A work permit, also known as an Employment Authorization Document (EAD), is issued by the United States Citizenship and Immigration Services (USCIS) to foreign nationals, allowing them to work in the US. It is a simple card that authorises individuals to work in the country without restrictions. However, it is important to note that a work permit does not automatically grant permission to travel or re-enter the US. For travel purposes, individuals may need to apply for a travel document or a visa, depending on their circumstances.
Characteristics | Values |
---|---|
Purpose | Allows foreign nationals to work legally in the U.S. |
Who is it for? | Nonimmigrant visa holders, visa holders who apply for a green card, dependent visa holders, international students, refugees, etc. |
Application | File Form I-765 with the USCIS |
Validity | 1 or 2 years |
Travel | Yes, but additional travel documents may be required for reentry into the U.S. |
What You'll Learn
Travel internationally with a work permit
A work permit, also known as an Employment Authorization Document (EAD), allows you to travel internationally. However, there are a few things to keep in mind.
Firstly, the rules and regulations for re-entry into the country you are travelling from differ per country. For example, if you are living in the US and have applied for a green card, you will need to apply for a travel permit or "advance parole" to be able to travel abroad without nullifying your green card application.
Secondly, if you are travelling on a work permit, you may need to obtain additional travel documents, depending on your country of origin and the country you are travelling to. For instance, if you are travelling to the US, you may need to apply for a visa from the US Department of State (DOS) unless a visa is not required for your country of origin.
Thirdly, it is important to remember that a work permit does not guarantee entry into a country. For instance, if you are travelling to the US, the US Customs and Border Protection (CBP) officials at the port of entry have the authority to permit or deny your admission into the country.
Lastly, the validity period of a work permit varies depending on your immigration status and the reason for which it was issued. Work permits are usually issued for a specific duration, often one to two years. Therefore, it is essential to check the expiration date on your work permit and renew it if necessary before travelling.
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Work visa vs work permit
A visa and a work permit are both legal documents required for working abroad, but they serve different purposes. A visa allows an individual to enter a country and stay there for a specific period. On the other hand, a work permit authorises an individual to work in a specific country for a specified period.
Visas
Visas are issued by governments and come in the form of a physical sticker placed inside an individual's passport. They include personal information such as name, date of birth, and purpose (worker, student, or visitor). Visas are typically granted for a limited time and can be single-entry or multiple-entry. The requirements for obtaining a visa vary depending on the country and the type of visa being applied for. For instance, a work visa may require a job offer letter or other employment-related documents.
Work Permits
Work permits are necessary for legal employment in a foreign country and are usually required in addition to a visa. The requirements for obtaining a work permit vary depending on the country and the nature of the work. Some common documents needed include a valid passport, proof of education or experience, and an employment contract. Certain jobs may also require a medical exam and a criminal background check.
Visa-Requiring Countries
In some countries, such as Canada, a visa is required for entry, even for those coming from non-visa-requiring countries like the US or EU. In such cases, individuals must obtain both a visa and a work permit to legally work in Canada. It is important to note that visas and work permits have different expiration dates, and failing to comply with their terms can impact an individual's ability to travel to or remain in the country.
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Who is eligible for a work permit?
A work permit, also known as an Employment Authorization Document or EAD, is issued by U.S. Citizenship and Immigration Services (USCIS). It is a photo identity card that proves the holder's right to work.
There are several categories of people who can apply for a work permit. These include:
- K-1 fiancé visa holders
- Applicants for asylum who have been waiting 150 days or more for a decision
- People granted withholding of removal
- People with a pending application for a green card
- Spouses of various visa holders
- People with Temporary Protected Status (TPS) or Deferred Enforced Departure (DED)
- F-1 students experiencing economic hardship or seeking optional practical training (OPT)
- Nationals of Cuba, Haiti, Nicaragua, and Venezuela who were recently paroled into the U.S.
- J-1 exchange visitors who can show that income is not necessary to maintain their status
- M-1 vocational students planning post-completion optional practical training (OPT)
- Domestic servants of certain nonimmigrants who were permitted entry to the U.S. on B-1 visas
The above list is not exhaustive, and there are several other categories of people who are eligible for a work permit. It is important to note that tourists (B-1 visa holders) and undocumented immigrants are not eligible for a work permit in the United States.
What jobs can you have on a work permit?
A work permit allows you to travel, but it's important to note that the rules and regulations surrounding work permits vary depending on the country and your specific situation. Typically, a work permit is granted to noncitizens who want to work in a particular country. Here are some examples of jobs that often fall under the scope of a work permit:
- Specialty Occupations: This includes jobs such as fashion models, physicians, and participants in specific projects. These positions often require at least a bachelor's degree or equivalent experience in the specialty field.
- Free Trade Agreement (FTA) Professionals: This category is for individuals from countries with free trade agreements with the country of employment, such as Chile or Singapore. FTA professionals work in specialty occupations and need at least a bachelor's degree or equivalent experience.
- Temporary Agricultural Worker: This work permit is for individuals performing seasonal or temporary agricultural work. It is typically restricted to citizens or nationals of designated countries.
- Temporary Non-Agricultural Worker: Similar to the previous category, this permit is for individuals engaged in temporary or seasonal non-agricultural work. Only citizens or nationals of specific countries are eligible.
- Trainee or Special Education Visitor: This permit is for individuals receiving training in fields that are not available in their home country. It also includes practical training programs in the education of children with special needs.
- Intracompany Transferee: This category is for individuals working in managerial, executive, or specialized knowledge positions within a company. The applicant must have worked for the same employer abroad for at least one year within the previous three years.
- Individuals with Extraordinary Ability or Achievement: This category is for those with exceptional skills or achievements in fields like science, art, education, business, or athletics. It also includes individuals recognised internationally in motion pictures and television.
- Athletes and Entertainers: This category covers recognised athletes, artists, or entertainers who are part of a reciprocal exchange program between organisations in different countries.
- Participant in an International Cultural Exchange Program: This permit is for individuals taking part in cultural exchange programs, which can involve cultural labour, training, or sharing the history and traditions of their home country.
- Remote Work: In recent years, remote work has become increasingly common, and there are many jobs that can be done from anywhere in the world. These include graphic designers, data entry clerks, customer service representatives, translators, and social media managers.
It's important to remember that the specific requirements and eligibility criteria for a work permit can vary depending on the country and the type of job. It is always advisable to consult official government sources and immigration guidelines for the most accurate and up-to-date information.
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Work without a work permit: consequences
A work permit is a document that allows someone to travel and work in a country, and each country has its own set of rules and regulations regarding work permits. Working without a valid work permit is illegal and can have serious consequences.
Consequences of Working Without a Work Permit:
United Arab Emirates (UAE)
- Legal trouble: Working without a work permit is a serious crime in the UAE, and can result in fines, penalties, and even imprisonment.
- Deportation and travel ban: Foreign workers without a valid work permit may be deported and banned from re-entering the country.
- Jail time: Violation of UAE labour laws can result in a jail sentence of up to six months.
- Financial penalties: Employees without a valid work permit may face fines of up to AED 10,000. Employers who hire workers without work permits can also be fined AED 10,000 per employee and may face additional legal consequences.
- Loss of job security: Without a valid work permit, employees have no legal protection against unfair dismissal or mistreatment, and may not be entitled to benefits such as health insurance or sick leave.
United States of America (USA)
- Ineligibility for status adjustment or extension: Unauthorized employment can affect an individual's ability to adjust their nonimmigrant status or extend their stay in the US.
- Revoked visa/inadmissibility for future entry: Engaging in unauthorized employment may result in the revocation of an individual's current visa and make them inadmissible for future visas or entry into the US.
- Ineligibility for a Green Card: Unauthorized employment can jeopardize an individual's ability to obtain a Green Card or adjust their status to become a lawful permanent resident.
- Criminal consequences: While the primary consequences for unauthorized workers are civil in nature, such as deportation and denial of immigration benefits, there may be circumstances where criminal penalties apply, including identity theft, document fraud, or providing false information to the government.
- Fines and penalties: Employers who hire unauthorized workers may face financial penalties, legal sanctions, and damage to their reputations.
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Frequently asked questions
Yes, a valid work permit generally allows international travel. However, ensure you understand the rules and regulations for re-entry into the country that issued the work permit.
It depends on the type of work and the country of travel. Some countries require a work permit for any type of work, including short-term or informal employment. If you are travelling for work, it is best to check the regulations of your destination country.
This depends on the country you are applying to. For example, in the US, you must have an approved work permit to start working, and working without one can jeopardise your application.
Yes, in the US, individuals awaiting a green card can apply for a work permit.
It depends on the type of visa. If you are in a country on a visa that is not a work visa, you will need a work permit to undertake employment. However, if you have a work visa, you do not need a work permit as your visa already authorises you to work.