Obtaining a work permit in the United States is often a misunderstood concept. I sometimes get inquiries from US business owners asking, “How much does it cost to get my right-hand man a work permit?” If only it were that easy. As we know, U.S. employers must check to make sure all employees are allowed to work in the United States. The work permit (known as an “Employment Authorization Document” by the immigration service) is one way to prove that a person is allowed to work in the United States for a specific time period. It is important to see a lawyer to determine eligibility for a work permit. This article focuses on the types of work permits that persons who have been in the United States in an undocumented manner could possibly obtain a work permit.

Work permits are usually issued to persons who are authorized to work in the United States because of their immigration status (for example, an asylee, refugee, or U nonimmigrant) and need evidence of that employment authorization. They are also granted to persons who have an application for an immigration benefit pending with the United States.

Here are 5 common ways that persons obtain a work permit:

Temporary Protected Status (“TPS”)-The government may designate a country[1] for TPS due to the following extraordinary and temporary conditions in the country. During a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases:

• Are not removable from the United States
• Can obtain an employment authorization document (EAD)
• May be granted travel authorization

Registration for TPS by Venezuelan nationals must do so by September 9, 2022.

DACA – You may request DACA if you:

1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007
4. Were physically present in the United States on June 15, 2012
5. Are currently registered or will register in school, have graduated or obtained a certificate of completion from high school, or have obtained a general education development (GED) certificate
6. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors (but these can be expunged in some cases)

An Application Named “Cancellation of Removal” is Pending in While the Immigrant is in Deportation Proceedings – Persons who are in deportation proceedings in front of an immigration judge and who have a Legal Permanent Resident or US Citizen parent, spouse or child under 21 years of age and have resided in the US for at least 10 years prior to having been put into removal proceedings, among other requirements, can apply for a work permit. This is a temporary permit that continues for the duration of the removal proceedings.

Asylum Application Pending – Generally, an applicant for asylum can apply for a work permit after the application was pending for only 150 days. Delays caused by the foreign national can require more time for work permit eligibility or complete disqualification.

U Visa or VAWA applications – During the application process (status for victims of crimes in the United States) work permits usually arrive between 2 and 5 years.

You do not need to apply for an EAD if you are a lawful permanent resident. Your Green Card (Form I-551, Permanent Resident Card) is evidence of your employment authorization.