3/9/2023
Many immigrants who are not eligible for certain visas or permanent resident green cards find it necessary to apply for a work permit in the United States in order to make a living.
Since this is an important issue, we will guide you on how to obtain a temporary work visa in the U.S., where to do it, the requirements you must meet and the necessary steps to obtain your Employment Authorization Document (EAD).
What is a U.S. Employment Authorization Document (EAD)?
Basically, the work permit in the USA corresponds to a small card (I-766) that serves as proof that you can work legally for a certain period of time.
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Issued by the U.S. government, it tells companies/businesses how much time you can dedicate to work. By law and regardless of immigration status, employers must require this authorization.
How to apply for a work visa in the U.S.?
To apply you must fill out and submit the I-765 form that you will find on the USCIS (U.S. Citizenship and Immigration Services) website. We recommend that you download the latest version before filling it out because there may be changes.
In this document you must fill in your personal information and answer a series of questions that will determine the documentation you must provide to complete the process.
Keep in mind that you must follow the filing instructions exactly. The USCIS requires that applicants submit the form through the office that will process it. In the past, each applicant sent the paperwork to a logistics center, which then distributed it to the designated facility.
Sending Form I-765
Filling out this form is not complicated, but it does have some questions that may complicate things for you. Among them, you need to be aware of:
- Question 22. It refers to your most recent entry to the United States. This implies that if you went on vacation abroad or went to visit your country for a few days, that counts as your most recent departure/entry.
- Question 29. Many people find this question the most difficult because it asks you about your eligibility category. This is in the form instructions and on the USCIS website.
How much does the work permit cost?
Generally, the cost of filing the I-765 form is $410, but it depends on a few variables. If you are asked for any biometric requirements, the price increases. This is subject to several categories and implies an additional cost of $85:
- Those who belong to DACA (Deferred Action for Childhood Arrivals).
- Principal beneficiary of an approved immigration application associated with the job.
- Spouse or child of the principal beneficiary of an approved immigration petition for work.
When you apply for a work permit through a packet, such as the AOS or I-485, you do not have to pay the I-765. A complete list of who is exempt from the fee is in the instructions.
The renewal also costs $410 and if you do not have the money to pay for it, you can add the I-912 form to get the permit without paying anything, but you will have to prove that your situation meets the requirements to avoid the fee, such as receiving Medicaid benefits or that your income is below 150% of the federal poverty limit.
Documents to apply for work authorization in the USA
For all I-765 filers, the documentation to submit to the USCIS is as follows:
- Copy of the photo page of the passport.
- Copy of the passport visa.
- Copies of previous work permits (if you have them).
- Two recent passport photos (place your full name and alien identification number on the back of each photo).
- Copy of the USCIS receipt notice that your green card is pending. You submit this only if your sponsor has a green card, your sponsor is a U.S. citizen, and you are applying for work authorization after filing your green card application.
If you have not filed an I-765 before, you must also submit:
- Current photo ID and birth certificate.
- Copy of the visa issued by a country other than the US.
- Another national identity document with your fingerprint and/or photograph.
Who needs a visa to work in the United States?
People who need the Employment Authorization Document are those who have a non-immigrant status, such as an F-1 or M-1 visa. These documents allow you to stay in the U.S., but do not give you USCIS approval to work.
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The same applies if you have any of these pending applications:
- Form I-589. Application for asylum and withholding of removal.
- Form I-485. Application to register a permanent residence or adjust your status.
When you are a legal resident, you do not need to apply for an EAD. The green card gives you the right to work wherever you want. You also do not need to apply for a work permit when you have a nonimmigrant visa that gives you the authority to do so, such as the O, P, H-1B or L-1B.
According to the USCIS, when you meet the eligibility criteria for a family-based green card, you can also get work authorization. As long as you have an I-485 petition in process, you have the option to apply for the EAD.
How long does it take to process the work permit?
Usually the response time for your application is between 2 and 3 months, after which you will receive a notification, either affirmative or negative.
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If the resolution is positive, you will receive by mail your EAD card that will allow you to work in the United States. If the decision is negative, the reasons why you could not be approved will be explained to you, so that you can try to solve them, if possible.
What is the duration of the visa to work in the United States?
The validity of a temporary work permit in the U.S. is one year from its issuance. Its renewal depends on the type of visa you have been granted, and you can renew it multiple times or only once.
The deadline to apply for renewal begins when there are 180 days left to its expiration, but do not wait until the last moment to avoid any unforeseen event that could cause your permit to expire without having been able to renew it.
Esapañol: Cómo obtener un permiso o visa de trabajo en Estados Unidos