Foreign nationals who are temporarily in the United States and seek employment are required to obtain an Employment Authorization Document (EAD) from the United States and Citizenship Services (USCIS) prior to commencement of employment. It bears noting that U.S. citizens and lawful permanent residents do not require any type of work authorization to work in the United States.

Some examples of individuals that may need an EAD include: asylees and asylum seekers; refugees; students looking for certain types of employment (F-1/J-1); immigrant visa applicants adjusting to permanent residence status; applicants for temporary protected status (TPS); fiancé(e) of U.S. citizens; dependents of foreign government officials; certain B-1 nonimmigrants (personal or domestic servants); and spouses of certain nonimmigrants (E-1/E-2 treaty trader or investor, and intra company transferees).

In addition, individuals who are currently in non-immigrant temporary work visa status (such as a H-1B or L-1) are permitted to work legally in the U.S. for their petitioning company and do not require an EAD. For these individuals, their passport and Form I-94 (arrival-departure record) establishes work authorization under the designated nonimmigrant status.

An EAD is issued for a specific period of time based on the foreign national's immigrant status in the U.S. Generally, it is valid for either one-year or two-year duration and must be renewed periodically. Equally important is that USCIS allows EAD holders to file for renewal of EADs once they expire – usually on an annual basis (applicants for adjustment of status may be eligible for two (2) year extensions of their expiring EAD's if their immigrant visa number is unavailable).
 

Employment Categories and Work Authorization

In order to understand the various types of work authorization available, we provide a summary below:

Employment with any employer – As mentioned above, individuals who possess a valid "green card" or EAD are authorized to work with any employer. They are not restricted to work with a specific employer.

Employment with specific employer – Individuals in H-1B or L-1 status are authorized to work in the U.S. only with their petitioning sponsor. They are not permitted to work with other employers without specific approval from USCIS.

Students – Students in F-1 status are authorized to work part-time (less than 20 hours a week) for the university that they are attending. Upon completion of their academic studies, students may be eligible to apply for Optional Practical Training (OPT). The OPT program allows individuals to work for up to twelve months at a job that is related to the individual’s field of study. OPT may be further extended for an additional seventeen (17) months if the student was enrolled in a STEM degree program (Science, Technology, Engineering, Mathematics) and if the hiring employer is enrolled in the voluntary employee verification E-verify program.

E and L spouses – Spouses of principal E-1 or L-1 visa holders are authorized to work with valid EAD cards. As with other EAD holders, they may work with any employer of their choice upon approval of their work authorization request.

LIFE Act – K-3 and K-4 – Individuals on K-3 or K-4 visas are authorized to work with valid EAD cards. These individuals may apply for work authorization to work in the United States while they wait for their adjustment of status to be approved by USCIS.
Applying for Work Authorization

Individuals who are eligible to receive work authorization must file the application with the USCIS service center having jurisdiction over an applicant’s immigration file. USCIS generally adjudicates application for EADs within 90 days from the date it receives the application.

If the applicant has not received a decision within 90 days of receipt by USCIS, the applicant may obtain interim work authorization by applying at the local USCIS district office. The applicant must bring proof of identity and any notices that he or she has received from USCIS in reference to the application. Upon approval of the application, the EAD will be mailed to the applicant's last known mailing address.

Generally, an EAD is valid for one year and one should apply for a renewal EAD six months before the expiration date. Adjustment of status applicants should apply for renewal four months prior to the expiration date of their current EAD to ensure the validity of their work permit and continuation of employment.

Conclusion

The work authorization program allows certain qualified foreign nationals who are in the U.S. to seek temporary employment during their period of stay in the U.S. This also serves as an effective way for U.S. employers to ensure that the workers they hire, regardless of citizenship or national origin, are allowed to legally work in the United States.

Please note: Immigration laws and regulations are constantly changing and this article is provided for informational purposes only and is not to be construed or relied upon as legal advice under any circumstance. Please refer to our legal disclaimer for additional details.


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