Who Qualifies for a US Work Permit?

Foreign nationals will not be able to work in the US if they have not obtained a work permit from the government. Things are however simpler for those who have entered the country with a job visa. Usually corporate employees get these visas from their companies. However, if you do not have a work permit you can separately apply for one and this can much smoother with the assistance of an immigration lawyer.

What is a work permit?

A work permit is also known as an EAD or the employment authorization document. It is a photo identity card which resembles a driver’s license. All employers are required to verify this card before engaging someone as an employee in their organization. If an employer employs someone who has no work permit then the company will be subjected to sanctions, caution immigration lawyers. 

Who are not needed to apply for this work permit?

If you are a green card holder you will not need a work permit. Having a green card automatically entitles you work in the US where you can simply produce the green card to your employers.

Immigrants who become naturalized US citizens can show their passports as proof of their entitlement to gain employment.

If you are a foreign national holding any one of the work-based visas then you will not need a separate work permit. These visas are sponsored by US corporate employers and include H1B issued to specialty workers, L1 for intra-company transferees, and an E-3 visa is handed to Australians. E Treaty Trader visa is another document provided to investors who wish to have an operating base in the US.

Who is eligible for a work permit?

For the most part, the eligibility list is extensive. If you go through Form I-765 of the USCIS you will get a complete idea of the different categories of people who can apply for a permit. The law permits a large number of people who enter the country for various reasons with one of the major exceptions being individuals with a criminal record. Here is a list of a few important categories of people.

• Spouses of people holding a Green Card
• People who are granted temporary protected status i.e. TPS or are labeled as DED or Deferred Enforced Departure
• Students holding F-1 visas
• Asylees
• Spouses of various visa holders

Remember, this is list far from comprehensive. In addition, tourists as well as illegal immigrants have no right to seek work permit in the country. If you need more assistance on your eligibility for a work permit don’t hesitate to consult an immigration attorney.

Ways to apply for a work permit

Since the process involves a lot of documentation you can seek help from an immigration lawyer. You can download Form I-765 from the USCIS website, fill out the form and attach some of the relevant documents to prove you are eligible for a work permit. Then along with the photos and the processing fee submit it the USCIS by mail. Note that you will have to attach a money order or a demand draft of the fee if you mail the form in.

You can also e-file through the website in which case you can use your credit card for the payment. That is probably quicker and more reassuring since you know your submission went through – you do not normally know this with the post office/snail mail. 

This system is complicated. On top of that, if you make a mistake you may have to pay again and start over. The good news is that there is a fantastic website that can help you facilitate finding the legal help you certainly need to make your American dream a reality. It is: http://immigration.usattorneys.com/. The immigration bureaucrats will not inform you of this site but the Internet crosses borders as easy as birds and air molecules do.