What is the USA Work Permit? Who can request it and what are the requirements?

A USA work permit is a document that is issued to foreign residents in the United States, ensuring that immigrants comply with the Labor Law. These permits are requested by people who want to carry out a paid activity within the country or seek to be hired as university teaching personnel, among other requirements.

What is the USA Work Permit?

It is a permit granted by the United States government, which allows an immigrant residing in the United States to carry out a paid activity within the country. It allows foreigners to comply with federal employment laws, including the Labor Reform Act (NLRA) and other laws applicable to community work, such as the NIEA (National Institute of Environmental Health Sciences).

Who can apply for a USA Work Permit?

Any foreigner residing in the United States who wishes to carry out some remunerated activity within the country, either as an independent individual or an employee.

To apply for a USA Work Permit, the presentation and approval of:

  1. Original Permit to Enter by Visit (I-94) with maximum allowable time invalidated.
  2. Official documents issued by the state government where they will reside the following six (6) months after applying for the USA Work Permit (sent by certified mail or by hand).
  3. Recent passport size photograph.
  4. Copy of the document that proves identity, legalized if you are a foreigner. These can be: original valid passport with maximum allowable time invalidated and a US consular visa for foreigners temporarily residing within the territory previously approved by a federal court.

Some additional documents that could be requested

  1. Copy of the Federal Taxpayer Registry (IRS) or any document that proves the US Permit for Temporary Resident Aliens.
  2. Certificate of criminal record issued by the federal court where they will reside the following six (6) months after requesting a USA Work Permit, except if they reside in the special Indian jurisdiction.
  3. Copy of the certificate of secondary or university studies, if applicable.
  4. Certification issued by the federal court that they will reside the following six (6) months after applying for the USA Work Permit, where they declare that they comply with the pertinent legal conditions. This may be provided when it is not possible to present any of the aforementioned documents and only in exceptional cases. If you reside outside of the continental United States, it is necessary to present the original Permit to Enter by Visit (I-94) with maximum allowable time invalidated.
  5. Copy of the letter issued by the Department of Homeland Security stating that there is no legal impediment to the granting of the USA Work Permit (sent within or outside the United States).
  6. Application signed and stamped through a notary public if you reside outside the continental United States.

Temporary nonresident aliens can voluntarily petition the Department of Homeland Security (DHS) to receive a US Work Permit.

How should you submit your Work Permit Application To USCIS?

You can submit your application in two (2) ways: by correspondence or by completing it virtually. The virtual form is very convenient since you can pay by credit or debit card and you will be notified immediately after your request is received.

How can the form be completed correctly?

This form has been created so that applicants can easily complete it. First, you must include your name, contact information and similar personal data, then you must include the location of the place where you want to work, you must also inform about your planned work activities; such as the hours per week you need to be present for work and your educational level or experience in similar jobs.

What should you do if your US work permit expires?

In the event that your work permit expires, you can apply for a renewal if you still meet the requirements to receive a work permit. You will need to fill out the form in English again, and in the event that USCIS makes a mistake when issuing your work permit, you will be able to replace this document without paying an additional fee. It is important to mention that you must complete the procedure within 120 days before your work permit expires.

If you want more information about this procedure or need legal assistance during the process, do not hesitate to contact us at (909)319-7103 / 1 (800) 559-7170, visit us at 228 West C Street Ontario CA 91762 or contact us by clicking here. We have an expert legal team in processing work permits, so we will be ready to help you in everything you need.

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