Tue. Jun 18th, 2024
the Application Process

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For immigrants coming to the United States, obtaining a work permit, formally known as an Employment Authorization Document (EAD), is a critical step towards legal employment and economic stability. We recognize that the process for securing this document is governed by the United States Citizenship and Immigration Services (USCIS), an organization that operates under the Department of Homeland Security. Our aim is to navigate through this process smoothly and understand the criteria that determine eligibility for obtaining a work permit for immigrant.

The EAD is essential for many visa holders who wish to work legally in the U.S. without being restricted to a particular employer, unlike some other visa categories that tie employees to their sponsor employers. We consider the vast array of diverse circumstances among immigrants that necessitate the need for an EAD, ranging from those awaiting the adjudication of a green card to individuals in the U.S. on humanitarian grounds. Having a valid work permit allows us, as immigrants, to contribute to the U.S. economy and support ourselves and our families while living in the country.

We understand that the application process can vary depending on our immigration status and the specific visa we may hold. It involves filing the I-765 form, providing necessary evidence, and possibly dealing with extensive wait times. It is crucial for us to stay current with USCIS guidelines and timelines to ensure that our right to work is not interrupted. By staying informed and prepared, we hope to mitigate any complications that could arise during the employment authorization process.

Eligibility and Application Process

In this section, we’ll outline the essential criteria and steps that immigrants must follow to obtain a work permit in the United States, including an understanding of the different visa categories, the role of United States Citizenship and Immigration Services (USCIS), and the specifics of applying for and renewing an Employment Authorization Document (EAD).

Understanding Immigrant Work Visas

To lawfully work in the United States, immigrants need an immigrant visa, which often includes a path to a green card, signifying lawful permanent residency. Eligibility for an immigrant visa typically depends on sponsorship by a U.S. citizen, lawful permanent resident family member, or a prospective employer.

Nonimmigrant Visas and Employment Authorization

Nonimmigrant visas are for individuals who intend to stay in the United States temporarily. Types of nonimmigrant visas include visitor, student, and temporary worker visas. To work legally without a green card, nonimmigrants must obtain employment authorization, such as an H-1B visa for specialized occupations, unless their visa explicitly allows work.

The Role of USCIS and Form I-765

USCIS is central in managing applications for employment authorization. Immigrants and nonimmigrants may file Form I-765 to request an Employment Authorization Document (EAD). This form is also utilized for certain cases involving asylum applications and pending asylum applications.

Applying for an Employment Authorization Document (EAD)

To apply for an EAD:

  1. Complete Form I-765 with accurate details about your immigration status and employment eligibility.
  2. Submit the required documents like proof of your immigration status and two passport-sized photographs.
  3. Pay the applicable filing fee, unless a fee waiver is granted.

Renewal and Expiration of Work Permits

EADs are typically granted for one year and must be renewed accordingly. To renew, applicants should file Form I-765 at least 90 days before the expiration date. Failure to renew can result in the loss of legal employment status in the United States.

Rights and Responsibilities

Holding a work permit as an immigrant in the U.S. grants a person the right to work legally and a set of responsibilities to maintain that status. We’ll explore the specifics of employment rights, the process of changing jobs or employers, and the obligations one has towards the U.S. Government.

Employment Rights and Protections

Immigrants with work permits are entitled to the same employment rights and protections as U.S. citizens. These rights include:

  • Minimum Wage: All workers are entitled to the federal or state minimum wage, whichever is higher.
  • Social Security Number (SSN): Workers must obtain an SSN and provide it to their employers for tax purposes.
  • Anti-Discrimination: It is illegal for employers to discriminate against workers based on their nationality or immigration status.

Changing jobs or employer is allowed but it must adhere to the conditions of the permit. Sponsorship from a specific employer may require a new immigrant petition.

Changing Jobs or Employers

When changing jobs or employers, immigrants must consider:

  • Immigrant Petition: Sponsored immigrants must have their U.S. employer file a new immigrant petition when changing jobs.
  • DACA Recipients: They may switch jobs without direct approval but should ensure that the new job aligns with DACA guidelines.
  • Asylees: They have the freedom to change jobs without the need for specific employer sponsorship.

Obligations to the U.S. Government

Immigrants are obligated to:

  • Legal Work Authorization: Always maintain legal work authorization. Renewal applications must be filed before the expiration date to avoid loss of status and potential deportation.
  • Taxes: Pay federal and state taxes using either their SSN or an Individual Taxpayer Identification Number (ITIN) if an SSN is not available.
  • Department of Homeland Security (DHS): Inform DHS of any change of address within ten days. This is crucial for those under deferred action or with pending immigration processes.
  • Driver’s License: Some states allow noncitizens to obtain a driver’s license, which requires proof of legal work authorization.

Failing to comply with these responsibilities can result in fines and affect future immigration benefits.

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