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WHAT IS A WORK PERMIT?

IN SIMPLE TERMS, IT IS A PERMIT GRANTED BY THE UNITED STATES GOVERNMENT, WHICH ALLOWS NON-CITIZENS TO WORK LEGALLY IN THIS COUNTRY. HOWEVER, IT IS ONLY GRANTED TO THOSE WHO ARE ELIGIBLE ACCORDING TO THE VISA THAT ALLOWS THEM TO STAY IN THE COUNTRY.

The process of applying for employment authorization in the United States (also known as an EAD Employment Authorization Document) is relatively simple. First of all, if you are eligible you must fill out the one-page form along with the respective fee, photos, and other documents. The next step is to submit it to US Citizenship and Immigration Services (USCIS).

Contrary to what is commonly believed, employment authorization and work visas are different processes. Applying for a work immigration option in the United States, such as the H-1B visa, requires many more requirements.

Brooklyn Immigration Lawyer, Alice Antonovsky is here to be your ally in the immigration process. Contact our team for more information.


YOU ARE QUALIFIED
FOR A WORK PERMIT IF:
You have a visa that gives you the option to work.
You have been granted Deferred Enforced Departure (DED), Temporary Protected Status (TPS) or protected by NACARA (Nicaraguan Adjustment and Central American Relief Act).
You have a pending adjustment of status (green card) application.
You are a student on an F-1 visa with financial hardship or are applying for Optional Practical Training (OPT) and meet all requirements.
HOW TO APPLY FOR A WORK PERMIT IN THE UNITED STATES?

The official name of this employment authorization is the Employment Authorization Document (EAD). To obtain it, applicants must follow a series of steps that will be mentioned below:

  1. Download the I-765 application form, which is available on the official website of the USCIS (United States Citizenship and Immigration Services)
  2. Submit the application by mail, delivering the necessary documents according to the applicant’s eligibility category.
  3. Pay the fee corresponding to the I-765 form, it costs 410 USD. (Information updated in August 2022)
  4. Receive notifications from USCIS.
  5. Go to the biometrics appointment, if the case warrants it
  6. Receive your application approval, if approved, and obtain your work permit.
If you want to check if there are other qualification requirements,
SCHEDULE A CONSULTATION
WITH OUR TEAM OF EXPERT LAWYERS.
EMPLOYMENT AUTHORIZATION APPLICATION

If you are eligible and wish to apply for the EAD, it is a requirement to fill out form I-765, attach documentation that demonstrates that your profile meets the conditions and requirements to apply for a work permit, and attach photos and the current established rate. . Please note that you should review the instructions carefully because if you do not complete the form correctly, USCIS could deny your application. Some candidates are not required to pay the above fee. Submit your application to USCIS by mail. You will be able to get an answer only after a few weeks. To verify that the candidate qualifies for an employment authorization, you must attach a photocopy of the document that makes you eligible. For example, if you applied in the asylum category, you must attach a photocopy of the judge’s order or asylum letter. THE OFFICIAL USCIS WEBSITE provides detailed information and steps to follow to determine if you are eligible and what documents you require. Automatic extension period for a work permit in the United States

AUTOMATIC EXTENSION PERIOD
FOR A WORK PERMIT IN THE UNITED STATES

Department of Homeland Security regulations allow an extension of up to 180 days from the expiration date shown on the EAD. However, the Department of Homeland Security has issued a temporary final rule that increases the grace period. Beginning May 4, 2022, the Department of Homeland Security will temporarily increase and automatically renew the period by 360 days, up to 540 days total, for applicants eligible for renewal.

This temporary increase is available if you are a qualified extension applicant with a pending application filed to renew your Form I-765:

  1. before May 4, 2022, and the 180-day automatic renewal period has expired;
  2. before May 4, 2022, and the 180-day automatic renewal period has not expired;
  3. Before May 4, 2022 to October 26, 2023. If you file the Application for Extension of Form I-765 after October 26, 2023, the usual 180-day automatic renewal period will apply.
Categoría de elegibilidad indicada en el Formulario I-765 Descripción
Eligibility category indicated on Form I-765 Description Description
(a)(3) Refugee
(a)(5) Asylum
(a)(7) N-8 o N-9
(a)(8) Citizen of Micronesia, Marshall Islands, or Palau
(a)(10) Grant of Postponement of Deportation or Removal
(a)(12) Granting Temporary Protected Status
(a)(17) Spouse of an E nonimmigrant principal with an unexpired I-94 showing E-1 nonimmigrant status (which includes E-1S, E-2S, and E-3S) *
(a)(18) Spouse of a primary L-1 nonimmigrant with an unexpired I-94 showing L-2 nonimmigrant status (which includes L-2S) *
(c)(8) Asylum Application in Process
(c)(9) Adjustment of Status under Section 245 of the Pending Act
(c)(10) Stay of Removal Applications (filed before April 1, 1997) Cancellation of Removal Applicants Cancellation Applicants Under NACARA
(c)(16) Record Creation (Adjustment Based on Continuous Residence since January 1, 1972)
(c)(19) Pending initial application for temporary protected status (TPS) or application to extend TPS and USCIS determines that the applicant is prima facie eligible for TPS and can receive an EAD as a "temporary benefit"
(c)(20) Legalization under Section 210 (I-700 pending)
(c)(22) Legalization under Section 245A (I-687 pending)
(c)(24) Legalization under LIFE
(c)(26) Spouses of some primary H-1B nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status.
(c)(31) VAWA Self-Petitioners
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Applications for permanent residence and adjustment of status through employment were received and processed.
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of petitions for nonimmigrant workers were received and completed
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Two million applications for work visas were received during the period between 2016-2020 according to the USCIS report
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An employment authorization is also available to those who possess a temporary entitlement of some type in the United States. It is not necessary to have a job offer to apply for a work permit.

ASK OUR IMMIGRATION LAWYERS BEFORE SUBMITTING YOUR APPLICATION

We have a team of attorneys who are passionate about immigration issues and are committed to generating the best possible outcome in each case. We offer personalized attention to guarantee privacy and first-class service. We are experts in identifying the most appropriate legal route to guide our clients in the immigration process.

OBTAINING THE SERVICES OF AN IMMIGRATION LAWYER IS BENEFICIAL FOR CANDIDATES AS THEY DO NOT RUN THE RISK OF MAKING UNNECESSARY AND COSTLY MISTAKES AND LACK OF INFORMATION REGARDING APPLICATION PUBLICATION OR EXPIRATION DATES IS AVOIDED. Keep in mind that all people who offer help do not have the best intentions; You may encounter dishonest people. A common red flag is someone offering immediate approval at a price that is too cheap compared to the current market. The best advice is to hire certified professionals with legal training and remember that you can always verify the information received on the official USCIS website.

5 THINGS YOU SHOULD KNOW ABOUT
EMPLOYMENT AUTHORIZATION
1
Employment authorization is only valid for a specific group of immigrants, usually those who are in the process of applying for an adjustment of status (green card).
2
An employment authorization is also available to those who possess a temporary entitlement of some type in the United States. It is not necessary to have a job offer to apply for a work permit
3
Form I-765 is the only form used to request employment authorization and can be downloaded from the USCIS website.
4
The current application filing fee (2015) is $380. Young people who apply for DACA must pay an additional cost of $85 for biometric tests, for a total of $465. As USCIS adjusts its fees, you should check the current cost with USCIS.
5
If you send your request through the website, you can pay it with a debit or credit card or through an electronic transfer.
OUR IMMIGRATION SERVICES IN NYC
We have a team of attorneys who are passionate about immigration issues and are committed to generating the best possible outcome in each case. We offer personalized attention to guarantee privacy and first-class service. We are experts in identifying the most appropriate legal route to guide our clients in the immigration process.
If you are interested in scheduling an appointment with a competent immigration attorney in New York City,
SOME OF OUR AREAS OF EXPERTISE INCLUDE:
Employment authorizations
H-2 employment visas
Deferred Action for Childhood Arrivals (DACA)
Permanent residence
Visa Waive
Family Reunification
Citizenship and Naturalization
Political asylum
Refugee Status
Deportation Defense
FREQUENTLY ASKED QUESTIONS
How should I submit my work permit application to USCIS?
You can submit your I-765 application in two ways: by correspondence or by completing it virtually. The virtual way is very convenient as you can pay the fee with a debit or credit card; however, supporting documents must be submitted by correspondence. Remember to write down the correct address and choose a reliable courier service. The fee for fiscal year 2015 is $380 and in some cases candidates must also pay $85 for biometric exams.
The employment authorization is similar to the driver's license, it is a photo identification card which is issued by USCIS. Its main benefit is the permission granted to work in any area of ​​knowledge.
This form has been designed so that candidates can easily understand and complete it. First, you must include your name, contact information, and similar personal information. In question 12, you must provide the date of your most recent entry into the US, whether you have been living in the United States for a considerable amount of time and have only left the country for a short vacation.

The term Manner of Entry refers to the visa classification you used to enter the United States for the first time. Please note that you must answer all questions and answer according to the instructions. If you do not speak Spanish or prefer to have the advice of an immigration lawyer in New York, contact our bilingual team and ask any questions you have in mind. Call us at (718) 924-2896.
Thanks to employment authorizations, foreign nationals can work with full salaries and the waiting time to obtain the permit is not very long.
If your EAD expires, you can apply to renew it if you still meet the requirements to receive an employment permit. Recomplete Form I-765 in English. Please note that you must renew your EAD no later than 120 days before it expires. In the event that USCIS made an error when issuing your EAD, you can replace this document without paying any fee.
Every time an employer in the United States hires a new employee, they must verify that the candidate has the EAD or visa that allows them to work. Therefore, the permit that gives you the right to work is an essential document for you to be able to practice your profession.
If the error found on the card is the responsibility of the applicant, then the applicant must go to the locations where the corresponding form I-765 is submitted according to their eligibility category.

If the error is due to the USCIS authorities, the applicant will not have to pay the amount again or fill out the corresponding form. Instead, he must write a letter to the agency indicating his problem and explaining the error made.
Employment authorizations for people residing in the United States make it easier to obtain a driving license among other multiple benefits such as credits and loans.
The place of submission of the application will depend on the category in which the applicant is located and the reason why the application is being submitted. The list of addresses to which to contact depending on what was mentioned above is published on the official USCIS website.
Below is a list of people who can apply for a work permit in the United States:

  • Asylum with granted or pending status

  • People with approved humanitarian visa

  • Refugees, their spouses and children

  • Immigrants who are processing Permanent Residence

  • Visa students seeking a particular type of employment

  • Citizens of certain countries with temporary protected status

  • Some foreign officials

  • Boyfriends and husbands of US citizens

  • People with suspension or removal of deportation

  • People with DACA

  • People with VAWA

ADDITIONAL INFORMATION ABOUT
THE WORK PERMIT IN THE UNITED STATES
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The employment authorization is similar to the driver's license, it is a photo identification card which is issued by USCIS. Its main benefit is the permission granted to work in any area of ​​knowledge.
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Thanks to employment authorizations, foreign nationals can work with full salaries and the waiting time to obtain the permit is not very long.
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Every time an employer in the United States hires a new employee, they must verify that the candidate has the EAD or visa that allows them to work. Therefore, the permit that gives you the right to work is an essential document for you to be able to practice your profession.
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Employment authorizations for people residing in the United States make it easier to obtain a driving license among other multiple benefits such as credits and loans.
MEET ALICE ANTONOVSKY

Alice Antonovsky is an experienced immigration attorney, founder of the Law Offices of Alice Antonovsky who represents her clients in Immigration Court in the New York metropolitan area and surrounding areas. Her approach revolves around providing completely honest legal advice to her clients in order to prepare them for possible outcomes. Alice Antonovsky is recognized for her professional ethics and dedication to guiding her clients down the correct legal path.

Immigration attorney Alice Antonovsky is a member of the Phi Delta Phi Legal Fraternity, the New York State Bar Association, and the American Immigration Lawyers Association. Alice Antonovsky is a graduate of Thomas M. Cooley Law School, where she earned her law degree with distinction in 2005.

TO OBTAIN A CONFIDENTIAL CONSULTATION WITH THE LAW OFFICE OF ALICE ANTONOVSKY AND ITS MULTILINGUAL TEAM, WHERE WE WILL GLADLY ASSIST YOU.
Client Reviews
Michelle Holland
Michelle Holland
24. April, 2021.
I called desperately needing help finding the A-Number for a lost green card. Lital answered the telephone and quickly helped to resolve this problem. I was able to immediately complete the I-90 application. I will now refer all my immigrant friends to this law office!!! Thank you Lital!!!
Mircea Ghinda
Mircea Ghinda
9. December, 2020.
Alice is the best immigration lawyer I know. She managed my case very well and she kept me updated on my status all the time, that showed that in her office work only professional and skilled people. Alice and her team was constantly calling immigration to see if the case is moving as it should without any issues. I highly recommend others using this lawyer for their immigration needs.
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Anthony Shepherd
4. August, 2020.
My Wife and I are absolutely pleased with Alice and her crew! We had only a marriage based application but Alice took it to the next level. She explained everything from the beginning to the final. She’s very knowledgeable , friendly and helpful. The whole office crew are helpful. Whoever is looking for a top immigration attorney, look no further! Prices are also reasonable. ?
Galyna Sas
Galyna Sas
28. July, 2020.
Alisa Antonovsky The most professional immigration lawyer that I know! Highly recommend. Easy answered on my question and gave me a properly direction with my case. Thanks a lot. She tries to understand the case in depth and listens carefully. Her advice is very much careful. Thanks for Everything thing you done for me! I will definitely recommend Alisa Antonovsky to my friends.
manuchehr saidov
manuchehr saidov
13. November, 2019.
Alice Antonovsky is extremely knowledgeable, professional and outstanding immigration attorney.Highly recommended!!!
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17. October, 2019.
Brilliant lawyer worth it
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Brianna K
16. August, 2019.
I reached out to Alice because I needed help with my green card application process. She was very knowledgeable, professional and friendly. Her staff was easy to communicate with and friendly as well. All of my questions were answered right away, everything was handled on time. Alice was very helpful at preparing me for the interview, accompanied me and made me feel calm. I'd highly recommend her services!
 

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