Who Is Eligible To Get a Work Permit in the United States?

People who have obtained lawful permanent residence, U.S. citizenship, or other work visa classifications can accept employment in the U.S. without getting an Employment Authorization Document (EAD). Very few individuals qualify for a work permit. Foreigners residing in the U.S. are unable to work in the country unless they have been granted authorization under the terms and conditions of their visa or other immigration status or who have separately qualified, applied for, and received a work permit.

A work permit also known as an Employment Authorization Document is issued by the United States Citizenship and Immigration Services (USCIS). It is also used as a photo identification card when seeking employment.

Once a foreign national has an EAD on hand he or she can provide it to an employer as proof that they have their right to work. All U.S. employers are required to request a work permit when hiring a new worker if not employers will be penalized by the labor department.

Certain Categories of Non-Citizens Will Not Need to Separately Apply for a Work Permit

Every U.S. green card holder (lawful permanent or conditional residents) automatically has authorization to work in the United States. All they need to do is show their green card to employers. On the other hand, immigrants who go on to become U.S. citizens can, of course, work and will be able to show their U.S. passport or their certificate of naturalization to employers.

Beneficiaries of other work visas that have been sponsored by U.S. employers are eligible to apply to work in the U.S. Such visas include:

  • H-1B visa for special workers
  • L-1 visa for intracompany transferees
  • E-3 visa for only Australian
  • E-Treaty Trader or Treaty Investor visa for employees of companies registered as treaty traders or treaty investors in the U.S

Who Qualifies to Apply for a Work Permit

Before a person is able to work in the U.S. he or she must apply for a work visa application with USCIS. While there are countless visa classifications it is recommended that the applicant sees which one is applicable. Other categories include:

  • K-1 Fiance Visa Beneficiaries
  • Asylees
  • Applicants with a pending adjustment of status (a green card) spouses of several visa holders
  • Temporary Protected Status (TPS) recipients or
  • Deferred Enforced Departure (DED) beneficiaries
  • F-1 Students experiencing economic hardship or seeking optional practical training (OPT)

Notice that there is no category for tourists (B-1 visa recipients) or undocumented immigrants. According to U.S. immigration law, visitors to the U.S. are not allowed to work in the U.S. and employers are not permitted to hire them as it is unlawful.

Get an Immigration Attorney To Help You

If you have any questions or concerns about your eligibility for a work permit or even needing assistance, have an immigration law expert assist you. Call Gambacorta Law Office today at 847 443 9303 before you complete and submit an application for an employment authorization document.