Many immigrants seek to work in the U.S. legally, and many find successful employment. Employment helps provide for you and your family and lets you build the future you’ve always dreamed about. As a resident of another country, navigating the various ways you can legally work in the U.S. can be difficult. Let’s break it down to answer a few questions you have about working legally in the U.S.
Who Can Work in the U.S. Legally?
To work in the United States, you must:
- Be a U.S. citizen
- Be a lawful permanent resident
- Have a non-immigrant visa that authorizes you to work
- Have an employment authorization document (EAD)
Employers must check to see if you are authorized to work in the U.S. and follow the law to avoid penalties.
How do I Apply for an Employment Authorization Document (EAD)?
You must file Form I-765, an application for employment authorization, with the U.S. Citizenship and Immigration Services (USCIS). The form must be accompanied by the appropriate fee and supporting documents, and photographs. You will also need to provide USCIS with evidence that you are eligible for an EAD. If you are unsure if you are eligible to receive an EAD, consult an immigration attorney or accredited representative.
How Long is an Employment Authorization Document Valid?
Most EADs are valid for five years but may differ from case to case.
What do I Need to Apply for an Employment Authorization Document?
You will need the following:
- Proof of your current immigration status, such as a copy of your I-94 arrival/departure record or your visa
- Evidence of your eligibility category, such as an approval notice for an underlying immigration petition or a copy of your pending application
- Two passport-style photographs that were taken within the last 30 days
- Any additional documentation, depending on your specific eligibility category
What Long Does it Take to Get an Employment Authorization Document?
The processing time for an EAD application varies based on the applicant’s eligibility category and the USCIS service center handling the case. You can check the current processing times on the USCIS website to get an estimated timeframe for your application.
Are There any Benefits to Getting an Employment Authorization Document?
Some benefits of getting your EAD may include the ability to apply for a driver’s license, access to a Social Security Number (SSN), the ability to open a bank account, access to in-state tuition and financial aid for college, and access to certain healthcare services. Additionally, some states may allow EAD holders to apply for a professional license or certification.
When Should I Seek Legal Assistance?
It is important to renew your EAD before it expires if you want to continue working in the U.S. If you are unsure if you are eligible to receive or renew an EAD, consult with an experienced immigration attorney or accredited representative.
Can I Change Jobs or Employers with an Employment Authorization Document?
With an EAD, you can generally change jobs or employers without any restrictions, as long as your new job is consistent with your EAD eligibility category.
What are Some Additional Uses of an Employment Authorization Document?
In most cases, an EAD allows you to start your own business in the United States. However, it is essential to ensure that your business activities are consistent with your EAD eligibility category and that you comply with all applicable federal, state, and local regulations.
What if I Lose my Employment Authorization Document?
If your work permit is lost, stolen, or damaged, you may face difficulties proving your work authorization to employers or government agencies. In such cases, you should apply for a replacement EAD by submitting a new Form I-765, along with the required supporting documents and filing fee. Make sure to explain the reason for requesting a replacement and provide any relevant documentation (e.g., a police report for a stolen work permit).
We know that each immigration case is unique. Please don’t hesitate to contact us with any questions you may have. We’re here to support your immigration needs.