If you are looking for work in the United States then before thinking much apply for the Employment Authorization document. To apply for the work permit and know more about the EAD or work permit. Keep on reading.
However, if you want to go for the abroad trip for more than a year and wish to retain the US residence then you should apply for the re-entry pass USCIS.
What is an Employment Authorization Document (EAD)?
Several people are residing in the United States, and some are willing to visit the United States to get employed in the United States-based company. But they are not liable to work until they have got permission from the US government.
The permission by the United States government means you have to apply for the work authorization document that acts as permission that you are liable to work in the United States. EAD is also known as work permits.
The USCIS issues a work permit or EAD to the people willing to work in the United States. This work permit card is similar to the driving license card.
Who is eligible for a Work Permit?
Several immigrants can request the work permit from the USCIS to start working in the United States. Mentioned below are some of the detailed eligibility criteria set by the USCIS to apply for the work permit. In addition, some of the eligibility criteria are mentioned below:
- DACA recipients are eligible to apply for the work permit
- The immigrants holding the K-1 fiancé visa are eligible to apply for their work permit.
- The applicant whose application for green card is pending can request the work permit.
- People with extraordinary abilities are eligible.
- Spouses of few visa holders are also eligible.
- Those immigrants having the Temporary Protected Status (TPS) or Deferred Enforced Departure (DED)
The above-given eligibility criteria are enough to get you eligible to apply for the work permit issued by USCIS.
Who isn’t eligible for a Work Permit?
- As mentioned, the eligibility criteria of the work permit is very straightforward.
- If you are liable to apply for the immigration status that enables you to work in the United States, you can obtain the work permit.
- If you are not eligible or do not qualify for getting the immigration status, then, unfortunately, you are not eligible to obtain the work permit.
- Tourists visiting the US as B-1 visa holders and undocumented immigrants who didn’t submit their documents are not granted to apply for work permits. USCIS does not provide work permit to those peoples, and also it is not legal for US employers to hire those employees.
Even after being a B-1 visa holder or undocumented immigrant, you are still willing to work in the United States. However, it’s better to consult a lawyer or a legal aid clinic before proceeding with the work.
It might happen that you get eligible to any of the statuses that enables you to get a Work permit since without getting a work permit, you cannot get any status.
How to apply for a Work Permit (in 5 easy steps)
After reading the eligibility criteria, when you are aware that you are eligible to apply for the work permit, the next thing you need to do is apply for the work permit in a few easy steps. Listed below are some of the five easy steps following which you can apply for the work permit:
Step 1 – Apply for an immigration status that will allow you to work
The very first step in the work permit application process is that you are required to apply for the immigration status that allows you to work in the United States. If you already applied for this type of immigration status, your application for the immigration status is pending. Then the step is not for you to move on to the next step.
Step 2 – Prepare Form I-765
After that, in the next step to apply for the work permit, you are required to file the USCIS form I-765, application for employment authorization.
You don’t have to stress much about filing the application form I-765. In this application form, you will only be asked to fill up some personal information and the information related to which you are eligible to apply.
There are some of the questions that you need to answer while filling the work permit applications.
Question 22 – you are required to mention your most recent visit to the United States, no matter you lived in the US for few years or few days. “Manner of entry” is defined as the visa you used to visit the United States after your last trip abroad.
Question 27: You are required to select the correct code for the reason you are qualified to work in the United States. In the work permit application form I-765 instructions, you can easily find these codes. Most common ones are (c)(3)(C), this code is for the students who are undergoing OPT, (c)(5), this code is for the spouses of the J-1 visa holders,
(a)(12), it for the candidates applying for the temporary protected status (TPS), (c)(9), this code is for the immigrants who are willing to apply or have already applied for the green card and (a)(5) for Asylees.
These are the above-given codes from which you need to select the one for which you are eligible.
Step 3: Prepare your supporting documents.
The next step is to prepare and submit the supporting documents along with the application form I-765 to receive the work permit:
- You are required to submit the photocopy of your passport photo page.
- You also need to attach the photocopy of your present US visa only if you are in the United States. You are US Visa will almost be available in your passport.
- You are also required to submit the photocopy of your original valid form I-94 travel record (both front and back), or you can also submit the printout of your electronic I-94 of your last visit to the United States. You can easily find your electronic I-94 online.
- A photocopy of your front and backside of any of your recently issued work permit
- Two by two passport size photo that was taken in recent one or two months ( mention your full name along with the alien registration number at the back with the pencil or pen)
- Another supporting document that you are required to submit with your application form I-765 is the copy of your receipt notice that you obtain from the USCIS after your Visa application was accepted. You only have to provide this document if you request a work permit after submitting your immigration visa application. However, if you are looking to apply for permanent residence along with your work permit, then you are not required to include the receipt notice with your application.
If you have never applied for the work permit in the past, then you are required to submit some of the additional supporting documents with the Form I-765:
- A photocopy of your photo ID and a copy of your valid birth certificate from your home country
- Also, you are required to submit the photocopy of the visa that you obtained from the country’s consulate except for the United States.
- A photocopy of some other national ID documents with your recent photographs and registered fingerprint.
Ensure that all the documents that you submit should be English and if it’s not, then choosing to hire certified uscis translation service is a perfect choice.
Step 4 – Pay the filing fee
The application fee for Form I-765 is $410. In case you are a DACA recipient, then you will also be required to pay the additional $85 biometrics fee. The given fee is not fixed; it might change from time to time, so it’s better to update yourself about the final USCIS’s fee by visiting the USCIS website before filing the application form.
Moreover, several applicants are still not required to pay the fee while filling the form I-765. For example, applicants applying for the adjusted status to a green card do not require paying the I-761 application filing fee.
You have three option to pay your application fee either you can pay by money order, cashier’s check made in favor of United States Department of Homeland security or personal check. Moreover, if you are filing the application form through the USCIS local box facility, you have the option to pay your application fee through credit card or debit card by submitting Form G-1450, Authorization for Credit Card Transactions, along with your filing form I-765. However, the service centre does not accept payment through credit card.
Step 5 – Submit Your Work Permit application
After you have completed filling your application form I-765, attached your supporting documents and done with paying the application fee, so now the final step is to submit your application form to the USCIS for a work permit. It is suggested to include the cover letter along with your forms and all other documents is a better idea as with this government will determine what they are obtaining from you. It is not mandatory to submit your cover letter. Your cover letter template work as a guide.
You cannot file the application form I-765 through the mail. This means that if you are filing the application for an Immigration status such as a green card, you usually file your application through the mail. The address where you have to send the application depends on the country where you are physically present, where you wish to schedule the Visa interview, file the application form I-765 and the mail carrier you are using to submit the application. Always ensure to properly check the USCIS mailing address so that your application reaches the right location.
Always remember you are required to submit the photocopy of every document in your packet along with the checks prior to sending it to the USCIS.
To avoid any mistake in the documents translation you should hire a official translator USCIS.
What is the difference between a Work Permit and a Work Visa?
Several applicants get confused between the difference of employment authorization document and the work visa, so if you are unaware of the difference between the two, refer to the below-mentioned difference:
A work visa is the type of visa that allows you to reside in the United States and work only for a particular employer, and the validity of the visa will be till you work for the particular employer. Moreover, you can only work for the specific employer in the United States. You are not allowed to quit working for that employer and start working for some other employer. In order to quit working for your employer and work for anyone else, you will require applying for some other immigration status.
Whereas Employment authorization document (EAD), you are not bounded to work for any specific employer. Once USCIS approves your work permit, you are granted to work for any employer in the United States. Work permit validity is one year, so you need to renew your work permit every year. You are only granted to renew your work permit if you have an immigration status that allows you to work in the US.
United States employer has to confirm that you are legally granted to work before they hire you.
After your work permit holder, you can show the permit to the employers that work as evidence that you are lawfully allowed to work in the United States.
What are the circumstances if I work in the United States without a work permit?
Getting employed in the United States without a work permit is very dangerous. For example, suppose you are working in the US without the work permit or authorization. The US government may dismiss you.
The government might also take legal action against you or ban you from entering in the United States for 3 to 10 years, and if you do any such thing, all your permanent or temporary visa application will be rejected in the future. For example, if you do not have the work permit and you are still working in the United States on the visitor visa and later on in the future you applied for the student visa, then there are larger possibilities that the state Department will reject your student visa application.
Applying for the work permit is a must no matter you are looking for short-term or under the table employment. Even if you are working in the United States for a few hours, then also you will require obtaining work authorization as working without a work permit can affect your immigration journey in the future.
How long does it take to get a work permit?
After you are submitted your work permit application to the USCIS, the average processing time taken by the USCIS to process your application is 5 to 7 months.
Moreover, due to the effect of the corona virus, there might be a delay in the processing time of the applications. Once USCIS received your application, they will provide you with the receipt notice. After USCIS has accepted your Visa application, you will get the notice within 2 to 3 weeks.
After receiving the receipt notice, you can use the receipt number to track the status of your application by visiting the USCIS website.
What happens after I get my Work Permit?
If you have never been employed in the United States in the past, you will be forced to apply for the Social Security number and work permit to work in the United States lawfully. Fortunately, form I-765 enables you to request the Social Security number and the replacement of the Social Security (if your card is stolen or lost) along with the work permit. The thing which you need to do is to look for the option on Form I-765.
When you start working in the United States, your employer will ask you to fill up the Form I-9 and present proof showing that you are granted legally to work in the United States. Your Social Security number and work permit are the evidence that you need to show. After you have social security number and work permit, you are legally granted to work for any employer in the United States.
After you started working in the United States, you will have to pay all the US income taxes and payroll as paid by the US citizen.
If you do not pay the US government’s taxes, you will have to pay the penalty. Also, not paying the tax will destroy all the chances of becoming the US citizen.
How do I switch or renew my Work Permit?
Several people immigrate to the United States for a single motive but end up staying for the multiples. For example, you immigrate to the United States as a student then decide to marry the US citizen. You immigrated to the US on a work visa at first; then, you decided to get a job in a company other than the one who sponsored you. Whatever may be the case of your switching to another visa, you will have to submit a new Form I-765.
Let’s understand like this, suppose you are a student working under the optional practical training program and then decided to marry the United States citizen. Then it’s a good idea to complete and submit the application for the work permits along with the marriage-based green card application no matter if your current work permit is valid. There are no such demerits in applying for the two permits simultaneously; even two permits at once can ensure that you can continue to work in the United States even if one of your permits expires.
Renewing your work permit
It is important that you should, without waiting for too long, apply for the work permit renewal as your immigration work permit is valid only for one year. You must apply for the renewal of your work permit 180 days before the expiry of your present work permit. It’s always a better option to renew your work permit as soon as possible to be on the safer side.
If you did not renew your work permit and it expired, you will not be able to work in the United States anymore.
In order to renew your work permit, you are required to do is to file another application form I-765 along with the evidence showing that you are currently eligible for a work permit. In addition, you will require attaching the supporting documents as mentioned in step 3, and the renewal fee that needs to be paid is the same as given in step 4. The time taken to renew your application is about 150 days. So it’s always a better option to apply for the renewal as soon as possible.
What should I do if USCIS denies my Work Permit application?
Some of the reasons due to which USCIS might deny your work permit application are listed below:
You made a mistake on your application.
The first reason USCIS might reject your work permit application is that you might made a mistake while filling the application form I-765 incorrectly. For example, you might forget to sign the form, or you might have missed submitting some of the supporting documents.
You were not eligible.
You fall under the list of ineligible person to apply for the work permit. The only method you can qualify for the work permit is by obtaining the United States immigration status that grants you to get employed in the United States. If you do not hold any of the immigration statuses and still you are submitting the work permit application, then USCIS will deny your application.
You must accepted some other work authorization
The other situation in which USCIS rejects your application is that you might have obtained some other work authorisation before the approval of your work permit application. For example, suppose you apply for the green card and work permit at the same time your green card application gets approved prior to your work permit application. Although this situation is very rare, don’t stress green card grants you to work in the United States if this situation happens to you. You don’t need to apply for a work permit additionally.
In case USCIS denies your application because you filed the form incorrectly or due to not meeting eligibility criteria, then it’s better to consult an immigration lawyer. He/she will be the perfect one to handle the situation and provide you with better advice.
You still have the option to reapply for the work permit if you meet the eligibility criteria of the work permit, but re-applying for the work permit can be tricky. That’s why it’s better to talk with the immigration lawyer so that your application gets approved and also you can begin working in the United States.
The above-given information is enough to help you understand about the work permit, how you can apply for it, and in what conditions it can be rejected.