Employment Residency FAQs

2. How can I obtain a U.S. social security number?

You are eligible to apply for a work permit if you entered the United States with a visa that allows you to work (for example, K‑1, V‑1 visas, optional practical training, derivative beneficiaries of E, H, and L visas, etc.), or if you have a pending residency application, you are eligible to adjust status, and a visa is immediately available to you. The specific moment at which you may be eligible for the work permit depends on the particular circumstances of your entry into the United States, and you should consult with an attorney to identify whether you are eligible. You are not eligible to obtain a work permit if you are under a tourist or visitor visa.

To obtain the work permit, you must file an I‑765 application with the immigration service at a local office or at one of the Service Centers. Once this application is approved, you will receive the employment authorization card by mail. This process generally takes 3 to 4 months after the application has been filed and your eligibility has been established. You must have a legal basis to obtain the work permit.

3. What is an Individual Tax ID Number (ITIN), what are its benefits, and how do I get one?

An individual taxpayer identification number or ITIN is a number issued by the Internal Revenue Service (IRS) to collect taxes owed by a person who does not have a social security number. The benefit of using an individual taxpayer identification number or ITIN is that it provides an individual with a way to file and pay taxes, even if the income generated was reported under an invalid social security number. This may serve as evidence that the person has remained in the United States for a specific period of time to demonstrate eligibility for an immigration benefit such as cancellation of removal. The tax return may also be used to demonstrate work experience necessary to establish eligibility for an employment‑based residency or “green card,” as well as to provide evidence of the employer’s ability to pay the required wage when sponsoring an employee for residency.

To obtain an individual taxpayer identification number or ITIN, you must file the W‑7 application with the IRS along with the required evidence to prove identity, such as a copy of your passport. You will receive the ITIN number by mail in approximately 3–6 months.

4. Can my employer use my Tax ID number to pay my wages?

No, because by using this number, your employer becomes unable to make the mandatory social security contributions. The only way your employer can pay you using the ITIN number is if they hire you as an individual contractor and not as an employee. Even if your employer does not pay you using the ITIN number, you can use this number on your annual tax return.

5. How do I renew my work authorization card? How many months before it expires should I renew it?

To renew your work permit, you must file the I‑765 application with the Immigration Service, along with the application fees (these vary). You must apply 6 months before your work permit expires.

6. If I have an employment residency application pending, can I change employer and continue with my pending application, if the new employer is willing to sponsor me?

7. How can I declare taxes if I am getting paid in cash?

You can prepare your tax return by declaring the total amount you were paid during the fiscal year, without attaching the W‑2 form that is generally provided by the employer, and using the individual taxpayer identification number (ITIN) instead of the social security number (if you do not have a valid social security number). You will be responsible for paying all taxes you owe according to the law, since you have not paid them through payroll, and your employer likely did not withhold them from your check.

8. For an employment-based residency petition, what is the priority date that must be current for me to adjust status? Is it the one for my labor certification, or is it the one for the Form I-140?

Generally, it is the priority date of the labor certification. However, some visa categories do not require a labor certification. For example, the EB1 category for multinational managers does not require filing a labor certification application. In this case, the priority date would be the date on which the visa application was filed.

9. What is a labor certification?

Labor certification is the process through which the Department of Labor (DOL) verifies that there is no American citizen who is qualified and willing to perform the job that is being offered to a foreign worker. If there is no citizen qualified and willing to take the open position, the Department of Labor will certify this position, and this will allow USCIS to accept the immigrant visa application from an employer on behalf of a current or prospective foreign employee.

10. What is a prevailing wage?

The prevailing wage is the wage or salary that the State Employment Department estimates to be the average or most commonly paid wage by employers within the state for a specific position, based on the responsibilities of the position and the qualifications of the applicant.

11. How do I determine what employment-based residency visa category I qualify for?

An individual qualifies for a particular employment‑based visa category based on various characteristics, including the position offered, the training and education requirements for the position, the qualifications of the individual applicant, and the specific needs of employers in the United States. These categories, according to these characteristics, can be found in the Visa Bulletin.

12. How can US residency be lost?

There are several reasons why a person may lose their permanent residency in the United States. The most common include remaining outside the United States for a long period of time (more than 180 days), being convicted of a crime, providing false statements or incorrect information on immigration applications; in the case of conditional residents, not applying on time for the removal of the conditions on residency, failing to meet the requirements of conditional status, and violating certain immigration rules and regulations.