Legal Definitions - work permit

An Employment Authorization Document (EAD), commonly known as a work permit, is an official document issued by the United States Citizenship and Immigration Services (USCIS). This document grants temporary permission to non-U.S. citizens to work legally in the United States.

The EAD is typically a credit card-sized plastic card that includes the individual's photo and essential identifying information. It serves as proof to employers that the holder is authorized to accept employment in the U.S. Non-citizens may need an EAD either because their immigration status already allows them to work but requires documentation, or because they need to specifically apply for permission to work while their immigration case is pending or under a particular visa category.

Here are some examples of how a work permit applies:

• Example 1: Individual Granted Temporary Protected Status (TPS)

  Imagine a person from a country experiencing a natural disaster or armed conflict who has been granted Temporary Protected Status (TPS) in the U.S. While TPS allows them to live in the U.S. temporarily, to legally work and earn an income, they must apply for and receive an EAD. This work permit then serves as the official proof they can show to potential employers, demonstrating their authorization to work during their TPS period.

• Example 2: Spouse of a U.S. Citizen Awaiting Green Card Approval

  Consider a foreign national who is married to a U.S. citizen and has applied for a green card (permanent residency) based on their marriage. The process of obtaining a green card can take several months or even longer. During this waiting period, the spouse can apply for a work permit. This EAD allows them to legally seek and hold a job in the U.S. while their permanent residency application is still being processed, providing financial stability without having to wait for the final green card approval.

• Example 3: Dependent Spouse of an L-1 Visa Holder

  A multinational company transfers an executive to its U.S. office on an L-1 visa. The executive's spouse accompanies them to the U.S. on an L-2 dependent visa. While the L-1 visa holder is authorized to work for their specific company, the L-2 spouse is not automatically authorized to work for any employer. To pursue employment in the U.S., the L-2 spouse must apply for and obtain a work permit (EAD). This document then grants them the freedom to seek and accept a job with any employer in the U.S., separate from their spouse's employment.