Work Authorization in the USA

Work authorization in the United States allows foreign nationals to work legally under specific visa categories or immigration statuses. Below is an overview of the various work authorization categories, the process for obtaining or renewing a work permit, who qualifies, the costs, and typical processing times.

Categories of Work Authorization

• Employment Authorization Document (EAD): Allows individuals in certain immigration categories to work in the U.S.
• Family-Based Visas:
  • Adjustment Based Visa: Available for beneficiaries that are applying for Adjustment of Status.
  • Victim Based Visas:
    • U Visa Visa: For applicants that are waiting for the U visa aproval - this is Deferred Action (C14)
    • Vawa Visa: For applicants that are awating their VAWA Petition - this is Prima Facia
    • Juvenile Visa: For applicants awaiting their SIJS approval and the current Priority Date for Adjsutment
  • Employment-Based Visas:
    • H-1B Visa: For specialty occupations requiring specialized knowledge.
    • L-1 Visa: For intra-company transferees from a foreign office to a U.S. office.
    • O-1 Visa: For individuals with extraordinary ability in sciences, arts, education, business, or athletics.
    • TN Visa: For Canadian and Mexican citizens under the USMCA.
  • Student and Exchange Visitor Work Authorization:
    • F-1 Visa (OPT and CPT): Optional Practical Training and Curricular Practical Training for students.
    • J-1 Visa: For exchange visitors in work-and-study-based programs.
  • Family-Based Employment Authorization:
    • H-4 Visa: Spouses of H-1B visa holders.
    • L-2 Visa: Spouses of L-1 visa holders.
  • Temporary Protected Status (TPS) and Asylum Seekers: Eligible to apply for work permits.

  Process for Petitioning Work Authorization

  Initial Work Authorization

  1. Eligibility Determination: Determine the appropriate work authorization category based on visa status or immigration category.
  2. Form Filing: Submit Application for Employment Authorization, with supporting documents to USCIS.
  3. Biometrics Appointment: Attend a biometrics appointment if required.
  4. Approval and EAD Issuance: Upon approval, receive an EAD as proof of work authorization.

  Renewal of Work Authorization

  1. Timely Application: File the Application for Employment Authorization for renewal before the current EAD expires, ideally 180 days prior.
  2. Documentation: Provide updated evidence of continued eligibility and current immigration status documents.
  3. Continuous Work Authorization: Certain categories, like H-4 and TPS spouses, may receive automatic work authorization extensions if the renewal is timely filed.

  Who Qualifies for Work Authorization?

  Eligibility depends on the individual's immigration status, including:

  • Nonimmigrants with employment-eligible visas.
  • Asylum seekers and refugees.
  • Individuals with pending adjustment of status applications.
  • Family members of U.S. citizens and lawful permanent residents under certain categories.

  Costs for Work Authorization

  The USCIS filing fee varies from: $0-$520 depedning on your Category. Some applicants may be exempt from this fee, or may need to pay an additional $85 biometric fee depending on their category, like DACA.

  Processing Times

  Processing times for Form I-765 vary based on service center workloads and eligibility category, typically ranging from a few months to over a year.