Recognising the Distinctions Between H-1B and EAD Visas
What is an Employment Authorisation Document, or EAD?
The Employment Authorisation Document (EAD) is an essential credential for foreign nationals who want to work lawfully in the US. Essentially, the EAD verifies a person’s eligibility to work in the United States. The U.S. Citizenship and Immigration Services (USCIS) issues the document. Individuals who do not have a work-permitting visa but are in the country under another legitimate status—such as refugees, asylum seekers, or some students or spouses of H-1B visa holders—usually receive an EAD.
Who Is Eligible for an EAD?
An applicant’s immigration status determines their eligibility for an EAD. For example, individuals in certain non-immigrant categories or those with pending adjustment of status petitions can apply for an EAD. This category also includes certain students undergoing practical training and individuals with pending asylum applications. Typically, applicants must submit Form I-765 to USCIS, along with the required supporting documents to confirm their eligibility.
How Long is an EAD Valid?
An EAD’s normal validity is either one or two years, depending on the category under which it was granted. Holders must renew their documents before the EAD expires to maintain continuous work authorisation. The renewal process requires submitting Form I-765, the necessary payments, and supporting documentation. Foreign individuals’ ability to find and maintain a job in the United States directly depends on maintaining a valid EAD.
What is the H-1B Visa?
The H-1B visa is a non-immigrant work permit designed for skilled individuals in specialised professions. This visa allows American companies to employ foreign workers who have a bachelor’s degree or higher in a specialised field. Technology, engineering, mathematics, and healthcare are common industries for H-1B visa holders. The focus on specialised expertise highlights the importance of using global talent to enhance the US workforce.
Eligibility for the H-1B Visa
Applicants must have a job offer from a sponsoring US company to qualify for an H-1B visa. The employer must show that the candidate has the required skills and that the job requires specialised knowledge. It is important to note that the position must match the candidate’s training and experience. The sponsoring employer must also meet certain legal obligations, such as submitting a Labour Condition Application (LCA) to the Department of Labour.
The Application Process for H-1B Visa
The application process for the H-1B visa involves several steps. First, the employer must submit the LCA to ensure compliance with labour laws. After LCA approval, the employer files the Petition for a Nonimmigrant Worker, Form I-129. This form includes supporting materials that prove the employer’s credibility in the field, the job’s requirements, and the candidate’s qualifications. If the petition is approved, applicants who are outside the United States can apply for the visa at a US embassy or consulate.
Validity and Extensions of the H-1B Visa
H-1B visas are typically issued for three years but can be extended for up to six years. In some cases, it may be possible to extend beyond this period, especially if the employee is applying for permanent residence through an employer-sponsored green card. This option makes the H-1B visa more appealing to businesses and qualified individuals seeking to fill critical positions in their organisations.
Important Distinctions Between H-1B and EAD Visas
Key Differences Between the H-1B and EAD
It is essential for foreign workers to understand the differences between the H-1B visa and the Employment Authorisation Document (EAD). Each document serves a distinct purpose, and recognising their differences can significantly impact an individual’s immigration journey.
Eligibility Criteria for H-1B and EAD Visas
One of the main differences lies in eligibility criteria. The EAD is available to a wide range of individuals, such as spouses of certain visa holders, students in Optional Practical Training (OPT), and individuals with pending asylum claims. In contrast, applicants for the H-1B visa must have a job offer from a US company that requires specialised knowledge. They must also hold at least a bachelor’s degree or its equivalent in the relevant field.
Application Procedures for the H-1B and EAD Visas
The application procedures for the two documents also differ significantly. In many cases, EADs are issued when an applicant files for adjustment of status or holds certain non-immigrant visas. However, the H-1B application process is more complex. Due to high demand, the employer must submit a petition that is capped annually and approved through a lottery system.
Job Flexibility for EAD and H-1B Holders
There are also notable differences in job flexibility. EAD holders enjoy considerable flexibility as they can work for any company in the United States. On the other hand, H-1B visa holders are tied to their sponsoring employers and need USCIS approval to switch employers.
Validity Period and Portability of the H-1B and EAD Visas
Each visa also differs in validity period. H-1B visas are generally issued for three years, with the possibility of a six-year extension. EADs, however, are usually valid for one year, with the option to renew. Another key difference is portability. H-1B holders face a more challenging process if they want to switch employers without losing their status. In contrast, EAD holders can more easily change jobs.
What’s the Best Choice for You?
Factors to Consider When Choosing Between H-1B and EAD
Several factors must be carefully considered when deciding whether the H-1B visa or an Employment Authorisation Document (EAD) is the better choice for an individual’s career in the United States. The first step is to understand one’s job offers and the available opportunities. The H-1B visa requires a job offer with a sponsoring company in a specialised profession, while the EAD provides more employment options without employer sponsorship. Candidates should evaluate the nature of their career prospects and how well they fit with either choice.
Long-Term Career Goals: H-1B Visa vs. EAD
A person’s career aspirations are another critical factor. The H-1B visa may be a more permanent option for individuals seeking long-term work in the United States, especially if it leads to permanent residency. In contrast, professionals seeking flexibility—such as those looking to change jobs or explore other industries that align with their skills—may find the EAD more appealing. Making an informed decision requires considering how each option aligns with long-term career goals.
Personal Long-Term Ambitions in the United States
Additionally, individuals should consider their personal long-term ambitions in the United States. While the EAD offers greater short-term flexibility, the H-1B visa generally offers more stability in terms of job tenure and family member opportunities. People should reflect on their future in the United States and whether they want to pursue permanent status or ultimately leave the country.
Consulting an Immigration Lawyer
Finally, individuals should consult an immigration lawyer to navigate the complexities of immigration law. A knowledgeable lawyer can provide tailored advice based on an individual’s immigration status and work situation. With expert guidance, people can make well-informed decisions about their visa options.
