Is it Possible for Someone on a B1/B2 Visitor Visa to Obtain an EAD Card?

Many international visitors seeking temporary work authorization in the United States find themselves confused about the possibilities and limitations of their visa status. Specifically, B1 and B2 visa holders often wonder if they can apply for an EAD card (Employment Authorization Document).

Understanding B1 and B2 Visas

The B1 visa is designed for individuals who are traveling to the United States for business purposes. Despite the name, B1 holders are not permitted to engage in any form of employment within the country. The B1 visa is typically issued to support business activities such as meetings, consultations, and conferences, but it does not confer the right to work for a U.S. employer.

Scope of B2 Visa

The B2 visa, also known as the tourist visa, allows travelers to visit the United States for leisure, medical reasons, or family visits. It is important to note that the B2 visa does not permit any form of work at all, either directly or indirectly. Activities covered under the B2 visa include:

Sightseeing in any U.S. state, including the District of Columbia, or U.S. territories like Puerto Rico Visiting friends and relatives Attending public or private events such as sports games or weddings Seeking medical treatment that is not available in the home country Enrolling in short courses to improve English proficiency (excluding diploma and degree programs) Participation in recreational or hobby activities, such as skiing lessons or cultural classes

Restrictions and Limitations

It's crucial to understand that both the B1 and B2 visas have strict limitations on work-related activities. You cannot use either visa to:

Work for a U.S. employer, regardless of whether the work is done remotely or physically within the U.S. Enroll in a diploma or degree program (even if the course is not part of a work training program) Engage in any form of employment, even if you are working on a project for your home country employer while in the U.S.

Seeking Work Authorization

If you are an international visitor working on a B1 or B2 visa and you need to work for a U.S. employer, you would need to apply for a different visa category that allows for work authorization. Common alternatives include:

H-1B visa for specialized workers L-1 visa for individuals transferring from abroad to work for a U.S. employer O-1 visa for individuals with extraordinary ability P-1 visa for individuals with extraordinary athletics or entertainers

Conclusion

In summary, B1 and B2 visa holders are not permitted to obtain an EAD card or engage in employment with a U.S. employer while in the U.S. on these types of visas. If you need to work in the United States, you will need to obtain a different visa category that explicitly allows for work authorization.

Understanding the differences between B1 and B2 visas, and the provisions of the EAD card, can help you navigate the complexities of U.S. immigration requirements more effectively. It's always advisable to seek professional guidance from a licensed immigration attorney to ensure compliance with U.S. immigration laws.