Obtaining a U.S. work permit, also known as an Employment Authorization Document (EAD), is crucial for non-citizens who wish to work legally in the United States. The EAD grants temporary authorization to work and is typically valid for one year, although it can be renewed.
Who is Eligible for a U.S. Work Permit?
Several categories of non-citizens can apply for a U.S. work permit, including:
- Asylum Seekers and Refugees: Individuals who have been granted asylum or refugee status can apply for an EAD.
- Pending Adjustment of Status: Those who have applied for a green card and are waiting for a decision can apply for a work permit.
- Temporary Protected Status (TPS): The U.S. government designates certain countries for TPS, and nationals of those countries can apply for an EAD.
- Certain Nonimmigrant Visa Holders: Some nonimmigrant visa holders, such as those on F-1 (students), J-1 (exchange visitors), or L-2 (dependents of L-1 visa holders) visas, may be eligible for work authorization.
- DACA Recipients: Individuals who have been approved for Deferred Action for Childhood Arrivals (DACA) can apply for a work permit.
- Other Categories: There are several other categories, including those on humanitarian parole, U visa holders (victims of crime), and others who may also qualify.
The Application Process
Applying for a U.S. work permit involves several steps, and it’s essential to follow them carefully to ensure your application is processed without delays.
1. Determine Eligibility
First, confirm that you fall into one of the eligible categories. This is crucial as applying without eligibility will result in denial and potential loss of fees.
2. Complete Form I-765
The main form used to apply for a work permit is Form I-765, Application for Employment Authorization. You can download this form from the U.S. Citizenship and Immigration Services (USCIS) website.
Fill out the form accurately, providing all required information and supporting documents. Some key sections include your personal information, eligibility category, and previous immigration status details.
3. Gather Supporting Documents
Supporting documents vary depending on your eligibility category but generally include:
- A copy of your current passport
- A copy of your visa or other immigration status documents
- Two recent passport-sized photos
- Copies of previous EADs (if applicable)
- Any other documents specific to your category (e.g., proof of asylum status, marriage certificate for L-2 visa holders, etc.)
4. Pay the Filing Fee
As of the latest guidelines, the filing fee for Form I-765 is $410, though some categories may be exempt or require an additional biometric services fee. Check the USCIS website for the most up-to-date fee information and payment methods.
5. Submit Your Application
Once you’ve completed the form and gathered your documents, mail your application package to the appropriate USCIS address. The address depends on your eligibility category and current location, so be sure to check the USCIS website for the correct mailing address.
After Applying
1. Receipt Notice
After submitting your application, you will receive a receipt notice from USCIS. This notice confirms that your application has been received and is being processed.
2. Biometrics Appointment
Depending on your category, you may be required to attend a biometrics appointment, where USCIS will collect your fingerprints, photograph, and signature.
3. Processing Time
Processing times for EAD applications can vary widely, from a few months to over a year, depending on the eligibility category and USCIS workload. You can check current processing times on the USCIS website.
4. Approval and EAD Issuance
If your application is approved, you will receive your EAD card in the mail. This card is proof of your authorization to work in the U.S. and must be presented to your employer when you start a new job.
Your Guide to Successfully Applying for a U.S. Work Permit
By understanding the eligibility criteria, following the application process meticulously, and preparing for post-submission steps, you can increase your chances of a successful application. The work permit allows you to work and opens doors to new opportunities and experiences in the U.S.
Reach out to Maney | Gordon | Zeller, P.A. today at (800) 708-4399 to learn more.
