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Foreign nationals in the US can’t legally work unless they have explicit permission under the terms of their visa. Otherwise, they have to apply for a work permit. If you obtained a green card, that doesn’t mean you also have a work permit. As a matter of fact, you can obtain a work permit while having a pending green card application.
A work permit is issued by the U.S. Citizenship and Immigration Services (USCIS). It is a photo identity card that looks like a driver’s license, and it’s also called an Employment Authorization Document (EAD). The holders of this work authorization document can prove they are eligible to work legally in the United States.
When hiring a new employee, all US employers have to request proof of their immigration status and their right to work. So, if you want to work in the United States, make sure you complete the application process for your employment authorization document.
Many immigrants can apply for and obtain a work permit. Eligible immigrants include approved temporary workers, DACA recipients, immigrants with temporary protected status, and asylum seekers. All EAD applicants will have to file form I-765, but the required supporting documents will vary depending on their situation.
However, undocumented immigrants and tourists are not eligible to obtain work permits.
To apply for a work permit, you need to fill out the Form I-765 and pay a filing fee. The current filing fee is $410, but it may change in the future. If you can’t afford to pay this amount, you can file for a fee waiver.
You also need to provide supporting documents that prove your eligibility for an Employment Authorization Document (EAD). These documents may include a copy of your passport, visa, I-94 arrival/departure record, and any other relevant immigration documents.
Once you have completed the application process and submitted all required documents, USCIS will review your case and decide on your work permit application. If approved, you will receive your EAD card in the mail.
Many people confuse work visas and work permits. But there is a difference. A work visa allows an individual to live in the U.S. and work for a specific employer who applied for their visa. Leaving that employer will leave that individual unable to work for anyone else until they get another immigration status. On the other hand, work permits allow individuals to work for any U.S. employer as long as they have an immigration status that allows them to keep working and renew their permits.
The H-1B visa is a temporary work visa that allows U.S. employers to hire foreign national workers for specific jobs.
To be eligible for the H1B visa, the individual will need a job offered to them by a U.S. employer for a position that requires specific knowledge. On the other hand, the employer in question will have to prove there is a lack of qualified U.S. workers for that particular position.
To be eligible for an H-1B visa, you must:
1. Have a minimum of a 4-year university degree or equivalent;
2. Be paid at the “prevailing wage” or the “actual wage,” whichever is higher;
3. The job must require a minimum 4-year university degree or equivalent.
H-1B visas are subject to a numerical cap of 65,000 per fiscal year. In addition, 20,000 persons who obtain advanced degrees from universities in the U.S. have their own H-1B cap. Up to 6,800 H-1B visas are reserved for persons who are citizens of Chile and Singapore.
USCIS has updated its Terms of Use (TOU) policy for employers with FY-2021 H-1B cap registration accounts. You can stay up-to-date with the latest news regarding H-1B visas, the waiting times in the Visa Bulletin, and other immigration news by subscribing to our Free E-Mail Newsletter.
Andrew T. Thomas, Attorneys at Law, can provide valuable information and advice on immigration law and procedures regarding work permits and work visas.
Our Texas immigration lawyers are experts and can help you through the intricacies of the immigration visa process.
Many non-citizens can apply, including approved temporary workers, DACA recipients, those with Temporary Protected Status, and asylum seekers. Individuals in tourist status or undocumented persons generally are not eligible.
