Work Permit

Working in the United States

There are countless reasons why a growing number of foreign citizens dream of obtaining a work permit in the United States. How long does it take? What are the benefits? Who is eligible? Just like any other immigration procedure, it takes some time and you need to be patient.

What are the benefits of obtaining a work authorization? First and foremost, it guarantees that as an immigrant you can work legally in the country. This permit can be renewed once it expires, or you can get an original copy if you lose it. This work authorization plays an important role in the lives of those who come to the United States to have a better life.

There is an endless number of factors to be taken into account when you request work authorization. Before you start your process, it is necessary to know the eligibility criteria. Refugees can choose to have this benefit, as well as those who have been granted asylum or Temporary Protected Status.

This page provides a summary of employment-based nonimmigrant and immigrant visa classifications and other categories of aliens who are eligible for employment authorization. 

Depending on the classification you seek, your change or adjustment of status application might require a U.S. employer or other qualified requestor to file an application or petition on your behalf to establish your eligibility before uscis approve your application.

However, if you apply based on certain classifications (for example, an alien with extraordinary ability or as a nonimmigrant E-1 or E-2 principal treaty trader or investor), you may be eligible to self-petition, which means filing an application on your own behalf.

If you have the right combination of skills, education, and/or work experience, you may be able to live and work permanently in the United States by seeking an employment-based immigrant visa. 

There are actually different types of permits granted by the US government, depending on your status (whether you are an immigrant or not). For example:  

  • Permanent Workers: It is a permit given to immigrants who have been allowed to stay and work in the United States permanently. 
  • Temporary Workers: This permanent is granted to foreign citizens who arrived to the country for a short period of time. Many of them work for a few months and return to their home countries. They must have a valid work visa. 
  • Exchange Visitors And Students: There are some exceptions for exchange visitors and students, so that they can obtain a work permit in the United States. In order to get it approved, a person responsible by the institution in charge must authorize the work permit. 

According to USCIS it is necessary for a person to have one of the following documents that would grant you an employment authorization in the United States: a Green Card, a work visa, adjustment of status, or an approved asylum process. You must keep in mind that every case is different, and the waiting time varies depending on the applicant’s documentation. 

The same thing happens with other immigration processes. USCIS is very strict when it comes to granting these authorizations. That is why if you should be thorough if you are applying for it. This will help you to avoid any problems with the authorities, or even being removed from the country. 

Does this mean that if you do not get an EAD you cannot work in the United States? Yes, this document is a requirement if you want to get a legal job in the country. Therefore, if you live in the US or if you are planning to move there soon, try to gather all the required documents. 

The conditions you must meet and how long you can work in the United States depend on the type of immigration status the Department of Homeland Security (DHS) grants. You must comply with all conditions of your employment authorization and the terms of your admission to this country. If you violate any of the conditions, you could be removed from or denied re-entry into the United States.

Obtaining an immigration status such as a permanent residence or citizenship is not so easy. That is why a work permit can be an excellent alternative for those who seek to get a job in the United States. It is true that it can take some time to get a work authorization, but once it is approved, you can legally get a job right away. 

You must also remember that for the work authorization to go through, you do not need to have a specific employer to sponsor you. You can apply for any job you want. Another positive aspect is that there are no limitations as to the type of work you could perform. 

Likewise, another benefit of having EADs is that you can get one while you are applying for permanent residence. For instance, the fact that you do not have a Green Card does not prevent you from getting a job in the US. 

Another advantage of a work permit is that it gives a path for some immigrants to obtain a Green Card. Would you like to know how? According to USCIS, those who have “exclusive abilities” can benefit from that provision. But to get this you will need a “Labor Certification”. 

  • Notify the judge that you want a bail hearing.
  • In the notification letter you should include your name, immigration case number, and hearing petition.

It could happen that once a hearing has been requested, it would be accepted right away. If that is what happens, the immigrant has the option of notifying the judge that he needs time to gather all the documents required.

USCIS is very strict when it comes to granting this kind of authorizations, that is why you should be careful and thorough if you are applying for it.

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