If you want to work in the United States, you can apply for a temporary work visa or an employment-based green card. There are several types of temporary work visas available, each of which allows you to stay in the United States for a set period of time.
Due to your job position, you will be deemed a permanent resident if you receive an employment-based green card. Each choice has its own set of restrictions, so it’s crucial to figure out which ones you qualify for. All employers in the United States are obligated to verify that their workers are legally authorized to work in the country.
If a person is not a United States citizen or permanent resident, they will require a work permit as well as the necessary work visa.
An Employment Authorization Document is a document that allows a non-citizen to work in the United States. Both employers and workers are responsible for verifying documentation of lawful employment status.
Employees must show proof of authorization to work in the United States, and employers must check the identity and eligibility of all new hires.
Work Permits for Foreign Nationals in the U.S.
Permanent immigrant employees, temporary (non-immigrant) workers, and student/exchange workers are among the foreign workers who are authorized to work in the United States. Workers from the following groups are authorized to work in the United States:
- Citizens of the United States
- United States non-citizen nationals
- Permanent legal residents
- Non-citizens and non-residents who have been properly allowed to work
Non-citizens and non-residents who may be permitted to work in the United States include:
- Permanent (Immigrant) Workers
A permanent worker is someone who is allowed to reside and work in the United States indefinitely.
- Temporary (Non-Immigrant) Workers
A temporary worker is someone who wants to come to the United States for a limited time. Non-immigrants enter the United States for a limited time and are restricted to the activity or purpose for which their nonimmigrant visa was issued once they arrive.
- Students and Exchange Visitors
Students may be permitted to work in the United States under specific conditions. They must, however, get permission from a school administrator before doing so. For students, the authorized official is known as a Designed School Official, and for exchange visitors, the Responsible Officer. Exchange visitors may be able to work in the United States for a limited time under the exchange visitor visa program.
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How to Obtain a Work Permit in the United States
An Employment Authorization Document, also known as an Employment Authorization Document card, work permit, or working permit, is a document issued by USCIS that certifies the holder’s right to work in the United States. An Employment Authorization Document generally has a one-year validity period and is renewable and replaceable.
The following items can be requested by Employment Authorization Document applicants:
- Eligibility for an Employment Authorization Document
- Permission to Accept Employment
- Replacement (of a lost Employment Authorization Document)
- Renewal of Permission to Accept Employment (EAD)
Except for their Green Card, if they are a permanent resident, U.S. citizens and permanent residents do not require an Employment Authorization Document or any other type of work permit to work in the United States.
All employees, even citizens and permanent residents of the United States, must demonstrate their ability to work in the United States.
Your company will need the Employment Authorization Document to prove that you are legally permitted to work in the United States.
Foreign employees who fall into the following categories are eligible to apply for an Employment Authorization Document:
- Asylum seekers and asylees
- Students looking for certain sorts of jobs
- Foreign nationals in the final stages of obtaining permanent residency in the United States
- Due to situations in their home countries, nationals of various nations have been granted Temporary Protected Status.
- U.S. citizens’ fiancées and wives
- Foreign government officials’ dependents
- Exchange guests’ J-2 spouses or minor children
- Other workers, depending on the situation.
Many recipients and their families are also permitted to work in the United States. Because of the beneficiaries’ or dependents’ non-immigrant status, the government usually provides this eligibility to a specific company.
How to Get a New Employment Authorization Document
For a variety of reasons, Employment Authorization Document cards are replaced. It may be essential to submit a new Form I-765 and pay a filing fee if a card is lost, stolen, or includes inaccurate information. 5 In rare circumstances, a fee waiver for all fees might be obtained.
Verification of Authorization to Work in the United States by the Employer
Employees must establish their legal right to work in the United States when they are employed for a new job. Employers must check the employee’s eligibility to work as well as their identification. An Employment Eligibility Verification form (I-9 form) must also be kept on file by the company.
As a direct result of their immigration status, individuals who have been accepted as permanent residents, awarded asylum or refugee status, or admitted under work-related non-immigrant classifications may obtain employment permission. Other foreigners may need to apply for employment permission on their own, including the ability to work in the United States on a temporary basis.
How to Submit an Application for an EAD
The US Citizenship and Immigration Services (USCIS) website has information on eligibility and forms for applying for an Employment Authorization Document.
Documents for Employment Authorization Renewal (EADs)
You can apply for a renewed Employment Authorization Document using Form I-765, Application for Employment Authorization if you have lawfully worked in the United States and your Employment Authorization Document has expired or is about to expire. Before the original Employment Authorization Document expires, an employee can apply for a renewal Employment Authorization Document as long as the application is processed within six months of the expiration date.
Proof of Work Eligibility
Employees must submit their employer with original papers (not photocopies) as part of the employment procedure. When an employee produces a certified copy of a birth certificate, the sole exemption is made. Employers must check workers’ employment eligibility and identity credentials, and record this information on an I-9 form for each employee.
This article does not provide legal advice and should not be used as a substitute for it. State and federal laws are constantly changing, therefore the information on this page may not represent your state’s laws or the most current revisions.