Open Work Permit In Usa
I have got all data about the USA work permit program for foreign citizens, and gathered the information in this article for you. The USA non-immigrant visa program is an attractive option for those people who want to get education or training from high level in the USA.
If you are from a foreign country and want to work in the US, then there is a special visa that you can apply for. This article will walk you through the details of obtaining an open work permit in the US. The first thing that you need to consider if you are a foreign national who wants to work in the US is whether or not you have what it takes to qualify for an open work permit. The employer has to demonstrate that he looked into getting labor locally and was unable to hire anyone before he turned his eyes to the foreign talent pool.
A work permit allows a foreigner to work in the United States on a full-time or part-time basis. The foreign national must qualify for a visa, which stipulates the kind of work they are allowed to do while in the United States.
Open Work Permit In Usa
The decision could open the door to tens of thousands of skilled overseas nationals every year and a similar number of their dependants. The new initiative will go some way to counter what is a growing skills shortages in many industries, notably engineering and IT.
What is the difference between a Work Permit and a Work Visa?
Many people confuse Employment Authorization Documents (Work Permits) and Work Visas, so if you’re not sure of the difference, you’re not alone.
A Work Visa allows you to live in the U.S. and work for a specific employer. That employer applies for the visa for you, and the visa will be valid for as long as you continue working for that employer. However, you may only work for that employer while in the U.S. If you leave that employer, you will not be able to work for anyone else until you get another immigration status.
Employment Authorization Documents (Work Permits) are not tied to a specific employer. Once you have a Work Permit, you can work for any employer in the U.S. You will need to renew your Work Permit every year, though, and you will only be able to renew if you have an immigration status that allows you to keep working.
U.S. employers must confirm that you are legally authorized to work before they hire you. Once you have a Work Permit, you can show it to potential employers to prove that you can lawfully work in the U.S.
What happens if I work without a Work Permit?
Working in the United States without a Work Permit is very dangerous. If you work without authorization, the government may deport you. They may also bar you from entering the U.S. for 3-10 years, and you may have a much harder time trying to get temporary or permanent status in the future. For example: if you don’t have a Work Permit and work while in the U.S. on a visitor visa and later apply for a student visa, the State Department will almost certainly reject your student visa application.
You also need a work permit for short-term or “under the table” employment. Even if you only get paid for working a few hours, working without authorization can cause serious immigration problems for you down the road.
The bottom line? Do not work in the United States without a Work Permit.
The good news is that applying for a Work Permit is easy! If you submit an application for a Green Card at the same time, it’s also free!
ImmigrationHelp.org can help you with our free online tool. Read on to learn more.
Who is eligible for a Work Permit?
Many immigrants can apply for a Work Permit from U.S. Citizenship and Immigration Services (USCIS). USCIS provides detailed information about who is eligible to work in the U.S. on its website. Eligible immigrants include:
- DACA recipients
- K-1 Fiance Visa holders, asylees
- Immigrants with pending adjustment of status (Green Card) applications
- Immigrants with extraordinary abilities
- Spouses of some visa holders
- Immigrants with Temporary Protected Status (TPS) or Deferred Enforced Departure (DED),
- Certain exchange visitors
- Approved “temporary workers”
- F-1 students who are experiencing financial hardship who want to apply for optional practical training (OPT)
You can find a complete list of immigration statuses that allow you to work in the U.S. on the instructions for the USCIS Work Permit application Form I-765.
Who isn’t eligible for a Work Permit?
Work permit eligibility is straightforward.
If you are eligible for an immigration status that will allow you to work or have that status already, you can get a Work Permit.
If you aren’t eligible for this type of immigration status, then you can’t get a Work Permit.
Tourists (B-1 visa holders) and undocumented immigrants are not eligible for Work Permits. USCIS will not issue Work Permits to these immigrants, and it is illegal for U.S. employers to hire them.
If you are a B-1 Visa Holder or undocumented immigrant, and need to work in the U.S., speak with a lawyer or legal aid clinic before you do any work. You may be eligible for a status that would allow you to get a Work Permit, and working without a permit can make it impossible for you to obtain that status.
Who can work without applying for a Work Permit?
Green Card holders (lawful permanent residents) do not need to apply for a Work Permit. Your Green Card authorizes you to work in the U.S. for as long as it is valid! If your employer asks for proof that you can work in the U.S., you can show them your Green Card.
You also don’t need to apply for a Work Permit once you become a U.S. citizen. If your employer asks for proof that you can work in the U.S., show them your U.S. passport or naturalization certificate.
If you have an employment visa, you don’t need to apply for a separate Work Permit. This rule applies to immigrants with visas like the H-1B Visa L-1 Visa, E-3 Visa, and E Treaty Trader or Treaty Investor visa.
How to apply for a Work Permit (in 5 easy steps)
Now that you understand what Work Permits are and who can get them let’s talk about the application process. There are five easy steps that everyone who applies for a Work Permit must follow.
Step #1 – Apply for an immigration status that will allow you to work
To get a Work Permit, you need to have an immigration status that allows you to work in the U.S. If you already have this type of status, or if you are in the process of applying for it, you can move on to Step #2.
Step #2 – Prepare Form I-765
You will use USCIS Form I-765, Application for Employment Authorization, to apply for a Work Permit.
Form I-765 is pretty simple. You’ll fill in your name, contact information, and information about why you are eligible.
There are only a few tricky questions:
- Question 22 – You need to list your most recent entry into the U.S., even if you have been living here for years and only left for a short trip. “Manner of entry” refers to the visa you used to enter the U.S. after your most recent trip abroad.
- Question 27 – You need to choose the correct code for the reason you are eligible to work in the U.S. You can find these codes in the Form I-765 instructions. Some of the most common categories are (c)(9) for immigrants who have applied (or are currently applying) for a Green Card, (c)(3)(C) for students doing OPT, (a)(5) for Asylees, (a)(12) for Temporary Protected Status (TPS) recipients, and (c)(5) for spouses of J-1 visa holders.
Step #3 – Prepare your supporting documents
You will need to submit six supporting documents with your Form I-765 to get a Work Permit:
- A copy of your passport photo page
- A copy of your current U.S. visa (if you are in the United States already). This visa will almost always be in your passport.
- A copy of your original Form I-94 travel record (front and back), or a printout of your electronic I-94, from your most recent entry into the U.S. You can get your electronic I-94 online.
- Copies of any of your previous work permits (front and back)
- Two 2-inch-by-2-inch passport-style photos of yourself taken recently (print your full name and Alien Registration Number on the back of each with a pencil or felt-tip pen)
- A copy of the “receipt notice” you received from the U.S. Government when you submitted your immigrant visa application. You only to provide this if you are applying for a Work Permit after you submitted your immigrant visa application. If you apply for permanent residence at the same time as your Work Permit, you do not need to send in a receipt notice.
If you have never had a work permit before, you will also need to send one of the following forms of identification documents with your Form I-765:
- A copy of your Birth certificate from your home country and a copy of a photo ID
- A copy of a visa you received from a consulate of a country other than the United States
- A copy of some other national identity document that has your photo or fingerprint on it.