Atal Agarwal

Guide to U.S. Work Permits: Understanding Employment Authorization

A work permit, also known as an Employment Authorization Document (EAD), is proof that an immigrant or foreign national can legally work in the United States. U.S. Citizenship and Immigration Services (USCIS) issues EADs, which resemble a driver's license and can serve as a photo identification card.

Work permits differ from work visas. Work visas allow someone to live and work in the U.S., but are usually tied to a specific employer. U.S. employers typically apply for work visas, not workers themselves.

In contrast, a work permit allows you to work for any employer. With a valid work permit, you can change jobs without additional paperwork and still have legal permission to work in the United States. You must renew your work permit annually to keep it valid.

Even if you have permission to enter or stay in the U.S., you may not automatically have permission to work here. This requirement for work authorization applies even if you're in the process of adjusting your immigration status.

Not everyone needs a work permit to work in the United States. U.S. citizens, lawful permanent residents (green card holders), and those with employment visas like the H-1B don't need one. Remember, though, that work visas like the H-1B are tied to a single employer.

To get a work permit, you submit Form I-765: Application for Employment Authorization (https://www.uscis.gov/i-765). The timing of your application depends on your green card sponsor's status.

Only individuals with eligible immigrant status may receive an Employment Authorization Document. Eligible statuses include:

- Asylum seekers
- Refugees
- F-1 students seeking optional practical training
- J-2 visa holders
- K-1 fiancé visa holders

For a complete list of eligible statuses, see the Form I-765 instructions (https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf).

Applying for a work permit involves four main steps:

1. Prepare Form I-765
2. Prepare supporting documents
3. Pay the filing fee
4. File the application

The current filing fee is $410. Check the USCIS Fee Schedule (https://www.uscis.gov/forms/our-fees) for the most up-to-date information.

You can file Form I-765 online or by mail. If mailing, use the appropriate USCIS direct filing address (https://www.uscis.gov/i-765-addresses).

After submitting your application, USCIS typically takes 5-7 months to process it. You'll receive a receipt notice with a receipt number, which you can use to track your application's progress on the USCIS Case Status Online website (https://egov.uscis.gov/casestatus/landing.do).

Remember, you'll also need a Social Security Number (SSN) along with your work permit to legally work in the U.S. You can apply for an SSN simultaneously with your work permit application.

Before starting work, your employer will ask you to complete Form I-9, Employment Eligibility Verification. Your work permit and SSN serve as proof of your legal right to work in the U.S.

Working in the U.S. without proper authorization can have serious consequences, including deportation and bans on re-entering the country. Even working for a short time or "under the table" can result in these penalties.

For the most accurate and up-to-date information, always consult the official USCIS website (https://www.uscis.gov/) or speak with a qualified immigration attorney.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for advice specific to your situation.