To obtain a work permit, also known as an Employment Authorization Document (EAD), in the US, you must first be eligible to apply for one. Here are the general steps to follow:
- Determine eligibility: You must determine if you are eligible to apply for a work permit based on your immigration status. Generally, individuals who are in the US on certain types of visas, such as F-1 student Visa, H-1B work Visa, or Asylum seekers, may be eligible to apply for a work permit.
- Complete Form I-765: If you are eligible to apply for a work permit, you must complete Form I-765, Application for Employment Authorization, and submit it to US Citizenship and Immigration Services (USCIS) along with the required fee and supporting documents.
- Provide supporting documents: Along with the application, you must provide supporting documents, such as a copy of your passport, a copy of your visa, and any other documents that demonstrate your eligibility for a work permit.
- Attend biometrics appointment: USCIS will schedule a biometrics appointment for you to take fingerprints, photos, and a signature.
- Wait for a decision: After the biometrics appointment, USCIS will review your application and make a decision. If approved, you will receive your work permit in the mail.
It is important to note that the eligibility criteria and application procedures for a work permit may change over time, so it's important to check for updates from USCIS or consult with a qualified immigration attorney.
Who is Eligible for a US Work Permit?
To be eligible for a work permit in the United States, a person must fall under one of the following categories:
1. Employment-based immigrants: People who are in the United States with valid visas for employment-based immigration categories may be eligible to apply for a work permit.
2. Non-immigrants: Certain categories of non-immigrants, such as students, exchange visitors, and fiancés, may be eligible to apply for a work permit.
3. Asylum seekers: Asylum seekers who have applied for asylum and have been waiting for more than 180 days for a decision on their application may be eligible to apply for a work permit.
4. Deferred Action for Childhood Arrivals (DACA) recipients: People who were brought to the United States as children and are protected under the DACA program may be eligible to apply for a work permit.
5. Temporary Protected Status (TPS) recipients: People who are in the United States with TPS status may be eligible to apply for a work permit.
6. Spouses of certain visa holders: Spouses of H-1B visa holders and L-1 visa holders may be eligible to apply for a work permit.
It is important to note that eligibility for a work permit may also depend on factors such as the type of work the person will be doing, the duration of their stay in the United States, and their immigration status. It is recommended to consult with an experienced immigration attorney to determine eligibility and to navigate the application process.
What Happens After I Get My Work Permit?
Congratulations on getting your work permit! Once you receive your work permit, there are several things you should do:
- Check the work permit details: Review your work permit carefully to make sure all the details are accurate, such as your name, photo, and work authorization dates.
- Find employment: With your work permit, you can legally work in the United States. You can now begin to search for employment opportunities and apply for jobs.
- Keep your work permit valid: Your work permit will have an expiration date, so make sure to renew it before it expires if you plan to continue working in the US.
- Apply for a Social Security Number: You may need to apply for a Social Security Number (SSN) to start working. You can do this by visiting your local Social Security Administration office.
- Apply for a driver's license or state ID: Your work permit can serve as a valid form of identification to apply for a driver's license or state ID.
- Maintain legal status: While your work permit allows you to work in the US, it's important to maintain legal immigration status by following all immigration laws and regulations.
- Explore other immigration options: Depending on your goals, you may want to explore other immigration options, such as applying for permanent residency or citizenship.
Remember to always carry your work permit with you while you are working. If you have any questions or concerns about your work permit or immigration status, you can contact an immigration attorney or USCIS for assistance.
How do I Renew my US Work Permit?
To renew your US work permit, you will need to file Form I-765, Application for Employment Authorization with the United States Citizenship and Immigration Services (USCIS). Here are the steps you can follow:
- Check the expiration date on your work permit to determine when you need to renew it.
- Download Form I-765 from the USCIS website.
- Fill out the form completely and accurately. Be sure to include your personal information, your current immigration status, your employer information, and your reason for renewing your work permit.
- Gather supporting documents, such as your current work permit, your passport, and your I-94 arrival/departure record.
- Pay the required filing fee. The current fee for renewing a work permit is $410, but this fee is subject to change, so be sure to check the USCIS website for the most up-to-date information.
- Mail your completed application and supporting documents to the USCIS.
- Wait for your application to be processed. The processing time can vary, but USCIS typically takes 2-5 months to process work permit renewal applications.
If your work permit is set to expire soon, it is best to file your renewal application as soon as possible to avoid any potential issues. You can check the status of your application online using the USCIS Case Status tool.
What Should I Do if USCIS Denies My Work Permit Application?
If your work permit application is denied by USCIS, there are several steps you can take:
- Review the USCIS denial notice: The first step is to carefully review the denial notice from USCIS. This notice will explain the reason(s) for the denial and provide information on whether or not you have the right to appeal the decision.
- Consult with an immigration attorney: It may be beneficial to consult with an immigration attorney who can review your case and advise you on your options. An experienced attorney can help you understand why your application was denied and may be able to help you address any issues that led to the denial.
- File an appeal: If you have the right to appeal the denial, you can file an appeal with the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). The appeal must be filed within a specific time frame, which will be outlined in your denial notice.
- File a motion to reopen or reconsider: If you believe that USCIS made an error in denying your work permit application, you may be able to file a motion to reopen or reconsider. This motion must be filed within a certain time frame and must provide new facts or evidence that was not available at the time of the initial decision.
- Explore other immigration options: If your work permit application is denied, you may be able to explore other immigration options, such as applying for a different type of visa or pursuing a different immigration pathway.
It's important to take action promptly if your work permit application is denied, as there are typically strict time limits for filing appeals and motions to reopen or reconsider. Working with an experienced immigration attorney can help you navigate the appeals process and increase your chances of success.