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Work Permits

Information on employment authorization documents (EAD) required for non-citizens to work legally in the United States.

Sections

1. What is a Work Permit in the U.S.?

A Work Permit, officially known as an Employment Authorization Document (EAD), is a document issued by the U.S. Citizenship and Immigration Services (USCIS) that allows certain non-citizens to legally work in the United States. It is typically issued to individuals who are in the U.S. on a visa or immigration status that does not automatically grant work authorization.

2. Who Needs a Work Permit?

Not everyone needs a Work Permit to work in the U.S. The need for a Work Permit depends on your immigration status. Below are some common categories of individuals who may require a Work Permit:

Individuals Who Need a Work Permit:

  • Asylum seekers and refugees.
  • Individuals with Temporary Protected Status (TPS).
  • Spouses of certain visa holders (e.g., H-4 visa holders married to H-1B workers, L-2 visa holders married to L-1 workers).
  • DACA (Deferred Action for Childhood Arrivals) recipients.
  • Adjustment of Status applicants (those applying for a Green Card).
  • Certain students on F-1 visas (e.g., those seeking Optional Practical Training or Severe Economic Hardship work authorization).

Individuals Who Do Not Need a Work Permit:

  • U.S. citizens.
  • Lawful Permanent Residents (Green Card holders).
  • Certain visa holders whose visa status inherently allows them to work (e.g., H-1B, L-1, O-1, or E-2 visa holders).

3. National Regulations Governing Work Permits

The issuance of Work Permits is governed by U.S. immigration law, specifically the Immigration and Nationality Act (INA). The USCIS is the federal agency responsible for processing Work Permit applications.

Key Regulations:

  • Work Permits are typically valid for one year and must be renewed if the individual remains eligible.
  • Applicants must have a valid immigration status or pending application that qualifies them for work authorization.
  • Unauthorized employment in the U.S. can have serious consequences, including denial of future immigration benefits or removal from the country.

4. Standard Procedures for Obtaining a Work Permit

The process for obtaining a Work Permit involves several steps. Below is a detailed breakdown:

Step 1: Determine Eligibility

  • Confirm that your immigration status or pending application qualifies you for a Work Permit. Refer to the USCIS website or consult an immigration attorney if unsure.

Step 2: Complete Form I-765

  • The application for a Work Permit is made using Form I-765, Application for Employment Authorization.
  • You can download the form from the USCIS website (https://www.uscis.gov/i-765).

Step 3: Gather Required Documents

You will need to submit supporting documentation with your application. Commonly required documents include:

  • A copy of your current immigration status document (e.g., visa, I-94 record, or pending application receipt notice).
  • A copy of a government-issued photo ID (e.g., passport).
  • Two recent passport-style photos.
  • Evidence of eligibility for a Work Permit (e.g., proof of pending asylum application, TPS approval notice, or DACA approval notice).

Step 4: Pay the Filing Fee

  • The standard filing fee for Form I-765 is $410.
  • If biometrics (fingerprinting) are required, there is an additional $85 biometrics fee, bringing the total to $495.
  • Certain applicants (e.g., asylum seekers, DACA recipients, or individuals with financial hardship) may qualify for a fee waiver by submitting Form I-912, Request for Fee Waiver.

Step 5: Submit the Application

  • Mail your completed Form I-765, supporting documents, and payment to the appropriate USCIS address. The address depends on your eligibility category and where you live. Check the USCIS website for the correct filing location.

Step 6: Wait for Processing

  • USCIS will send you a receipt notice (Form I-797) confirming they have received your application.
  • Processing times vary but typically range from 2 to 6 months, depending on the category and workload at USCIS.

Step 7: Receive Your Work Permit

  • If approved, USCIS will mail your Employment Authorization Document (EAD) to the address you provided on Form I-765.

5. Costs Associated with Work Permits

Here is a summary of the costs involved in applying for a Work Permit:

  • Filing Fee: $410
  • Biometrics Fee (if applicable): $85
  • Total Cost: $495 (if biometrics are required)
  • Fee Waivers: Available for certain applicants (e.g., asylum seekers, individuals with financial hardship).

6. Renewing or Replacing a Work Permit

If your Work Permit is about to expire or has been lost, stolen, or damaged, you can apply for a renewal or replacement.

Renewal Process:

  • File Form I-765 again, selecting the "Renewal" option.
  • Submit the application at least 90 days before your current EAD expires to avoid a gap in work authorization.

Replacement Process:

  • File Form I-765, selecting the "Replacement" option.
  • Provide evidence of the lost, stolen, or damaged EAD.

7. Important Country-Specific Considerations

When applying for a Work Permit in the U.S., keep the following considerations in mind:

Work Authorization is Employer-Specific for Some Visas

  • If you are on a visa like H-1B or L-1, your work authorization is tied to a specific employer. You do not need a separate Work Permit, but you cannot work for a different employer without transferring your visa.

Social Security Number (SSN)

  • If you are approved for a Work Permit and do not already have a Social Security Number (SSN), you can request one on Form I-765. USCIS will coordinate with the Social Security Administration to issue your SSN.

Unauthorized Employment

  • Working without proper authorization can have serious consequences, including denial of future immigration benefits or removal from the U.S. Always ensure you have the proper documentation before starting work.

Processing Delays

  • USCIS processing times can vary significantly. If your application is delayed beyond normal processing times, you can submit a case inquiry through the USCIS website or contact the USCIS Contact Center.

Travel Considerations

  • A Work Permit does not grant you permission to re-enter the U.S. after traveling abroad. If you plan to travel, you may need to apply for Advance Parole (Form I-131) in addition to your Work Permit.

8. Resources for Assistance

  • USCIS Website: The official source for Work Permit information, forms, and filing instructions (https://www.uscis.gov).
  • Immigration Attorneys: Consider consulting an immigration attorney for personalized guidance.
  • Nonprofit Organizations: Many nonprofit organizations, such as Catholic Charities or the International Rescue Committee, offer free or low-cost immigration assistance.

9. Summary Checklist for Work Permit Application

  1. Confirm eligibility for a Work Permit.
  2. Complete Form I-765.
  3. Gather required supporting documents.
  4. Pay the filing fee (or request a fee waiver).
  5. Submit the application to the correct USCIS address.
  6. Wait for processing and monitor your case status.
  7. Receive your Work Permit and begin working legally.

If you have any specific questions or need further clarification, feel free to ask!