To Get Work Permit In Usa

Getting a work permit in USA is not at all easy, but there are people who really want to work in US and get their permit here. So the best option is that they should contact some of the reputed organizations which are working in this field since many years and have a large community of clients.

Those looking to get work permit in USA, you need to meet eligibility requirements and must complete certain procedure in line. Meeting these criteria may help you to get the visa allowing you to legally reside and work in the US on a temporary or permanent basis.

The application process for obtaining a U.S. work permit (also called an employment authorization document or EAD) is fairly straightforward. You need to fill out a one-page form, attach the fee, photos, and documents proving you’re eligible, and submit it to U.S. Citizenship and Immigration Services (USCIS).

The catch, however, is making sure you are eligible. We’ll talk about both eligibility and preparing the application form here.

Who Is Eligible for a U.S. Work Permit?

A work permit is available only to limited groups of immigrants, usually those who are in the process of applying for adjustment of status (a green card) or who have some temporary right to be in the United States.

For example, EADs are available to K-1 fiancé visa holders, asylees, spouses of various visa holders, people with Temporary Protected Status (TPS) or Deferred Enforced Departure (DED), F-1 students experiencing economic hardship or seeking optional practical training (OPT), and so on. (For more detail, see Who Qualifies for a Work Permit in the United States?)

Also, don’t confuse applying for a work permit with applying for a work visa to the United States, such as an H-1B. This is a much more complicated application process. See this article on getting an H-1B visa for more on that. And a work permit is in no way equivalent to a U.S. green card, which means the person has permanent residence in the United States.

How Do I Fill Out USCIS Form I-765 for a Work Permit?

The form you will use to apply for a work permit is Form I-765, available for free download on the USCIS website. The following discussion refers to the version issued on 08/25/2020.

Most of the form is self-explanatory. You’ll fill in your name, contact information, and so on. On Question 22, they really do want your most recent entry into the U.S., even if you had been living here for a while and merely took a short trip abroad. “Manner of entry” asks about the type of visa you used to come in on.

Question 27 will probably require the most effort. You’ll need to look at the I-765 instructions (also on the USCIS website) to figure out which eligibility category you’re in.

For example, some of the most common categories include category (a)(5) for someone granted asylum, (a)(12) for people with Temporary Protected Status (TPS), (c)(3)(C) for students doing post-completion optional practical training, (c)(5) for J-2 spouses of a J-1 exchange visitor, and (c)(9) for anyone with a pending adjustment of status (green card) application.

If your category has only two letters or numbers (such as (c)(9)), don’t worry about the fact that there are three spaces on the form (formed by the parentheses). Just put the “c” in the second set of parentheses and the “9” in the third.

What Proof of Eligibility for a Work Permit Do I Also Need to Submit?

To prove that you qualify for a work permit, you’ll need to make a photocopy of whatever shows the status that you described in Question 29. For example, if you applied as an asylee, attach a copy of the asylum office letter or judge’s order granting you asylum. The instructions to Form I-765 detail which documents you need to submit.

Note, however, that if you are applying for the work permit at the very same time as you apply for the status that will give you the right to a work permit, such as for adjustment of status or TPS, you don’t need to include proof of eligibility. USCIS will figure out you’re eligible from the application you submitted.

Work Visa USA Types

There are several types of US work visas depending on the purpose and the kind of work that you want to do.

Here are the types of US Temporary Work Visas:

• H1B visa: Person in Specialty Occupation. To work in a specialty occupation. Requires a higher education degree or its equivalent. Includes fashion models of distinguished merit and ability and government-to-government research and development, or co-production projects administered by the Department of Defense.
• H-1B1 visa: Free Trade Agreement (FTA) Professional – Chile, Singapore. To work in a specialty occupation. Requires a post-secondary degree involving at least four years of study in the field of specialization. (Note: This is not a petition-based visa.)
• H-2A visa: Temporary Agricultural Worker. For temporary or seasonal agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.
• H-2B visa: Temporary Non-agricultural Worker. For temporary or seasonal non- agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.
• H-3 visa: Trainee or Special Education visitor. To receive training, other than graduate medical or academic, that is not available in the trainee’s home country or practical training programs in the education of children with mental, physical, or emotional disabilities.
• I visa: Representatives of Foreign Media. The visa allows journalists and those who work in the information or media sector to complete their work while in the US.
• L1 visa: Intracompany Transferee. To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge.  Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years
• P-1 visa: Individual or Team Athlete, or Member of an Entertainment Group. To perform at a specific athletic competition as an athlete or as a member of an entertainment group. Requires an internationally recognized level of sustained performance. Includes persons providing essential services in support of the above individual.
• P-2 visa: Artist or Entertainer (Individual or Group). For performance under a reciprocal exchange program between an organization in the United States and an organization in another country. Includes persons providing essential services in support of the above individual.
• P-3 visa: Artist or Entertainer (Individual or Group). To perform, teach or coach under a program that is culturally unique or a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. Includes persons providing essential services in support of the above individual.
• R-1 visa: Temporary Nonimmigrant Religious Workers. To help foreign nationals to come to the US and work in a religious organization. Only ministers and those who are directly tied to religious work are qualified.
• TN visa: NAFTA Workers. This visa allows lawyers, scientists, engineers, teachers from Canada to work in the US temporarily.
• O1 Visa: Visa for persons with extraordinary abilities. The O1 visa is for those who show expert knowledge in science, business, education, athletics, or art, including international recognition for their work.

US Work Visa Requirements

In addition to fulfilling the three qualifying preconditions, you will also need to have these documents:

• Valid passport – which needs to be valid for the entire duration of your stay in the US and an additional six months after you return
• US visa photo – which you need to upload when you fill out the online application form.
• The Receipt Number, which you can find on your approved Petition for a Nonimmigrant Worker (I-129 Form) which your employer filed.
• A confirmation page that you have completed your Nonimmigrant Visa Application (DS-160 Form).
• Receipt that proves that you have paid the application fee. For US work visas, the application fee is $190. There might also be additional fees that apply to your location, so you should check with your local US Embassy about more details.
• Proof that you will return to your home country after your work in the US ends. This applies to all types of work visas with the exception of the H-1B and the L visa. Examples of how you can prove you will return from the US include the following:
  • Submitting your economic situation
  • Your family relationships
  • Any long term plans you might have
  • Residence that you plan on returning to
• For those applying for an L Visa, you will also need to have a filled I-129S form (Nonimmigrant Petition Based on Blanket L Petition). You should bring this form with you when you have your visa interview.

Besides these general requirements, which apply to all those who want to get a US work visa, there might also be other documents which you need to submit. You should contact your local US Embassy for more detailed information.

Work Visa USA Application Procedures

If you have fulfilled the three prequalifying conditions and gathered the necessary document, then you qualify to start your application for the US work visa. The way you can apply is by completing the following steps:

Complete the Online Nonimmigrant Visa Application (Form DS-160) and print the confirmation page

The information you enter into the DS-160 form must all be correct. If you submit any incorrect information, the Embassy will have reason enough to deny you the visa. In addition, the DS-160 form is available in many languages, but your answers must be in English.

Schedule your interview

Due to the high number of applications that US Embassies receive, you should make sure that you schedule your interview as soon as you meet all the requirements. If you are younger than 13 years old or older than 80 years old, a visa interview is generally not required. As for people between the ages of 14 and 79, interviews are required, but there can be exceptions if you are just renewing your visa.

Attend the interview

Your interview and the information on the DS-160 form will serve for the US Embassy to make their decision on whether you should be given a visa or not. That is why, it is highly important that you show up to the interview on time, dressed appropriately, and with all the necessary documents. In addition, you should answer all questions as fully as possible, always giving true information. Visa interviewers are trained to detect when someone is providing false information, so if you do that, they will deny your visa.

Complete additional procedures

You will be required to give digital fingerprints before, during, or after your interview depending on your location, as well as pay any additional fees. After the visa processing, if the US Embassy gives you the work visa, you might also be required to pay a visa issuance fee. The amount of the visa issuance fee is determined based on your country of origin.

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