Do I Need a Special Work Permit to Work in the United States if I Am an Immigrant?

¿Necesito un Permiso Especial para Trabajar en Estados Unidos si Soy Inmigrante?

Doubts about the procedures that a person must carry out to guarantee a legal and peaceful stay in the United States can be quite broad. Of course, one of the most common can be: How to process a work permit effectively? and How can conflicts that could harm the process be avoided?

The U.S. Citizenship and Immigration Services (USCIS) stipulates that absolutely all American employers must ensure that their employees, regardless of their nationality, are authorized to work in this country, which guarantees to the state the legality of its inhabitants.

Therefore, avoiding from the outset engaging in any type of work with economic compensation without documents is essential to generate a healthy and above all ethical process. Remember that it is better to opt for the legal route regardless of what the case may be and/or the time it may take, in addition to having an attorney for undocumented workers who can handle your case without forgetting any point that may be important.

To prove that you have a work permit in the United States for a specific period of time, you need an Employment Authorization Document (EAD), which may vary depending on the case.

For spouses of U.S. citizens, the work permit application is normally submitted as part of the initial residence card application package which will gradually make it easier for you if you want to carry out subsequent procedures.

Only if you are a permanent legal resident do you not need an EAD. In this case, your Green Card is the evidence of employment authorization; you also do not need it if you have a non-immigrant visa that authorizes you to perform professional work for a specific employer, for example, an H-1B, L-1B, O, or P visa. Also, keep in mind that you will not be able to submit a work permit application until you submit the residence card application (Form I-485). In the case of spouses of residence card holders, they must wait for a visa number before submitting the I-485, which has an average waiting time of between 19 to 25 months.

On the other hand, spouses of American citizens do not have to wait for any visa number, since they can submit their work permit applications with the initial application package that contains the I-485 directly. At Conexión Legal we have immigration attorneys for the case you need; contact us through WhatsApp or Schedule your Consultation and explore solution alternatives for your case.

How to Process a Work Permit?

Currently, given the situation caused by the COVID-19 pandemic, only some USCIS local offices and asylum offices have resumed services to process work permits in person for non-emergency documents as of June 4 and taking optimal precautions to prevent the spread of the virus.

Depending on your situation, the collection of data, documents, and complications that may occur due to bureaucratic issues, the residence card will normally take between 10 and 13 months to arrive; however, with the restrictions that the pandemic could cause, it could currently take even longer.

Only in case of having your own residence card will you be able to automatically generate permission to work with any type of American employer, without needing to process an additional permit.

As we mentioned earlier, having support with this type of procedure from an attorney for undocumented workers will ensure that your situation is handled in the best possible way and will avoid setbacks that generate even more delays. Contact Conexión Legal by phone or WhatsApp and allow us to advise you.

Follow the steps in the following form to schedule your free consultation appointment.

Conexión Legal
Follow us on social media

Stay informed with topics of legal interest

Stay ahead in the legal world with our regular updates and expert analysis on the latest legal developments. Whether you are dealing with regulatory changes or managing legal disputes, we provide the support you need.

Have you had a construction accident in the United States?

Don't wait. Legal deadlines for filing a construction accident claim are limited. Our attorneys are ready to assist you today in Spanish.

Project Image
Trustpilot
ContáctanosLlámanos ahora