Employment authorization and work visas

Employment authorization is the legal permission that allows a foreign national to work in a particular country, while a work visa is a document or immigration classification that may allow the individual to enter or remain in that country for employment. Depending on the jurisdiction and immigration category, a person may need a work visa, separate work authorization or both.

Employers should confirm the requirements for the employee’s role, nationality, destination and proposed activities before work begins. Immigration counsel can help determine the appropriate path and identify any restrictions that may apply.

Available work visas for foreign national employees depend on the destination country, the employee’s qualifications, the position and the length and purpose of the assignment. In the United States, common employment-based immigration options include H-1B visas for specialty occupations, L-1 visas for intracompany transfers, O-1 visas for individuals with extraordinary ability, TN status for eligible Canadian and Mexican professionals and H-2 classifications for certain temporary workers.

A work visa lawyer can help an employer compare available routes and develop a strategy suited to the employee and business need.

The employment-based immigration process generally begins by evaluating the role, employee qualifications, location, timing and business need. Immigration counsel then identifies available options, explains employer obligations, prepares the required petition or application and coordinates government or consular processing where necessary.

The employer may also need to provide corporate and position documentation, monitor work authorization dates and report material changes during the employee’s assignment. Because requirements differ by country and immigration category, early planning can help employers select a viable path and reduce avoidable delays.