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How to get a
work permit (employment authorization document)
Individuals who are not U.S.
citizens or green card holders (permanent residents) are permitted to work
in the U.S. under two circumstances. They can apply for an employment
authorization document (commonly referred to as a work permit). Or they
can work for a specific employer based on their visa category.
Certain categories require that an alien seeking to work apply for a work
permit. Some of these categories are aliens who have been granted asylum,
dependents of J-1 exchange visitors, and applicants who have submitted an
adjustment of status application. An application for a work permit is made
using Form I-765. The instructions to this form provide all the categories
where an applicant can apply for a work permit. If the INS does not
provide a decision within 90 days to the Employment Authorization Document
application, the applicant may request an interim Employment Authorization
Document. He may go down to the nearest local INS office and produce proof
that he is eligible for a work permit under one of the available
categories.
If the alien is authorized to work for a specific employer, such as
a company or foreign government, he does not need an Employment
Authorization Document. His passport and Form I-94 (Arrival-Departure
Record) shows that he may work in the United States. These aliens are
authorized for employment with a specific employer incident to status. An
alien in one of these classes is not issued an employment authorization
document by the INS:
(1) A foreign government official (A-1 or A-2 status);
(2) An employee of a foreign government official (A-3),
(3) A foreign government official in transit (C-2 or C-3);
(4) A nonimmigrant treaty trader (E-1) or treaty investor (E-2);
(5) A nonimmigrant (F-1) student who is in valid nonimmigrant student
status and pursuant to 8
CFR 214.2(f) is seeking on-campus
employment, part-time off-campus employment, or curricular practical
training.
(6) A representative of an international organization (G-1, G-2, G-3, or
G-4);
(7) A personal employee of an official or representative of an
international organization (G-5);
(8) A temporary worker or trainee (H-1, H-2A, H-2B, or H-3);
(10) An information media representative (I);
(11) An exchange visitor (J-1);
(12) An intra-company transferee (L-1);
(13) An alien having extraordinary ability in the sciences, arts,
education, business, or athletics (O-1), and an accompanying alien (O-2);
(14) An athlete, artist, or entertainer (P-1, P-2, or P-3);
(15) An international cultural exchange visitor (Q);
(16) An alien having a religious occupation (R-1);
(17) Officers and personnel of the armed services of nations of NATO, and
representatives, officials, and staff employees of NATO;
(18) An attendant, servant or personal employee (NATO-7) of an alien
admitted as a NATO-1 through NATO-6,
(19) A nonimmigrant engaged in business activities in accordance with
NAFTA;
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