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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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Am I eligible for an EAD (Employment Authorization Document)

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Am I eligible for an EAD (Employment Authorization Document) also known as Form I-765 or any other option for receiving US work authorization. And which would be the best for me.

I am Mexican and live right on the border on the Mexican side and do not wish to live in the US, only be eligible for work as a teacher there. I would commute back and forth daily from Mexico to work. I have income in Mexico through reception of dividends of a Mexican Company of which I own 10%. I am also a member of the board and have income for my participation in that Mexican Company. I do not want either of these incomes to be taxed. I am also 10% owner of a US company in California. I have a Master's Degree and wish to pursue a PhD. I want to know if this situation aids me in finding a way to work in the US.
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Please remember that the law sometimes does not have a satisfactory solution for your issue; unfortunately, this is something I cannot control.

The only EAD for which you are eligible is OPT during your enrollment in school. So if your purpose for entering the US is to go to school and get your PhD., then you need to get a student visa, and can work for 20 hours a week on campus, or if you want to work off campus for more time than that, then you need to request OPT, which will get you an EAD.

But you can't just request EAD based on wanting to work in the US and traveling across the border. That is not possible. There is no status such as EAD. You have to have some other reason for being in the US, in order to qualify for EAD, and it is only available under limited circumstances.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

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Customer: replied 3 years ago.

Thanks. How about the real estate company I partially own in the US? Or other options that I may have considering my particular case?


 

What is the primary purpose of your coming to the US? That is how we should start.
Customer: replied 3 years ago.

Work. Non resident employment. But I can enroll in school, as you say and apply for the OPT to get an EAD. Just want to know if there is another way.

Carlos,

Then you need an employment based visa to be able to work and earn an income in the US.

And you want to work in a teacher capacity? Or real estate? Is that why you asked about EAD rather than an employmentbased visa?
Customer: replied 3 years ago.

I want to work as a teacher. But want to know all available options. See if my particulars can help me get the foot in the door. Perhaps a TN through my company could make me eligible for other work as well, and not make the employer sponsor my visa.

A TN visa is an employer sponsored visa. And you can only work for that specific employer.

The only way I can help you is if I have specific information about what it is you actually want to do. I am not allowed to give you advice or direction. That is for your attorney to do with you, after a consultation. I am only allowed to answer specific questions.

If you want to teach, in what capacity? What grade, etc?
Customer: replied 3 years ago.

Elementary or High School. I am currently at University level in Mexico. My finances are good due to my companies, but I want to continue teaching. I would reside in Mexico. I am currently in the process of evaluating my transcripts to begin my teaching credential process in CA.

Carlos,

Ok, so a TN visa will not work. You have to have been employed by the TN employer in your home country, which obviously is not the case.

In order to be able to work as a grade school teacher, you'll have to have the school district sponsor you for an employment based visa. The appropriate visa is the H1B visa, which large school districts are familiar with. The only problem is, at this time, there are no H1B visa variable for fiscal year 2014 because the quota already has been met. This means your employer will have to file a petition for H1B in April 2014, for a start date of October 1, 2014.

Here is information on the H1B visa: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD. Contact the school district in which you want to work to find out their policies and procedures for sponsoring a foreign worker for an H1B visa.

I hope I have answered your questions. Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. Again, if you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Remember that the bottom two negative ratings are used for Experts or professionals who are rude and/or bad at their job, and I'm confident you'll find me to be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!