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| Work Visa and Work Permit – Are They the Same Thing? |
People often get confused when you start talking about a work visa and a work
permit. If you are a foreign national and you want to work in the US you
will have to have one or the other. But which one do you need. Let’s take a closer
look at both the terms and learn how you connect to it.
A work visa can be defined as an endorsement by authorities that give you permission to enter the US for the purpose of work. It denotes that an applicant has applied, been examined, and approved for the visa being sought. On the other hand, work permit is a generic term applied where a person have been given legal authorization to accept employment. In the context of this article it is used in reference to where a person is given permission to work in a country where they do not hold citizenship.
In this article we want to concentrate on work permits for the US, specifically the Employment Authorization Document or EAD, issued by the US Citizenship and Immigration Services. What is the EAD and when does an individual need a work permit or EAD to work in the US?
What is an Employment Authorization Document (EAD)?
US immigration law requires all US employers to check and make sure that all employees, regardless of their citizenship or national origin, are allowed to work in the United States. If you are not a US citizen or lawful permanent resident (with proof of permanent resident status), you will have to have a work visa or an Employment Authorization Document (EAD) to legally work in the US. If you are a foreign national without a work visa you may need to apply for an EAD to prove your authorization to work in the US.
Who is Eligible to apply for an Employment Authorization Document (EAD)?
US immigration law is very specific about who can and cannot work in the US, and who may therefore be issued an Employment Authorization Document (EAD). The categories that require an Employment Authorization Document (EAD) include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of US citizens; and dependents of foreign government officials. The immigration regulations or the EAD application (Form I-765) have a complete list of the categories of people who are eligible to apply for an Employment Authorization Document (EAD) to be able to work in the United States.
Who does not need an Employment Authorization Document (EAD)?
US citizens do not need an Employment Authorization
Document (EAD).
Lawful permanent residents and conditional permanent residents do not need an Employment Authorization Document. Their Alien Registration Card (green card) proves that they may work in the United States.
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| Did you know? |
| A work permit is applied when a foreign national is in US, whereas a foreign national seeking to work in the US must obtain a work visa to enter the US. |
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Foreign nationals with a work visa that authorizes them to work for a specific employer, such as a foreign government, do not need an Employment Authorization Document. Their passport with a valid visa and Form I-94 (Arrival-Departure Record) proves that they are authorized to work in the United States.
How Do I Apply for Employment Authorization Document (EAD)?
Employment Authorization is applied by using USCIS Form I-765, Application for Employment Authorization. The application is submitted, together with supporting documentation, to the office with jurisdiction over the category that you qualify for. This could include one of the USCIS Service Centers, the National Benefits Center, or in some cases with the US State Department (who will then forward the application to the USCIS). Some individuals may be eligible to file Form I-765 electronically.
The supporting documentation includes proof of your current status (passport ID page, visa, and I-94), proof of identity (previous EAD or copy of government-issued photo ID), and 2 passport style color photos.
Conclusion:
As much as you may wish to work while you are in the US you must meet one of the specific categories of individuals that are allowed to work during their authorized stay in the US. In some of these categories your visa will give you the authorization to work for a specific employer. In other cases you will have to obtain an Employment Authorization Document from the USCIS. Not everyone is eligible to apply for an EAD so you must carefully check the requirements before filing. With the high filing fee failure to determine eligibility can be a costly mistake.
Our experienced immigration staff would be happy to assist you in determining eligibility and filing the application.
Contact VisaPro if you have any questions regarding the H-1B, or need help in filing the H-1B Visa. Our experienced attorneys will be happy to assist you.
We also cover the latest happenings on various other work visas in Immigration Monitor, our monthly newsletter. Click here to subscribe to Immigration Monitor.
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