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If you are seeking an immigration benefit such as a green card but need to secure the right to procure gainful employment or you hold a nonimmigrant visa but are not yet eligible to work on it, you may need to apply for an immigration work permit. There are several situations where a work permit is required, but not all individuals legally authorized to live or carry out employment in the U.S. will need one or even qualify for one.
A Tuscaloosa immigration work permit lawyer could help you determine whether your circumstances require you to apply for this authorization. A dedicated immigration attorney could also assist you with other processes that often coincide with applying for a work permit, such as seeking permanent residence or asylum in the United States.
A work permit is not a work visa. There are multiple types of work visas that an individual could obtain, and these may be temporary or permanent. Some examples of temporary work visas include the H-2A visa for temporary agricultural workers, the H-1B visa for individuals who work in specialty occupations, L Visas for individuals transferring within the same company for a period of time, and the O visa, designed for individuals with extraordinary skills in certain professions. There are also permanent employment-based visas, such as E-1, E-2, and E-3 visas, commonly used by investors or treaty traders.
Many foreign nationals seeking to live and work in the U.S. will apply for a temporary work visa. These permits are considered nonimmigrant visas, although they can be extended for years, depending on the situation. In some cases, an individual can obtain a permanent work visa after a temporary one if their employer successfully petitions the U.S. government for the change of status, which can then provide a path towards a green card.
A work permit serves a different purpose. Whereas a temporary or permanent employment-based visa allows someone to stay and the U.S. for a definite or indefinite time, a work permit shows that the individual actually has the legal permission to work. Often, obtaining a work permit means that the individual can seek employment from any company they choose in the U.S., rather than being restricted to a specific employer. Additionally, people who have been approved for various work or non-work-related visas (i.e., asylum, the spouse of a holder of a work visa) may be eligible to apply for a work permit.
A work permit is known officially as an employment authorization document. Whether or not someone requires a work permit depends on the type of visa they have and/or their immigration status. For example, U.S. citizens and lawful permanent residents do not need a work permit, nor do individuals who have obtained a temporary work visa that entitles them to employment at a particular company. A Tuscaloosa attorney could help determine whether someone requires a work permit and walk them through the application process.
To apply for a work permit, a foreign national a foreign national seeking a visa, green card, or asylum status must file Form I-765 with U.S. Citizenship and Immigration Services.
Most work permits only remain valid for one year before requiring renewal. Renewing a work permit can between a few months and a year since the request has to pass through a review process. A lawyer in Tuscaloosa could see that the process is handled correctly, as the procedures for seeking a work permit will vary significantly based on the applicant’s situation and immigration status.
When you need to pursue authorization to work in the United States, it can be beneficial to retain a Tuscaloosa immigration work permit lawyer in the earliest stages to ensure that nothing falls through the cracks.
Additionally, if your work permit application is denied, you may still have legal options. However, to successfully file a motion to reopen your case, you must submit detailed supporting evidence demonstrating why the initial denial was unjust. To get started on either of these processes, reach out to a Tuscaloosa immigration work permit lawyer today. Our team could answer your questions and help you achieve your immigration goals.