USA Work Permit Application Explained

What is an EAD?

An Employment Authorization Document (EAD), commonly known as a work permit or employment authorization card, is a document issued by the U.S. Citizenship and Immigration Services (USCIS) that grants temporary permission to foreign nationals to work in the United States. It serves as proof that the individual has the legal right to work in the country.

EADs are typically required for immigrants living in the United States who are authorized to work, as well as certain categories of foreign nationals who want to come to the United States for employment purposes. These categories may include individuals seeking temporary employment-based visas, refugees, asylees, students on Optional Practical Training (OPT), and dependents of certain visa holders.

The EAD is a photo identification card that contains important information such as the individual’s name, photograph, alien registration number (A-number), date of birth, and the dates of validity for employment authorization. The card’s appearance may resemble a driver’s license or a similar form of identification.

To obtain an EAD, eligible individuals must submit an application to USCIS along with the necessary supporting documentation and fees. The application process may vary depending on the individual’s immigration status or the specific category under which they are seeking employment authorization.

It’s important to note that an EAD does not grant permanent residency or citizenship. It only provides temporary work authorization within the specified dates of validity. Individuals must renew their EADs before they expire if they wish to continue working legally in the United States.

Difference between Work Visa and Work Permit

The main difference between a work permit and a work visa lies in their scope and flexibility:

Work Visa: A work visa is a specific type of visa that allows an individual to enter the United States for the purpose of employment. It is typically tied to a specific employer who sponsors the individual for the visa. The employer applies for the work visa on behalf of the employee, and the visa is valid for as long as the individual continues working for that particular employer. If the individual wants to change employers, they would need to obtain a new work visa sponsored by the new employer. Work visas are often categorized based on different employment-based visa categories, such as H-1B, L-1, or O-1 visas.

Work Permit (Employment Authorization Document – EAD): A work permit, also known as an Employment Authorization Document (EAD), is a document issued by the U.S. Citizenship and Immigration Services (USCIS) that grants temporary permission to work in the United States. Unlike a work visa, a work permit is not tied to a specific employer. Once an individual obtains a work permit, they can work for any employer in the United States as long as they have a valid immigration status that allows employment. Work permits are often obtained by individuals who already have legal immigration status in the U.S., such as certain visa holders, refugees, or asylees.

Is it necessary I have a work permit before I can walk?

Working in the United States without a valid work permit or employment authorization card is illegal and can have serious consequences. Here are some potential outcomes if you work without a work permit:

Risk of Deportation: If you are caught working without authorization, the government may initiate deportation proceedings against you. This can result in being removed from the United States and being barred from reentering for a certain period of time.

Ineligibility for Future Immigration Benefits: Working without a work permit can have long-term consequences for your immigration status. It can make it much more difficult to obtain temporary or permanent status in the future. Immigration authorities may view your unauthorized work as a violation of immigration laws, which can negatively impact your eligibility for other visas or immigration benefits.

Visa Application Rejection: If you are working without authorization on a non-work visa, such as a visitor visa, and later apply for a different visa category, such as a student visa, the U.S. Department of State may deny your application. Working without authorization raises concerns about your compliance with immigration laws and can lead to visa application rejections.

Limited Employment Opportunities: Without a valid work permit, you are restricted from legally working in the United States. This means that you may be limited to under-the-table or informal employment, which can further complicate your immigration situation and put you at risk.

Legal Consequences for Employers: Employers who knowingly hire individuals without proper work authorization can also face penalties and legal consequences. Employers are required to verify the employment eligibility of their employees by completing Form I-9, and hiring unauthorized workers can result in fines and other penalties for the employer.

It is essential to follow the immigration laws and regulations of the United States and obtain the necessary work authorization before engaging in employment. Applying for a work permit through the appropriate channels is the proper way to work legally in the country and avoid potential immigration and legal issues.

Who can Apply for a Work Permit?

There are various categories of immigrants who may be eligible to apply for a work permit (Employment Authorization Document – EAD) from U.S. Citizenship and Immigration Services (USCIS). Here is a list of some common categories of individuals who may be eligible:

Deferred Action for Childhood Arrivals (DACA) Recipients: Individuals who have been granted DACA status and have a valid Employment Authorization Document (EAD) can legally work in the United States.

K-1 Fiancé(e) Visa Holders: Those who enter the United States on a K-1 visa as a fiancé(e) of a U.S. citizen can apply for a work permit while their adjustment of status application is pending.

Asylees and Refugees: Individuals granted asylum or refugee status are eligible to work in the United States and can apply for a work permit.

Adjustment of Status Applicants: Foreign nationals who have applied for adjustment of status (Green Card) and have a pending application with USCIS may be eligible to apply for a work permit.

Immigrants with Extraordinary Abilities: Individuals with extraordinary abilities in fields such as sciences, arts, education, business, or athletics may be eligible for a work permit based on their exceptional qualifications.

Spouses of Certain Visa Holders: Spouses of certain visa holders, such as H-1B, L-1, E-1, E-2, or O-1 visa holders, may be eligible for a work permit through the Spouse Employment Authorization provisions.

Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) Beneficiaries: Individuals from countries designated for TPS or granted DED status may be eligible for a work permit during the designated period.

Exchange Visitors: Certain exchange visitors, such as J-1 visa holders subject to the two-year foreign residency requirement, may be eligible to apply for a work permit in specific circumstances.

Approved Temporary Workers: Individuals with approved temporary worker visa categories, such as H-1B, H-2A, H-2B, or O-1 visa holders, can work for their authorized employers in the United States.

F-1 Students Experiencing Financial Hardship: F-1 students who are experiencing severe economic hardship and meet specific criteria may be eligible to apply for Optional Practical Training (OPT) employment authorization.

Steps to apply for a Work Permit

Step 1: Apply for an Immigration Status That Allows You to Work

To apply for a work permit, you must first have an immigration status that allows you to work in the United States. If you already have such a status or are in the process of applying for it, you can proceed to Step 2. There are several types of immigration statuses that may make you eligible for a work permit, including but not limited to:

Refugees and Asylees: Individuals who have been granted refugee or asylee status.
Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) Beneficiaries: Individuals from countries designated for TPS or granted DED status.
Adjustment of Status Applicants: Individuals who have applied for adjustment of status (Green Card) and have a pending application.
Fiancé(e) Visa Holders: Individuals who entered the United States on a K-1 fiancé(e) visa and are in the process of adjusting their status.
Students: Students with certain visa categories, such as F-1, may be eligible for Optional Practical Training (OPT) employment authorization.

Step 2: Prepare the Required Documents

Once you have determined that you have an eligible immigration status, you need to gather the necessary documents for your work permit application. The specific documents required may vary based on your immigration status, but commonly required documents include:

Completed Form I-765, Application for Employment Authorization.
Supporting documentation, such as a copy of your immigration status document, passport, and any other relevant identification documents.
Proof of eligibility, such as a copy of your approval notice or documentation demonstrating your qualifying status.

Step 3: Complete Form I-765

Form I-765 is the official application form for an Employment Authorization Document (EAD). It is available for download on the USCIS website. Fill out the form accurately and completely, providing all the necessary information as per the instructions.

Additional documents that may be required when applying for a work permit (Employment Authorization Document – EAD) include:

Copy of Passport Photo Page: A clear copy of the photo page of your passport, which contains your personal information and photo.

Copy of Current U.S. Visa: If you are already in the United States and have a valid U.S. visa, include a copy of your visa page from your passport.

Copy of Form I-94 Travel Record: Provide a copy of your original Form I-94 travel record, both the front and back sides, or a printout of your electronic I-94 obtained from the U.S. Customs and Border Protection (CBP) website. The I-94 records your entry into the United States and is important for verifying your current immigration status.

Copies of Previous Work Permits: If you have had previous work permits or Employment Authorization Documents, include copies of the front and back sides of those permits.

Passport-Style Photos: Include two recent passport-style photos of yourself, measuring 2 inches by 2 inches. Write your full name and Alien Registration Number (if applicable) on the back of each photo using a pencil or felt-tip pen.

Receipt Notice (For Certain Cases): If you are applying for a work permit after submitting your immigrant visa application, include a copy of the receipt notice you received from the U.S. government. This applies if you are applying for a work permit after a specific period of time from the submission of your immigrant visa application, such as in the case of an asylum application.

Identification Documents (For First-Time Applicants): If you have never had a work permit before, you will need to submit additional identification documents. This can include a copy of your birth certificate from your home country along with a copy of your photo ID. Alternatively, you can provide a copy of a visa issued by a consulate of a country other than the United States or any other national identity document that contains your photo or fingerprint.

Remember to review the specific instructions provided by USCIS for the Form I-765 application to ensure you include all the necessary documents and information required for your particular circumstances.

Step 4: Pay the Required Fees

As part of the work permit application process, you will need to pay the appropriate fees. The fee amount may vary, so make sure to check the USCIS website or the instructions provided with the application form for the most up-to-date fee information. USCIS charges a $410 fee to process most I-765 forms. You can usually pay the fees by check or money order made payable to the U.S. Department of Homeland Security.

Step 5: Submit Your Application

After completing the form, gathering the required documents, and paying the fees, you can submit your application package to USCIS. Make sure to include all the necessary forms, supporting documents, and fees. You can mail your application to the appropriate USCIS lockbox facility as indicated in the instructions for Form I-765.

It’s important to keep copies of all the documents and forms you submit for your records. USCIS will process your application, and if approved, you will receive your work permit (EAD) by mail. The processing time can vary, so it’s advisable to check the USCIS website for current processing times or contact USCIS directly for any inquiries regarding your application.

What is the processing time for a Work permit?

The processing time for a work permit (Employment Authorization Document – EAD) can vary depending on various factors, including the current workload of USCIS and the type of application being processed. Generally, it can take between 2 to 7 months to receive a work permit. However, it’s important to note that processing times are subject to change, and USCIS provides estimated processing times on their website for reference.

After submitting your work permit application, USCIS will send you a receipt notice, typically within 2 to 3 weeks. The receipt notice will contain a receipt number that you can use to track the status of your application online through the USCIS Case Status Online portal.

It’s advisable to regularly check the USCIS website or contact USCIS directly for the most up-to-date processing times and any specific updates or changes related to work permit applications.