Benefit of H-1B Status vs. EAD
The benefit of being on H-1B status is that if the green card application gets rejected, the individual can still remain in the country legally and continue to work on her H-1B status. The advantage of EAD is that it can be renewed indefinitely as long as the green card application is pending.
Difference Between EAD and Green Card
An EAD allows the holder to work in the United States, it does not grant the holder any immigrant status in the United States and it is not the same as a Green Card. EADs are generally valid for a period of two years and at times EADs valid for a year are being issued by the USCIS.
Visas That Don’t Require Sponsorship
An EB-5 visa is for people who invest a substantial amount in American corporations. The person hoping to earn this type of visa must invest in the United States economy, and this investment should generate jobs for U.S. workers. Thus, this visa doesn’t require a job offer or a sponsorship.
Immigration Status and Hiring
A part of the Immigration and Nationality Act, found at 8 U.S.C. section 1324b, prohibits employers from discriminating against individuals based on their citizenship or immigration status, or their national origin, during the hiring, firing, recruiting, Form I-9, or E-Verify processes.
Legal Compliance on Visa Status Inquiry
Legal Compliance: When a candidate answer “yes” to both questions, the hiring unit is allowed to ask further questions about immigration status without risking liability or a discrimination charge.
Inquiry About Future Need for Visa Sponsorship
Will you in the future require sponsorship for employment visa status? It means if you require the employer you are applying at for a job to sponsor your H1b, now or in future in order to make you eligible to work for them. With this question, they can identify whether you are eligible to work for them without visa sponsorship or not.
Employer Questions on Immigration Status
May I ask applicants for citizenship or immigration status information? A. Generally, an employer may ask job applicants if they have the legal right to work in the United States and if they will need sponsorship for an employment visa.