Law Explained

Permission to Work (Permiso de Trabajo)

Permission to Work (Permiso de Trabajo)

This article details what employers can and cannot do regarding requiring proof of permission to work in the United States:


If you are an immigrant in the United States and you want to work, you may need a document that proves your eligibility to engage in paid employment. However, many types of immigration relief require a waiting period (e.g., 150 days) before a person can apply for permission to work. When someone becomes eligible to apply for permission to work with USCIS, I can prepare the application package, which must include multiple documents. I submit the application to the appropriate USCIS department, and then we wait for USCIS to process it. Waiting times for the actual Employment Authorization Document (EAD) card to arrive may take months to over a year. Clients can choose to have the card mailed to their address or my office. Usually, people prefer to receive their card at their address as it allows them to obtain it more quickly. Once someone has received an EAD card, it is important to renew it well in advance of its expiration. I keep track of my clients’ eligibility for an EAD and ask them to inform me when the expiration date is approaching on this document. I also assist clients with renewal applications. Typically, within 30 days of receiving a renewal application, USCIS will mail the applicant a letter stating that they are processing the renewal. This letter should be sufficient for employers until the person receives their renewed card in the mail. Additionally, on the actual EAD application, we can request that a Social Security number be generated for the applicant if they do not already have one. This number will be included on all new EAD cards for individuals who have requested a Social Security number, which links them to their U.S. work (source: https://www.ssa.gov/policy/docs/ssb/v69n2/v69n2p55.html).

If you encounter problems regarding permission to work or you need assistance with the application, please contact me at J R Wiltshire Law. Hablo español y te puedo ayudar.

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