In the United States, U.S. Citizenship and Immigration Services (USCIS) issues immigration work permits. The official document is an Employment Authorization Document (EAD), also called Form I-766. Eligible applicants request an EAD by filing Form I-765, Application for Employment Authorization, with USCIS.
Which Agency Handles Each Type of Work Permit?
| Type of work authorization | Issuing or managing authority |
|---|---|
| Immigration work permit, or EAD | USCIS |
| Temporary work visa | U.S. Department of State, after USCIS approves the required petition |
| Work permit for a minor | Usually a state labor department, school, school district, or another state-designated authority |
| Federal child-labor rules | Enforced by the U.S. Department of Labor, which generally does not issue individual work permits |
Who Issues an Immigration Work Permit?
USCIS issues an Employment Authorization Document to eligible immigrants and nonimmigrants. The applicant usually files Form I-765, and USCIS issues the EAD after approving the application.
Not everyone needs an EAD. Lawful permanent residents and some temporary visa holders can work based on their immigration status or visa conditions.
Who Handles Temporary Work Visas?
The U.S. Department of State issues temporary employment visas. For many temporary jobs, the employer first files a petition with USCIS. After USCIS approves the petition, the worker may apply for the visa through the Department of State.
A temporary work visa is different from an EAD. It may authorize employment only under the conditions of the approved visa classification.
Who Issues a Work Permit for a Minor?
The state where the job is located usually determines who issues a minor's work permit. These documents may be called working papers or an employment certificate.
Depending on the state, the issuing authority may be:
- A state department of labor
- A school or school district
- A local government office
- Another state-designated authority
Some states do not require a work permit for a particular age group or type of job. The U.S. Department of Labor maintains a state-by-state table because child-labor requirements differ across the country.
Federal child-labor law sets minimum standards, but the federal government generally does not issue individual work permits. When federal and state rules differ, the rule that gives greater protection to the young worker generally applies.
Who Should You Contact?
- Immigration work permit or EAD: Contact USCIS and review the eligibility requirements for Form I-765.
- Work permit for someone under 18: Contact the state labor department, the minor's school, or the school district.
- Temporary work visa: The prospective employer usually starts the process by filing a petition with USCIS.
- Unclear which document is needed: Check the worker's immigration category and the employment laws in the state where the job is located.