Securing employment is a primary goal for many immigrants coming to the United States. However, to legally hold a job, non-citizens must have proper work authorization, such as an Employment Authorization Document (EAD), commonly known as a work permit.

In this guide, we'll delve into the necessity of a work permit, the application process, and essential information about obtaining and retaining work authorization as an immigrant.

Who needs a work permit?

Several categories of immigrants are required to obtain an EAD work permit before starting a job. These include asylum seekers, asylees with pending or approved cases, adjustment of status applicants waiting for a green card, dependents of certain visa holders like the L-2 spouse of an L-1 intracompany transferee, recipients of Temporary Protected Status (TPS), and Deferred Action for Childhood Arrivals (DACA) recipients. However, green card holders and individuals with work-authorized non-immigrant visas such as H-1B or TN do not need an additional permit to work.

How to apply

Applying for a work authorization card begins with the submission of Form I-765, Application for Employment Authorization, to USCIS, along with documentation of eligibility and the filing fee. Additionally, applicants may be required to undergo biometric screening where fingerprints and photos are taken. It is advisable to apply well in advance as obtaining approval can take several months.

What if you work without authorization?

It is illegal to work in the U.S. without proper work permission, and doing so can result in serious consequences such as deportation, bars on future immigration processes, or criminal penalties. Employers are also required by law to verify that all new hires are authorized to work. Obtaining valid work authorization as per your specific situation is crucial for legal employment and compliance with immigration regulations. Seeking guidance from an experienced advisor can help fully understand your options.

Renewing authorization

When renewing an expiring EAD, it is important to be strategic. USCIS recommends applying 180 days ahead of expiration to avoid gaps. It is advisable to renew early rather than risk a period without valid work permission. With careful planning and the right guidance, temporary work authorization can serve as a bridge for immigrants who are eligible to transition to permanent status over time. Following proper channels protects both the individual and the employer from legal risks. Planning can ensure continuous lawful ability to work in the United States.