 - temporary workers to perform work in religious occupations and their spouses and children.

Labor certification is required for United States employers seeking to employ certain persons whose immigration to the United States is based on job skills or nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States.

Labor certification is issued by the Secretary of Labor and contains attestations by United States employers as to the numbers of U.S. workers available to undertake the employment sought by an applicant, and the effect of the alien’s employment on the wages and working conditions of U.S. workers similarly employed. Determination of labor availability in the United States is made at the time of a visa application and at the location where the applicant wishes to work.

For additional information and procedures please contact us at info@passintl.com.