Work permits, also know as Employment Authorization Documents (EAD), are often needed for persons who are on non-immigrant work visas or for persons at a certain stage in their green card processing, to be able to legally obtain employment.
There are three categories of persons who may be eligible to receive such Work Authorization (EAD):
The first group of people consists of those who are in valid non-immigrant status and are eligible to work as a result, incident, to that status. Most persons in these categories however must still apply for an Employment Authorization Card. A few exceptions exist for spouses of beneficiary’s on E and L visas. Note that even for these persons, it may be necessary to apply for a work card. Speak to our immigration attorneys to answer questions specific to your situation.
The other groups of persons who are eligible to get work permission in the U.S. are those who, as a result of their non-immigrant visa status, are authorized to work for a specific petitioning employer. An example of this is a person who has an H-1B professional worker visa to work as an employee of Company ABC, or an L visa holder who is entering as an intra-company transfer or opening their own business. The same applies for E-2 treaty investors. These persons do not need to apply for work authorization cards as they are eligible to work for a specified employer incident to their status.
Thirdly, there is a category of persons who all must apply directly for an employment card such as people who are refugees, persons granted withholding of removal or deportation and so forth.
Unauthorized work, without a work permit can jeopardize any future immigration benefits such as Adjustment of Status. One of the very few exceptions to this is for persons eligible for 245(i) benefits or people who qualify for an immediate relative green card petition.
How Do I Apply For a Work Permit?
Although it is a good idea to speak with an immigration professional about your specific situation as this is not legal advice, the basic form that is required in all such applications if Form I-765. In certain instances a fee is required, which is currently $340 but is subject to change at any time so research this on the USCIS website, www.uscis.gov.
Please feel free to contact our immigration attorneys to assist you with your specific case needs. Call 626.398.1992 for a consultation, or e-mail to [email protected]. |
