IN SIMPLE TERMS, IT IS A PERMIT GIVEN BY THE UNITED STATES GOVERNMENT, WHICH ALLOWS NON-CITIZENS TO WORK LEGALLY IN THIS COUNTRY. HOWEVER, IT IS ONLY GRANTED TO THOSE WHO ARE ELIGIBLE ACCORDING TO THE VISA THAT ALLOWS THEM TO REMAIN IN THE COUNTRY.
The process of applying for employment authorization in the United States (also known as an Employment Authorization Document EAD) is relatively simple. First of all, if you are eligible, you must fill out the one-page form along with the respective fee, photos and other documents. The next step is to present it to the U.S. Citizenship and Immigration Services (USCIS immigration citizenship services).
Contrary to popular belief, employment authorization and work visa are completely different processes. Applying for a work visa in the United States, such as the H-1B, requires many more requirements.
You are qualified for a work permit if:
- You are the holder of a visa that gives you the option to work.
- You have been granted a Deferred Enforced Departure (DED), Temporary Protected Status (TPS), or protected by NACARA (Nicaraguan Adjustment and Central American Relief Act).
- You have a pending application for adjustment of status (green card).
- You are a student on an F-1 visa with economic difficulties or you are applying for Optional Practical Training (OPT) and you also meet all the requirements.
What does it mean to have a work permit in the United States?
Work permits, formally known as Employment Authorization Documents (EADs), are issued to aliens who do not have residency rights and who do NOT want to live permanently in the United States, but only to work for a certain period of time.
Difference between a work permit and a Legal Status.
Work permits, formally known as Employment Authorization Documents (EADs), are issued to aliens who do not have residency rights and who do NOT want to live permanently in the United States, but only to work for a certain period of time. Work permits can last from a few months to a whole year, and renewals are possible depending on many factors.
For example, someone entering the country on a fiancé(e) visa can apply for a short-term work permit until they marry and change their legal status. Those on religious worker visas can only apply for short-term work permits if they wish to work for pay in addition to the religious work they came to do.
A work permit is not specific to an employer, and allows you to legally work for any employer in the US and anywhere in the country. Some categories of people who require a work permit to work legally include spouses of exchange scholars and investors, students doing an optional internship, and executives with an L1 VISA.
What is a Legal Permanent Status?
A lawful permanent status is an immigration status for people authorized to live and work permanently in the United States. A work permit does not grant permanent legal status, nor does it open the door for that opportunity. There are two main ways to obtain permanent legal status: permanent residence and citizenship. People who require a work permit to work legally include spouses of exchange scholars and investors, students doing an optional internship, and executives with an L1 VISA.
Permanent resident
A Lawful Permanent Resident (LPR) is someone who has gone through the naturalization process and has become a lawful permanent resident of the United States. LPRs receive an Alien Registration that allows them to legally live and work in the US The alien registration card is popularly known as a green card (although it has come through many colors throughout its history).
In addition to granting the right to live and work in the United States, a person with a green card can request permission for their spouse and children to join them. However, it also comes with responsibilities, such as living in the country permanently and not spending more than 6 months at a time outside the country this could result in loss of green card and privileges.
Citizenship
Another way to obtain permanent legal status in the United States is citizenship, an immigration status that carries specific rights, duties, and benefits. Having permanent legal status like a green card opens up the opportunity to apply for citizenship, however, a work permit does not.
What happens if I work without permission in the United States?
Working in the United States without documentation is illegal. Anyone who works without a work permit would be exposing themselves to receive a sanction which can range from fines to being deported from the country.
You can be a beneficiary of a work permit if you apply in any of the following
immigration statuses:
- Asylum status granted or pending.
- People with approved humanitarian visa (U Visa, T Visa)
- Political refugees, their spouses and children
- Immigrants in the United States who are applying for Permanent Residence
- Visa students seeking a particular type of employment
- Spouses or minor children of exchange visitors
- Some foreign government officials
- Boyfriends and husbands of US citizens
- People with suspension or removal of deportation
- People with DACA
- People with VAWA
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