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Employment Authorization for Immigrants: What You Need to Know
Contributor: Van T. Doan
One of the most common concerns of immigrants is ensuring that they are able to legally work in the United States. Being able to work is an essential part of finding your “American dream:” Work provides a sense of purpose, a means of support for you and your family, and a path to advancement. But foreign workers must have employment authorization to work legally in the United States.
Who has the right to work in the U.S.?
Employers in the United States are required to make sure that their employees have legal authorization to work in the United States. If you are a U.S. citizen or lawful permanent resident (green card holder), you have the right to work in this country.
Foreign workers who are in the U.S. on a nonimmigrant worker visa (such as H-1B, L-1, and O-1, to name a few) typically have employment authorization under the terms of their visa. For instance, an H-1B visa holder is authorized to work for a particular company for a particular length of time. Foreign workers and others whose visas do not provide them employment authorization may need to apply for an Employment Authorization Document.
What is an Employment Authorization Document and how do I apply for one?
An employment authorization document (EAD), also called a work permit, is a document that authorizes an alien to work in the United States for a specified period, often one year. It can be renewed.
To obtain or renew an EAD, you must file Form I-765, Application for Employment Authorization, with USCIS. Application fees are changing effective April 1, 2024, and applications postmarked after that date must include the new application fee. If you are renewing your EAD, be sure to apply before your old EAD expires so you don’t have a gap in authorization
In addition to the application and fee, you may need to include supporting documentation and attend a biometrics appointment to provide fingerprints, photographs, and signatures.
Who must apply for an EAD in order to work in the U.S.?
There are several categories of noncitizens who must apply for and receive an EAD in order to work legally in the United States. They include:
- Asylum seekers can apply for employment authorization 150 days after filing their asylum application if their case is still pending. If asylum has been granted before 150 days, they can apply for an EAD after asylum has been granted.
- Certain adjustment of status applicants. If a foreign national is seeking to adjust status and become a green card holder, they might need to apply for employment authorization to be able to work legally while their application to adjust status is pending.
- Certain spouses and dependent children of nonimmigrant workers. It’s common for foreign nationals whose visas authorize them to work in the U.S. to move to this country with their spouses and children, but those family members may have to apply for separate employment authorization if they want to work during their stay in the U.S.
- Temporary Protected Status (TPS) beneficiaries. Individuals from certain countries to which it would be dangerous to return may have TPS in the United States if their country is on a designated list. If those individuals want to work while they are in this country, they must generally apply for an EAD.
- Deferred Action Recipients. Eligible individuals who have been granted Deferred Action for Childhood Arrivals (DACA) or other deferred action can apply for a work permit to allow them to work legally in the United States.
If you are not sure if you are eligible for an Employment Authorization Document, or if you need help applying for one, contact an immigration attorney.
What happens if I try to work in the U.S. without a work permit?
If you are required to have a work permit in the United States and you choose to work without one, you are working illegally and this can have serious consequences for you. To begin with, you are at the mercy of employers who are willing to pay “under the table,” which means that you may be paid less than you deserve or agreed to, without any real recourse. You would have limited protections and might not be able to get overtime pay, or even minimum wage. You might also be forced to work in unsafe environments.
There are also legal and immigration consequences. If you are caught working illegally, you could be removed from the country (deported) and could be barred from reentering the country for a period of time, or perhaps permanently. If you are permitted to remain in or return to the U.S., having worked illegally in the past could have a negative impact on your future immigration applications, such as applying for a green card.
The bottom line is, if you are a foreign national who wants to work in the United States and you are eligible for employment authorization, it’s important to apply for a work permit. To get the help you need to work legally in the United States, contact our law office to schedule a consultation.
Categories: Immigration Law