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U.S Work Authorization: Everything you Need to Know

Published on
June 30, 2021
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Are you curious about working in the U.S.? Check out this article to learn more about the different work permits you can get .For some, working in the U.S. is a dream come true. It represents the culmination of their hard work and an endless door for opportunities in their field. But, to legally work in the United States, you must have advance permission to work. It must be under the terms and conditions of your visa and/or status or by obtaining a work permit. If you try working without authorization, it could lead to severe consequences. So to avoid that, we’re going to break down the different types of work permits that you can get to work in the U.S. legally.

What is a work authorization or work permit?

A work permit is officially known as an Employment Authorization Document or EAD for short. The EAD looks like a Driver’s license, and it also serves as a photo I.D. It is issued by the U.S Citizenship and Immigration Services (USCIS). Once you obtain an EAD, you can present it as evidence that you are authorized to be employed in the United States for a specific time period.

Eligibility Requirements to Apply for a Work Permit

The following are some of the categories of foreign nationals that are eligible to apply for an Employment Authorization Document:

  • Immediate relatives of U.S citizens (spouses, parents, and children under 21) are filing to adjust their status if in the U.S.
  • Other relatives of U.S citizens or lawful permanent residents are filing to adjust their status in the U.S.
  • Individuals admitted to the U.S as Fiancés (and/or their children)
  • Foreign nationals in the United States pursuing the final stage of permanent residence
  • Asylum seekers
  • Certain individuals with pending asylum cases
  • Refugees
  • VAWA self-petitioners
  • Students seeking particular types of employment
  • Nationals of certain countries given Temporary Protected Status (TPS) due to conditions in their home countries
  • Dependents of foreign government officials
  • Spouses of E1, E2, E3, and L1 status
  • J-2 spouses or minor children of exchange visitors

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Who Does NOT Need an EAD?

Depending on your situation, you may not need an EAD to work in the U.S. Here are some of the exempt individuals:

  1. U.S Citizens (For more info, see our post on that https://brudnerlaw.com/eligibility-criteria-for-citizenship).
  2. Green card holders (lawful permanent or conditional residents)
  3. Foreign nationals who have obtained work-based visas-
  4. H-1B (for specialty workers),  
  5. L-1 visa (for intracompany transferees)
  6. E-2 visa (treaty investor)
  7. E-1 (treaty traders)
  8. E-3 (Australian nationals)

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