EMPLOYMENT AUTHORIZATION IN THE U.S.
"Work Permits"

8 C.F.R. 274a.12-14 (1998).

(c) 1999 VIKRAM BADRINATH, P.C. All rights reserved.


Introduction

In order to receive a "work permit" or employment authorization document, an alien may be required to make an application with the U.S. INS. Generally, there are three (3) categories of aliens who are eligible for employment authorization. First, there are persons authorized to be employed incident to their immigration status (e.g., a lawful permanent resident, an alien granted Temporary Protected Status, fiancee, etc.). Second, there are persons authorized to be employed incident to their immigration status with a specific employer (e.g., H-1B, L-1, O-1, etc.). And, finally, there are persons who must apply for employment authorization (e.g., applicants for asylum, withholding/cancellation of removal, orders of suspension, spouses and dependent children.)

An employment authorization document ("EAD") provides an alien with a pending adjustment of status application authorization to be employed during the processing period of the application (between the time the adjustment of status application is filed and the time the U.S. INS reviews the application). Although an alien's non-immigrant visa may be valid for a period after an Addjustment of Status application is filed, an EAD may be necessary during the interval for which the non-immigrant visa expires and the Adjustment of Status application is ultimately approved.

In addition, an EAD is required as proof of employment authorization for some non-immigrant categories, such as F-1 engaged in optional practical training and J-2s approved to work in the United States.

To apply for an EAD, the alien must fall within one of the above-referenced categories. F-1 Students may be employed given certain situations: they must 0be approved for F-1 Optional Practical Training by his DSO. See F-1 Optional Practical Training

Application Procedure

In order to request an EAD, each applicant must file Form I-765 with the U.S. INS. Such an application, may be filed simultaneously with an Application for Adjustment of Status at a local U.S. INS office. It should be noted, however, that some requests for employment authorization may be required to be filed with the regional INS Service Center with jurisdiction of the applicant’s place of residence.

For more information about receiving or applying for Employment Authorization, please contact us by email, telephone, or fax or schedule an appointment to have your individual case discussed and analyzed an attorney.