What Does Authorized To Work in the U.S. mean?
You may be finding yourself asking that question. But what does it mean to be legally authorized to work in the U.S.? To be authorized to work means legally having the right to work in the United States. If you are a citizen of the U.S. you may work freely. Foreigners to the United States require authorization before they can work.
Navigating a Global Economy
It is of utmost importance that both employers and employees understand what it means to be authorized to work. We will talk about the most important aspects of acquiring authorization to work in the U.S.. We will discuss how to understand the intricacies of employment law.
Work Authorization
What does it mean? It is the permission granted legally by the United States government to be employed in some way in the country.
Work Authorization is Important
Work authorization is important because it serves as a major component of a country’s employment system in partnership with a country’s immigration system. It affects the global economy as well as the local labor pool.
· Regulating Employment-work authorization ensures that individuals are legally permitted to work within a certain country. This helps regulate employment and maintain the integrity of the labor market.
· Fair Competition-When work authorization is enforced, this helps countries promote fair competition. All job seekers have an equal opportunity to obtain employment and that is important to the integrity of the company as well as the integrity of the legal system.
· Rights Protection-work authorization protects the rights of employees and employers.
· Economic Contribution-legal workers are proving their eligibility to contribute to the locate and global economy
· Tax Compliance-Work authorization means the system of taxes will be a fair one and that income will be legally tracked in compliance with labor laws. It also keeps workers from being exploited.
· Economic Growth and Stability-Work authorization means the economy can grow and thrive in a stable environment.
How is Work Authorization Obtained?
Authorization to work in the United States can be obtained through several different ways. At least one of three documents is needed to be granted permission to work. These three are a work visa, an employment authorization document, or a green card.
Work Visa
Work visas are offered by the U.S. Department of Citizenship and Immigration Services and the Department of State. There are many types of work visas.
· H-1B visas-are offered for specialty occupations
· L-1 visas-are available for intracompany transferees
· O-1 visas-are offered to those individuals who have extraordinary skills or special talents or achievements.
· E-3 visas-this visa is only for Australian citizens with particular occupations in specialty fields (usually sponsored by employeres and tailored to fill very specific jobs)
Employment Authorization Document (EAD)
An employment authorization document is sometimes known as a work permit. It is a card that will be issued to you by the United States Citizenship and Immigration Services that allows you to work in the United States. Some examples of who may be able to obtain a work permit include:
· Individuals seeking asylum
· Students enrolled in OPT or Optional Practical Training
· DACA recipients (Deferred Action for Childhood Arrivals)
· TPS recipients (Temporary Protected Status)
· Spouses of individuals holding visas
· Applicants for adjustment of status
An EAD can be obtained through the United States Citizenship and Immigration Services by Submitting form I-765 with supporting documentation.
Green Card
If you have a green card, you have the right to work permanently in the United States. Green cards can be obtained through
· Family sponsorship
· Refugee or asylum status
· Employment
· Diversity Immigrant Visa Program
· U visa status
Are you Eligible for Work Authorization?
Eligibility to work depends on immigration status. Some individuals who may be eligible include:
· Permanent Residents/Green Card Holders, and applicants for adjustment of status
· Foreign Nationals with Work Visas
· Students and Exchange Visitors
· Refugees and Asylum Seekers
· DACA Recipients
· Dependents of Visa Holders
· Temporary Protected Status Recipients
What Documentation is Required to Obtain a Work Permit?
Required documentation depends on the specific category under which a foreign national is seeking employment authorization. However most categories require:
· Two Passport Photos
· Copy of Form I-94
· Government Issued Identification
· Previous Employment Authorization Documentation
Can my work authorization be revoked or expired?
Yes. In addition, employment authorization generally expires so it is necessary to pay attention to the expiration date.
Is Work Authorization Necessary for All Employment?
Yes. Work authorization is what makes any work legal. Therefore it is required for any and all work.
Do Students Need Work Authorization to Work while attending School?
Yes. Students who are working and going to school at the same time are required to have authorization through their school and/or a work permit to work legally.
Do I Need Work Authorization to Volunteer or Complete an Internship?
Maybe. Sometimes even volunteer work requires work authorization.
Hurtubise Weber Law
To be authorized to work means legally having the right to work in the United States. This authorization is of utmost importance in the workplace. Foreigners in the United States require authorization before they can work.
If you are seeking advice on how to obtain work authorization, contact us. We have offices in San Francisco and San Jose, however we operate fully virtually and can serve you wherever you are. For more information, or for help with documents, visit our website or call us at (415) 548-7067.