Navigating Work Visa After Surrendering a U.S. Green Card

If you have voluntarily surrendered your U.S. Green Card, it means you are no longer entitled to live and work legally in the United States. This article will guide you on the path to obtaining new work authorization, specifically focusing on the options available to you regarding work visas.

Understanding Work Authorization Post-Green Card Surrender

By surrendering your Green Card, you are essentially giving up your legal rights to live and work in the United States permanently. After this action, you must find another way to legally work in the U.S., which typically involves applying for a work visa, alternatively known as a nonimmigrant visa. Your previous eligibility for the Green Card no longer applies, and you will need to meet new requirements for work authorization.

Work Visa Eligibility After Green Card Surrender

Whether a consular or embassy will grant you a work visa after you have surrendered your Green Card depends on several factors:

Initial Work Eligibility: Your eligibility for a work visa was evaluated based on your employer’s sponsorship. This initial qualification still holds some weight, but it is not the sole criterion. Personal Qualifications: You need to prove that you meet the specific criteria set by the U.S. Department of State and any relevant immigration laws. This includes your qualifications, professional skills, and necessary documentation. Intention to Return: The U.S. Department of State (DoS) will assess if you plan to return to your home country after your work assignment is completed. This can affect the likelihood of obtaining a work visa. Public Safety and Moral Character: You must demonstrate that you have no criminal record and are of good moral character. Violations such as dangerous activities or unauthorized re-entries to the U.S. could negatively impact your visa application.

Steps to Apply for a Work Visa

1. Identify the Right Visa Program: Depending on your nationality and profession, you can apply for different types of work visas. For example, H-1B visas for international students with post-completion practical training, H-1B1 visas for specific countries, or TN visas for professionals in NAFTA countries. Research which program suits your needs best.

2. Prepare the Necessary Documentation: Each type of visa has its set of required documents, including employment contracts, proof of professional qualifications, and government-issued identification. Consult the U.S. Department of State’s (link) official guidelines for a comprehensive list of documents and submission requirements.

3. Submit Your Application: You can usually apply for a work visa through the appropriate U.S. embassy or consulate in your home country. The process involves either an in-person interview or an online submission, depending on the visa type and the embassy’s procedures.

FAQs on Work Visa After Green Card Surrender

How long does it take to process a work visa after surrendering a Green Card? The processing time varies depending on the type of visa and the embassy you are applying to. It is advisable to apply well in advance of your intended travel date. Can I apply for a different type of visa if my employer sponsors me? Yes, depending on the employer's sponsorship, you might qualify for different types of work visas. However, you typically need to terminate your current sponsorship before applying for a new one. Is it possible to work while my work visa application is pending? No, it is illegal to work in the United States without the appropriate work authorization. Penalties include fines and potential deportation. It is best to refrain from working until your visa application is approved.

Conclusion

Surrendering your U.S. Green Card means seeking new work authorization through appropriate channels. By understanding the eligibility criteria, preparing the necessary documents, and adhering to the application process, you can navigate the complexities and ensure a smooth transition into a new work visa status.