Employment Authorization Documents

An employment authorization document, or work permit, allows you to legally work as you are living in the U.S. Employment authorization documents are often granted to individuals who have applied for a green card while living in the U.S. and are waiting for its approval, but there are other situations where other individuals may also apply for this permit. For instance, those with an F-1 student visa or K-1 fiancé visa may also apply for a work permit for specific situations where they may be eligible.

Process of Getting Employment Authorization

All individuals who want to acquire an authorized work document will need to file form I-765. However, the type of evidence you need to provide along with this form will depend on your situation and the type of visa or green card you hold. Some types of evidence you may need to provide, depending on your situation, include evidence of economic hardship, your passport, passport-style photos, and proof of your green card application.

No matter what your current status is in the U.S., you should hire an employment authorization attorney before you start this process. An attorney will ensure you fill out the form correctly and include documentation that is essential for your situation. They can also help you deal with any issues you may run into, such as needing to provide more information for your work permit to be approved.

Will an Employment Authorization Document Expire?

Another thing that immigrants need to understand is that employment authorization documents expire in the same way that most visas do. You will need to know how long your work permit will last and when you will need to start the process for renewal or replacement. If your document expires, you will no longer be legally able to work in the U.S., which can lead to you losing your job or facing penalties if you continue to work.

The process of renewal is very simple as you just have to fill out a new form and pay the filing fee. If you have to replace your work permit due to it being lost or stolen, you just have to follow the same process of re-filing the form and waiting for your permit to arrive.

Why Immigrants Need Employment Authorization

Ensuring that you have employment authorization before you begin working in the U.S. is crucial for anyone who is in the immigration process. If you already have your green card, this is not necessary since a green card already provides work authorization. The same goes for anyone who has a non-immigrant visa.

For immigrants who have not achieved legal status in the U.S. or have not obtained their visa yet, the last thing you want to do is start working. Not only is it almost impossible to find employment without the right documentation, but this can result in extensive penalties from the United States government. Those caught working without authorization could even face being barred from the U.S. for 3 to 10 years. Working without authorization will also put any of your pending visas at risk.

A common mistake individuals make is thinking that they do not need a work permit for certain kinds of work. In the U.S., even working for a few hours or working in a non-formal way is considered employment, which you need a permit for.