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Could Illegal Working in The U.S. Be Avoided?
Working in the United States of America is a dream for many of foreigners, especially those has education background. In their effort to realize their “American Dream”, Armando Ibanez, undocumented worker in Los Angles and many others, struggle exploring different options, which help them, enter the U.S. and find a job there. According to Robert Rector, the majority of persons who enter the U.S. illegally or unlawfully overstay temporary visas do so for purposes of employment. While there are many ways to achieve this, however, there are still substantial numbers of illegal-workers in the U.S. Is there any way that helps their “American Dream” comes true without illegally staying?
I. My true story
I am Vietnamese and had a job offer from Zions First National Bank. I worked there for one year. After that, my visa got expired, I could not work anymore and had to go back to school in order to maintain my legal status in the U.S. that is called student visa, while looking for new work opportunities. At the beginning, I was so frustrated that I would pack all my stuffs up and went back my country. However, my friend advised me to go through all regulations for immigrations and I find the way to work legally in the U.S. now. I realize that without having knowledge of all type working visa, I will be struggle with myself on the way to find the right path to work legally in the U.S.
II. Statistic report from Department of Homeland Security
According to Krogstad, Passel and Cohn, who are senior writers/editors focusing on immigration at Pew Research Center, the United States Department of Homeland Security (USCIS) has estimated that U.S. illegal immigrants population was around 11 million in 2015, based on the fact that the number of unauthorized immigrants had stabilized in the last 5 years after decades of rapid growth (see Figure 1). It means that there are approximately 11 million people being working illegally in the U.S. (Krogstad, Passel, and Cohn, and Homeland Security).
Foreign nationals, who live in the United States, cannot work unless they have received explicit permission under the terms of their visa or other status, or have separately applied for and received a work permit. Therefore, all U.S. employers must, when hiring a new employee, request proof of their immigration status or right to work. Employers who violate this rule can face sanctions.
III. Who Qualifies for a Work Permit in the U.S.?
Everyone who wants to work in the U.S. for the specific time frame could qualify to have working permit in the U.S. They are called temporary workers. In addition, nonimmigrants, who enter the U.S. for a temporary period of time, are restricted to the activity or reason for which their nonimmigrant visa was issued. For instance, in the case that they have working permit for a certain company, they cannot change to others without noticing USCIS. They have to fill out the form I-179 right ahead of time to specify that they will change to new company, otherwise, they will be marked as out of stay status and will get deported as soon as USCIS find out (“Working in the U.S.”).
Foreigners wishing to work in the U.S. must first be issued a visa by an embassy or consulate. Based on USCIS database, there are dozens of different types of visas and variations thereof, but only seven are main keys:
1. H-1B: It is for a person who has a high education degree. It needs a company sponsors and has a limited number of visa issue per year.
2. H-1B1: This type of visa is the same as H-1B visa. However, this one is a Free Trade Agreement visa, only apply for Chile and Singapore. There is no cap for this type of visa.
3. H-2A: This visa is useful for people, who would like to have temporary or seasonal agricultural work in the U.S. It is limited to citizens or nationals of designated countries.
4. H-2B: This type of visa is the same as H-2A visa, except it uses for non-agriculture work. There is a limitation on number of people at designated countries.
5. H-3: It is perfectly fit with individuals, who undertake job-related training in the U.S. that is not available in their home country.
6. L: This visa facilitates the temporary transfer of foreign worker in the managerial, executive or specialized knowledge category to the U.S. to continue employment with an office of the same employer. There is no limitation on number of visa being issued per year.
7. O: It is for everyone who possesses extraordinary ability in the sciences, arts, education, business, or athletics. There is no cap on this visa (“Working in the U.S.”).
IV. How to apply for a Work Permit?
According to Illona Bray, an award-winning author and legal editor at Nolo, specializing in immigration law, “the application process for obtaining a U.S. work permit is fairly straightforward” (Bray). It means that outsiders need to fill out one-page form I-765, attach the fee amount of $380 as of 2016, photos and documents proving they are eligible, and send them to USCIS. There are two ways to submit application: either by mail or by “e-filling”. E-filling cans be convenient for payment and submit form I-765 online, however, applicants still need to mail their supporting documents (Bray)
Working in the United States of America is a dream for many of foreigners, especially those has education background. In their effort to realize their “American Dream”, Armando Ibanez, undocumented worker in Los Angles and many others, struggle exploring different options, which help them, enter the U.S. and find a job there. According to Robert Rector, the majority of persons who enter the U.S. illegally or unlawfully overstay temporary visas do so for purposes of employment. While there are many ways to achieve this, however, there are still substantial numbers of illegal-workers in the U.S. Is there any way that helps their “American Dream” comes true without illegally staying?
I. My true story
I am Vietnamese and had a job offer from Zions First National Bank. I worked there for one year. After that, my visa got expired, I could not work anymore and had to go back to school in order to maintain my legal status in the U.S. that is called student visa, while looking for new work opportunities. At the beginning, I was so frustrated that I would pack all my stuffs up and went back my country. However, my friend advised me to go through all regulations for immigrations and I find the way to work legally in the U.S. now. I realize that without having knowledge of all type working visa, I will be struggle with myself on the way to find the right path to work legally in the U.S.
II. Statistic report from Department of Homeland Security
According to Krogstad, Passel and Cohn, who are senior writers/editors focusing on immigration at Pew Research Center, the United States Department of Homeland Security (USCIS) has estimated that U.S. illegal immigrants population was around 11 million in 2015, based on the fact that the number of unauthorized immigrants had stabilized in the last 5 years after decades of rapid growth (see Figure 1). It means that there are approximately 11 million people being working illegally in the U.S. (Krogstad, Passel, and Cohn, and Homeland Security).
Foreign nationals, who live in the United States, cannot work unless they have received explicit permission under the terms of their visa or other status, or have separately applied for and received a work permit. Therefore, all U.S. employers must, when hiring a new employee, request proof of their immigration status or right to work. Employers who violate this rule can face sanctions.
III. Who Qualifies for a Work Permit in the U.S.?
Everyone who wants to work in the U.S. for the specific time frame could qualify to have working permit in the U.S. They are called temporary workers. In addition, nonimmigrants, who enter the U.S. for a temporary period of time, are restricted to the activity or reason for which their nonimmigrant visa was issued. For instance, in the case that they have working permit for a certain company, they cannot change to others without noticing USCIS. They have to fill out the form I-179 right ahead of time to specify that they will change to new company, otherwise, they will be marked as out of stay status and will get deported as soon as USCIS find out (“Working in the U.S.”).
Foreigners wishing to work in the U.S. must first be issued a visa by an embassy or consulate. Based on USCIS database, there are dozens of different types of visas and variations thereof, but only seven are main keys:
1. H-1B: It is for a person who has a high education degree. It needs a company sponsors and has a limited number of visa issue per year.
2. H-1B1: This type of visa is the same as H-1B visa. However, this one is a Free Trade Agreement visa, only apply for Chile and Singapore. There is no cap for this type of visa.
3. H-2A: This visa is useful for people, who would like to have temporary or seasonal agricultural work in the U.S. It is limited to citizens or nationals of designated countries.
4. H-2B: This type of visa is the same as H-2A visa, except it uses for non-agriculture work. There is a limitation on number of people at designated countries.
5. H-3: It is perfectly fit with individuals, who undertake job-related training in the U.S. that is not available in their home country.
6. L: This visa facilitates the temporary transfer of foreign worker in the managerial, executive or specialized knowledge category to the U.S. to continue employment with an office of the same employer. There is no limitation on number of visa being issued per year.
7. O: It is for everyone who possesses extraordinary ability in the sciences, arts, education, business, or athletics. There is no cap on this visa (“Working in the U.S.”).
IV. How to apply for a Work Permit?
According to Illona Bray, an award-winning author and legal editor at Nolo, specializing in immigration law, “the application process for obtaining a U.S. work permit is fairly straightforward” (Bray). It means that outsiders need to fill out one-page form I-765, attach the fee amount of $380 as of 2016, photos and documents proving they are eligible, and send them to USCIS. There are two ways to submit application: either by mail or by “e-filling”. E-filling cans be convenient for payment and submit form I-765 online, however, applicants still need to mail their supporting documents (Bray)
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V. Consequences if you overstay a U.S Visa
Working in the U.S. illegally can lead to disastrous results. That is because accruing unlawful presence in the U.S. can lead to an inadmissibility bar of several years long. With 180 days of unlawful presence, unauthorized immigrants can be barred from returning to the U.S. for three years; and with more than 365 continuous days but leaving prior any deportations, the time bar becomes ten years. In the case that they get deported from USCIS, permanently bared will be applied (“Working in the U.S.”).
Working in the U.S. illegally can lead to disastrous results. That is because accruing unlawful presence in the U.S. can lead to an inadmissibility bar of several years long. With 180 days of unlawful presence, unauthorized immigrants can be barred from returning to the U.S. for three years; and with more than 365 continuous days but leaving prior any deportations, the time bar becomes ten years. In the case that they get deported from USCIS, permanently bared will be applied (“Working in the U.S.”).
VI. Conclusion
Even though President Obama said his immigration plan is about “deporting felons, not families…”, millions live of illegal workers are still filled with uncertainty (Shaban). Armando Ibanez, undocumented worker in Los Angles is an example for that. He said “… knowing that’s not for sure makes me feel frustrated because my life can change any second… I think the price of the American dream is living afraid…” (Ibanez). Therefore, by deeply understanding the seven key visas above and their work abilities, foreign nationals can choose the most suitable visa that fit for them. As a result, they can live a better life in the U.S. without fearing that the U.S. authority will track down and deport them someday. In the worst scenario, they will never get back to the United States in order to fulfill their “American Dream”.
“Anyone can run away, it’s super easy. Facing problems and working through them, that’s what makes you strong” (Hogan).
Even though President Obama said his immigration plan is about “deporting felons, not families…”, millions live of illegal workers are still filled with uncertainty (Shaban). Armando Ibanez, undocumented worker in Los Angles is an example for that. He said “… knowing that’s not for sure makes me feel frustrated because my life can change any second… I think the price of the American dream is living afraid…” (Ibanez). Therefore, by deeply understanding the seven key visas above and their work abilities, foreign nationals can choose the most suitable visa that fit for them. As a result, they can live a better life in the U.S. without fearing that the U.S. authority will track down and deport them someday. In the worst scenario, they will never get back to the United States in order to fulfill their “American Dream”.
“Anyone can run away, it’s super easy. Facing problems and working through them, that’s what makes you strong” (Hogan).
Works Cited
2014 Yearbook of Immigration Statistics. Rep. Homeland Security, n.d. Web. 11 Oct. 2016.
Bray, Ilona. "How to Apply for a U.S. Work Permit (EAD)." AllLaw. N.p., n.d. Web. 11 Oct. 2016.
Estimated Unauthorized Immigrant Population in the U.S. Rises, Falls, Then Stabilizes. Digital image. Pew Research Center RSS. N.p., 20 Sept. 2016. Web. 11 Oct. 2016.
Hogan, Matt. "Anyone Can Run Away, It’s Super Easy. Facing Problems and Working through Them, That’s What Makes You Strong." MoveMe Quotes. N.p., 23 Aug. 2013. Web. 11 Oct. 2016.
Ibanez, Armando. Interview by Bigad Shaban. “You Have to Live in Fear”: Once Undocumented Immigrant’s Story. CBS News, 22 Nov. 2014. Web. 11 Oct. 2016.
Krogstad, Jens Manuel, Jeffrey S. Passel, and D’Vera Cohn. "5 Facts about Illegal Immigration in the U.S." Pew Research Center RSS. N.p., 20 Sept. 2016. Web. 11 Oct. 2016.
Rector, Robert. "Reducing Illegal Immigration Through Employment Verification,Enforcement, and Protection." The Heritage Foundation. N.p., 7 Oct. 2014. Web. 11 Oct. 2016.
Shaban, Bigad. ““You Have to Live in Fear”: Once Undocumented Immigrant’s Story”. CBSNews. CBS Interactive, 22 Nov. 2014. Web. 11 Oct. 2016.
"Working in the U.S." USCIS. N.p., n.d. Web. 11 Oct. 2016.
Working in the U.S. Illegally Can Lead to Disastrous Results. Digital image.CBSNews. CBS Interactive, 18 Aug. 2011. Web. 11 Oct. 2016.
2014 Yearbook of Immigration Statistics. Rep. Homeland Security, n.d. Web. 11 Oct. 2016.
Bray, Ilona. "How to Apply for a U.S. Work Permit (EAD)." AllLaw. N.p., n.d. Web. 11 Oct. 2016.
Estimated Unauthorized Immigrant Population in the U.S. Rises, Falls, Then Stabilizes. Digital image. Pew Research Center RSS. N.p., 20 Sept. 2016. Web. 11 Oct. 2016.
Hogan, Matt. "Anyone Can Run Away, It’s Super Easy. Facing Problems and Working through Them, That’s What Makes You Strong." MoveMe Quotes. N.p., 23 Aug. 2013. Web. 11 Oct. 2016.
Ibanez, Armando. Interview by Bigad Shaban. “You Have to Live in Fear”: Once Undocumented Immigrant’s Story. CBS News, 22 Nov. 2014. Web. 11 Oct. 2016.
Krogstad, Jens Manuel, Jeffrey S. Passel, and D’Vera Cohn. "5 Facts about Illegal Immigration in the U.S." Pew Research Center RSS. N.p., 20 Sept. 2016. Web. 11 Oct. 2016.
Rector, Robert. "Reducing Illegal Immigration Through Employment Verification,Enforcement, and Protection." The Heritage Foundation. N.p., 7 Oct. 2014. Web. 11 Oct. 2016.
Shaban, Bigad. ““You Have to Live in Fear”: Once Undocumented Immigrant’s Story”. CBSNews. CBS Interactive, 22 Nov. 2014. Web. 11 Oct. 2016.
"Working in the U.S." USCIS. N.p., n.d. Web. 11 Oct. 2016.
Working in the U.S. Illegally Can Lead to Disastrous Results. Digital image.CBSNews. CBS Interactive, 18 Aug. 2011. Web. 11 Oct. 2016.