To join the workforce, you must be legally authorized to work in the United States and provide an employer with documentation proving your legal work status. If you aren’t legally allowed to work in the U.S., you risk potential deportation and denial of future work permits or visas.
The work authorization process can be intimidating, and knowing what paperwork to provide to each agency can be confusing. An immigration attorney can help you learn how to get work authorization in the U.S.
Understanding Visas and Work Permits
For most non-citizens, applying for an employment authorization document (EAD) is the first step in securing a work permit. Depending on your circumstances, you may also need a work visa to stay in the country legally. Work permits offer a more extended, flexible solution for non-citizens living and working in the U.S. Here’s a closer look at the differences:
Work Visa
- Typically, you need to apply before entering the U.S.
- Usually connected to a single employer
- Valid for short periods
- Can be issued by an embassy or consulate as a document or stamp on your passport
Work Permit
- May apply while already in the U.S. in many cases
- Is not connected to a single employer
- Valid for longer periods
- Issued by S. Citizenship and Immigration Services (USCIS) as a card or document
Eligibility Criteria for Work Authorization
The first step in entering the U.S. workforce is determining your eligibility for work authorization. USCIS grants work authorization based on your immigration status, including:
- Green Card Holders – Lawful Permanent Residents (LPRs), or green card holders, are automatically authorized to work in the U.S.
- Nonimmigrant Visa Holders – Certain categories, such as H-1B and L visas, have built-in work authorizations, so you don’t need to apply for an EAD. If neither visa category applies to you, you must apply for an EAD. Typical examples include F-1 student visa holders seeking off-campus employment.
- Refugees and Asylees – After a certain period, individuals granted asylum or refugee status may be eligible for work authorization.
- Other Categories – USCIS offers work authorization for certain dependent family members, victims of human trafficking, and different specific situations.
Application for Employment Authorization Document
If your visa category requires an EAD, you must apply and receive approval before you can legally work in the U.S. Here’s a quick look at the process:
- Complete the Form – You must complete Form I-765 (Application for Employment Authorization). The USCIS has instructions, but you might wish to consult an immigration attorney to ensure accuracy.
- Add Supporting Documentation – The required documents vary depending on your eligibility category. Standard documents include proof of immigration status and passport-sized photos.
- Pay the Fee – You must pay the filing fee for your EAD when you apply. Keep proof of payment with your paperwork for future reference.
Processing your EAD application depends on the number of applicants and the agency’s work capacity. Once USCIS receives it, they send you a receipt notice with a case number. You can use this number to track your application status.
Your EAD stays active for up to two years, so keep track of your expiration date to avoid gaps in employment documentation.
Work Authorization Process and Documentation Required
The work authorization process depends on your eligibility category. You can show employers documents demonstrating your legal ability to work in the country.
Keep these documents organized and readily available to make the onboarding process more manageable once you secure employment. For further information on qualifying documentation, visit the USCIS’s website.
Here’s a general overview of the process:
- For Green Card Holders – No application or documentation is required since your green card serves as proof of work authorization.
- For Nonimmigrant Visa Holders with Work Authorization – Your visa category likely allows you to work for a specific employer or within a particular field. You’ll need to present your visa and any employer-specific documents (like an H-1B petition) as proof of authorization.
- For Individuals Applying for an EAD – Once USCIS approves your EAD application, you’ll receive an EAD card. This card is your official proof of work authorization for prospective employers.
Contact a Texas Immigration Attorney Today
Obtaining legal permission to work in the U.S. can feel overwhelming. At the Law Office of William Jang, PLLC, we help immigrants join the workforce and start their careers daily. We can help you with your forms and application, meet essential deadlines, and avoid unnecessary delays.
The sooner you call, the sooner we can help, and you can start working. Call us at (512) 323-2333 today.
