Phoenix Immigration LawyerImmigration Work Permit Attorney in Phoenix

Work Permits

Many people want to come to the United States because they seek work that is simply not available in their country. In addition, temporary visa holders and those with various applications pending before the USCIS may want to work during the period when their applications are pending.

In order to begin the process of working in the US, you need to complete and file Form I-765. While commonly referred to as an application for a work permit, the form is actually known as an Application for Employment Authorization. But first, it is important to understand whether you should be seeking a work permit, or a different authorization. This will depend upon your goals in entering the country.

If you or a loved one would like to obtain authorization to work legally in the US, and to find out what authorization you need, our firm can help. Call Castañeda Immigration Law today.

Do You Need a Work Permit?

A work permit, known as an employment authorization document (EAD), may be necessary in order for you legally to obtain employment in the US. In some cases, your visa status may include the right to work in the US. In other cases, you may need an I-765 authorization. It is important that you not perform paid work unless you have a work permit, or your immigration status allows you to do so.

Examples of those who may need a work permit are:

  • People who have been granted asylum in the US.
  • F-1 students enrolled in various academic programs.
  • Those who hold Temporary Protected Status (TPS).
  • Persons who entered the country on a K-1 fiancé visa).

These are just some examples of immigrants who may be eligible for and desire an EAD.

How Difficult is it to Get a Work Permit?

Getting a work permit does take time, but the process is often less cumbersome than for some other types of immigration applications. If is even easier if you are seeking a Green Card, and you file for a work permit at the same time you submit your Green Card application. Here are some facts about the work permit application process:

  • It currently takes around 6 months to obtain an EAD.
  • The fee for filing Form I-765 is just over $400. However, in some cases the fee could be higher (closer to $500) if you need to file biometrics (fingerprints, etc.) as part of your application.
  • Filing I-765. The form can be filed at the same time as your Green Card application, or independently of any other application. You will also need to know where to file the form, and what documents you need to submit with your application.
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The bottom line is that if you are eligible for an immigration status that would allow you to work, or if you currently have that status, you are eligible for a work permit. Examples of those who are ineligible for a work permit are undocumented immigrants, and those in the US as tourists under a B-1 visa.

Is a Work Permit the Same as a Green Card?

A work permit is not the same as a Green Card (Permanent Resident Card). In fact, the work permit is far more limited. While a work permit allows you to work in the US and serves as a photo i.d., the similarity between the two ends there.

First, as long as you abide by its terms, a Green Card usually allows you live and work permanently (with certain exceptions) in the United States. While you may need to renew the card every 10 years, your status ordinarily does not expire. Other differences include the fact that, as the holder of a Green Card, you cannot be deported to your country of origin, and this holds true even if there are future changes in the immigration laws. A green card also allows you to sponsor family members and includes additional benefits not applicable to those who simply hold a work permit, among them eligibility for social security and other government programs.

Phoenix Work Permit Immigration Lawyer

If you are a non-citizen who would like to be able to work in the United States, in most cases you will need an Employment Authorization Document, or work permit, in order to do so. At Castañeda Immigration Law, we are experienced in helping people in matters related to immigration. If you have questions about obtaining an EAD, or regarding any other immigration issue, call us at 602-560-3131. We have answers.

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