When you want to work in the U.S., it’s important to understand that every employer in the United States must confirm that you’re legally allowed to work there.
You'll have to apply for a work permit if you’re not a citizen, a permanent resident, or have a specific work visa. To receive a work permit, you must apply for employment with the U.S. Citizenship and Immigration Services.
Many people need help applying for a work permit and need clarification on ensuring they're approved the first time. Here's how you can become authorized to work in the U.S.
Work permits allow non-Americans to work within the country and receive compensation. You may wonder if a work permit is the same as a green card. The short answer is no.
A green card and a work permit are two very different documents. You can only work legally in the United States with a work permit or Employment Authorization Card. While a green card or a permanent residence card allows you to live, work, and travel within the country.
To live in the United States, you must apply for a green card. But, if you only want to work within the country, the work permit will allow you to do this.
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This is one of the most frequently asked questions! How long is the Form i-765 processing time?
Processing your I-765 Form used to be much faster, taking only about 90 days, but the USCIS has recently seen a growing backlog of applications, causing delays. After applying, you should expect to wait five to seven months for an I-765 approval notice.
The I-765 is a form with 19 questions used to apply for a work permit in the U.S. Your answers will determine which supporting documents you must submit, and your filing address will depend on your eligibility category.
If you are filing Form I-765 along with another form, the filing process follows the instructions for the other form. For instance, if you're submitting both Form I-765 and Form I-539, you'll follow the instructions provided for Form I-539. However, if you are only submitting Form I-765, the filing instructions and address will depend on your category, which may include:
To ensure you're filing correctly, refer to the specific I-765 filing instructions on the USCIS website for the appropriate mailing address based on your category.
There are various categories of people who can work in the United States. These categories include:
There are three types of non-resident, non-citizen workers who can obtain authorization to work in the U.S.; these are:
Yes, there are filing fees for the I-765 form. The total amount for the I-765 form is $410. Also, there is an $85 biometric fee if you meet one of the four criteria below:
The biometric fee is not waived if you meet the last two criteria above. You must pay it along with the I-765 filing fee.
The I-765 fee is payable by check, money order, or credit/ debit card. If you receive an I-765 denial status after filing, no fee will be refunded.
You can apply for your Employment Authorization Document (EAD) card at the same time as applying for a green card for no additional fees. If you’ve already applied for your green card, you can still apply for your EAD card by sending in the required form and a copy of the USCIS notice showing they received your green card application.
Getting your EAD card/work permit in the U.S. means that you are legally allowed to work in the United States due to obtaining authorization from the USCIS. EAD cards are usually valid for one year, and they are renewable and replaceable. When applying for a work permit, you can request either:
Related: Can You Work While Your Green Card Application is Pending?
There are two reasons that the USCIS might deny your work permit application. The first and most common is that your application form was filled out incorrectly. Usually, this happens when you do not complete the application correctly, forget to include a required document, or don’t sign the application.
The more uncommon reason a work permit is denied is that your green card application was approved quickly before your EAD card was processed. It doesn't happen often, but it’s not a bad problem—once you obtain a green card, you'll have no use for a work permit.
Applying for a work permit requires you to file Form I-765 with the USCIS and include the following documents:
If this is the first time you’ve applied for an EAD card in the U.S., you’ll also need to provide one of the following:
All applications can be filed through an online portal or mailed to your region's USCIS service center. There are different mailing addresses according to eligibility categories. All of the information must be correct and attached to the supporting documentation.
After submitting all the necessary documents, the USCIS sends a Receipt of Notice, usually in two to three weeks. Keep that notice: it contains the receipt number you need to follow up on processing your EAD card from the online portal.
The most important thing to do after getting approved to work in the U.S. is to get a Social Security number before you begin working. Previously, you must file a separate application with the Social Security office and await approval. As of late 2017, the USCIS updated the I-765 Form, allowing you to apply for your Social Security number and card through the EAD card application.
When beginning your new job, your employer will have you fill out an I-9 form, and you’ll have to provide proof that you can legally work in the U.S. All you’ll need for this is your work permit and Social Security card. If you have those two things, you’re ready to start working!
Once you’re working, it’s important to remember not to let your permit expire. If you forget to renew your EAD card on time, you’ll have to take a break from working until you get it renewed. You can renew your work permit up to six months in advance, and it’s important to start the process as soon as possible since it can take a long time for the USCIS to process the renewal application. To renew your EAD card, you must file another I-765 Form, two passport-sized photos, and a copy of your current EAD card.
Related: Green Card Renewals
Finding any type of employment can be challenging with a work permit or a valid visa. Many employers in the United States will ask for a visa or permit before offering a job. Even if you find employment, you cannot work while a work permit or I-765 is pending. Working without authorization puts your application and employer in a bad situation, meaning there could be legal consequences for all parties. It would be better to wait those few months to get your EAD instead of taking the risk of unauthorized employment that can cause issues with your immigration status.
While it may seem easy to work without alerting the USCIS, the agency has ways to find out. In the digital age, it is easy to keep track of workers. There are several ways the agency can discover you have worked a job without authorization. Once they have found the violation, grievous consequences will follow. Here are a few ways that the USCIS can detect you have worked at an unauthorized job:
The USCIS can be aware of an unlawful job by filing tax documents like Form 1099. With that, the agency will see that you have received income from an employer. If you are employed, the business must report their workers' wages. While tax forms are the Internal Revenue Service's jurisdiction, the USCIS can request that information.
Social media use is prevalent. With that, almost every activity is shared with followers online. It only takes a simple search, and the USCIS can see posts and pictures of you. If you are posting about an unauthorized job, that can lead to trouble for you. Social media doesn't even have to involve your account. Coworkers or friends might share a picture of you at work on Twitter, Facebook, and Instagram. What might seem harmless can lead to severe consequences. For that reason, you will want to limit any social media until after your application is approved.
Some individuals are tempted to work "under the table." That means there is no record of them working for the employer, or they work under an assumed name with false documents. Often, the employer will pay in cash to avoid any documentation. However, you are always at risk of being reported by a coworker, neighbor, or another person. These situations can happen in companies with multiple employees. A simple report can lead to a USCIS investigation.
Even if you work for only a few hours without an EAD card, it can cause immigration problems in the future. If you want to apply for a green card but have previously worked without authorization, the USCIS is much less likely to approve your green card application. Working without authorization can lead to you getting barred from entering the U.S. for anywhere from three to ten years, depending on the length of time you worked illegally.
There are other consequences of unauthorized employment in the United States; they include:
In some cases, removal proceedings can be initiated, especially if you have violated your status with unauthorized employment. If a person is found guilty, they risk facing deportation to their home country.
Anyone on a student visa must also think twice about engaging in unlawful work. All foreign nationals must abide by the rules set forth on the visa, including complying with labor laws. Even volunteering could be considered illegal work and make you ineligible to adjust or change your status.
Additionally, unauthorized work can put a hold on any status adjustment, making a person ineligible for a green card. You will be asked about engaging in unauthorized work during the status adjustment. If you lie, you have falsified information, but if you indicate working an unauthorized job, it jeopardizes your status. There are no-win scenarios when working an unlawful job.
Engaging in any unauthorized employment will lead to visa cancellation. If you want to reapply at a future time, that unauthorized work will remain on your record.
It’s not worth the risk to work without authorization; an immigration attorney can help you successfully file for your EAD card to avoid any immigration issues in the future.
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