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November 1, 2024

U.S. Work Permit

Mariajosé Rivera

Growth Manager

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Employers in the United States must ensure that every one of their employees—regardless of whether they are U.S. citizens or foreign nationals—is authorized to work in the country. Therefore, they require workers to hold a work permit in the form of an Employment Authorization Document (EAD), as contained in Form I-766.

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What is a U.S. work permit?

A U.S. work permit is essentially the Employment Authorization Document (EAD) contained within Form I-766. Issued by U.S. Citizenship and Immigration Services (USCIS), it allows individuals to work legally within the United States for a specific period.

This document serves as proof to employers that the holder is authorized to work for any company, regardless of their citizenship status.

Those wishing to obtain a work permit must submit Form I-765 to USCIS, along with supporting documentation proving their eligibility based on their personal circumstances or immigration status.

Before submitting an application, be sure to consult with an attorney specializing in immigration law regarding the options available to you.

Who is eligible to apply for a U.S. work permit?

Eligibility for an Employment Authorization Document is generally limited to individuals with specific immigration statuses, such as refugees, asylees, or non-immigrant visa holders, as well as those with pending asylum or adjustment of status applications.

However, not everyone requires a work permit. This includes legal permanent residents (Green Card holders) and individuals with visas that already authorize employment, who may seek work without needing an Employment Authorization Document.

How long is a U.S. work permit valid?

The Employment Authorization Document specifies the period during which an individual is authorized to work for any company in the United States.

Generally, a work permit is valid for one to two years, depending on the applicant's personal circumstances.

It is important to renew this document before it expires to maintain continuous work authorization. Employers in the U.S. are required to verify the authenticity of an applicant's Employment Authorization Document to ensure compliance with immigration laws and promote legal employment for authorized workers.

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**How can I obtain a U.S. work permit?**

To apply, you must submit an application for employment authorization using Form I-765 and pay the filing fee, which varies based on your immigration category. The resulting work permit is typically valid for one to two years.

If the application is approved, USCIS will mail the card to the holder, or in some cases, the individual may be required to pick it up at a local office.

In summary, we have covered what a work permit is, its utility and importance for both workers and employers, and its validity based on the migrant's category in the United States.

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