Overcoming Employment Authorization Challenges

Our Legal Team


Steven L. Tuchman
Director
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Thomas R. Ruge
Director
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Robert W. Rund
Director
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Sarah Moshe

Sarah Burrow
Director
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Dallin Lykins

Dallin Lykins
Associate
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Obtaining, maintaining, and substantiating valid employment authorization may be challenging for those who are not well versed in immigration law. The substantive requirements and mandatory procedures vary among the different categories of work authorization. Moreover, because U.S. Citizenship and Immigration Services (USCIS) has not created a single "work permit," one must be familiar with the different documentation evidencing employment authorization, especially in light of increased enforcement of the Immigration Reform and Control Act of 1986 (IRCA) by the Department of Homeland Security (DHS).

USCIS regulations list three classes of foreign nationals allowed to work in the U.S.:

  • Foreign nationals authorized to work incident to their immigration status, without restriction as to the nature or location of employment, but who in some instances may be required to first obtain an employment authorization document;
  • Foreign nationals permitted to work for a specific employer incident to their status, without obtaining an employment authorization document; and
  • Foreign nationals eligible for employment authorization, but who must first obtain an employment authorization document from USCIS.

The classes of foreign nationals who have employment authorization in the U.S. do not all follow the same procedure to obtain employment authorization, nor do they receive the same document to establish authorization.

For additional information on how you might be eligible for work authorization, please visit us at Temporary Visas and Permanent Residency ("Green Cards").