How do I get a work authorization for the United States? 2017-11-08T14:46:13+00:00

How do I get a work authorization for the United States?

Whether you want to consult with a Tallahassee immigration lawyer for work in North Florida or anywhere else in the country, it is a good idea to start with a basic understanding of the work authorization process.  If you are not a citizen or legal permanent resident of the United States, you must have employment authorization in order to work. There are three categories of individuals who are eligible for employment authorization:

Category 1: You may have authorization to work in the United States as a result of your non-immigrant status.

Category 2: You may have authorization to work for a specific employer as a result of your non-immigrant status.

Category 3: You may be in a category which requires you to file for permission to work.

As immigration lawyers in Tallahassee, we consult with many people who are unsure of what work they are allowed to perform based on their (or their friend or family member’s) immigration status.   Unless your immigrant status, such as that of an asylee, automatically permits you to work in the United States, you must apply for work authorization and an Employment Authorization Document (EAD). The EAD is what you will provide to an employer to prove you are able to work. Each EAD is usually valid for a specific amount of time, usually one year.

Foreigners who may apply for an EAD include international students visiting on a visa, adjustment applicants, fiances of a U.S. citizen, refugees, and asylees.

How do I apply for an EAD?

You must file the I-765 application by mail, along with other supporting documents, photos, and filing fees. These must be filed with the USCIS Service Center or District Office serving your location. For details on the application process and assistance in completing the necessary steps, it is advised to consult with an immigration attorney.

If my application is denied, can I appeal?

Though you may not appeal a decision, you have the option to submit a ‘motion to reopen’ or a ‘motion to reconsider,’ asking that the decision is reexamined. A motion to reopen must be supplemented by documents providing evidence of new facts, while a motion to reconsider can be applied in the case of an incorrect application of law or policy in determining the decision. As these motions require knowledge of the relevant laws and policies, an attorney should be contacted to guide you and represent you through this process.  TO see whether one of our immigration lawyers can assist you, contact us to schedule a consultation.  We can meet in our Tallahassee office or over the telephone or Skype if that is more convenient for you.