Why Work Permits Required In America?
Work permits, also known as employment authorization documents (EADs), are required in America to ensure that only authorized individuals are employed in the country. The government uses work permits to regulate the employment of non-citizens and prevent unauthorized individuals from working in the United States.
Non-citizens who wish to work in the United States must obtain a work permit, either as part of their visa application or through a separate application process. Work permits are issued by the U.S. Citizenship and Immigration Services (USCIS) and allow non-citizens to work in the United States for a specific employer and for a specific period of time.
The requirement for work permits helps protect American workers by ensuring that job opportunities are not taken away from them by unauthorized individuals. Work permits also help prevent exploitation of non-citizens by their employers by ensuring that they are paid a fair wage and have access to legal protections and benefits.
What Are Different Types Of Work Permits?
In the United States, there are various types of work permits, also known as employment authorization documents (EADs), that are issued by the U.S. Citizenship and Immigration Services (USCIS) based on different eligibility criteria. Here are some of the most common types of work permits:
- Temporary work permits
- Green card-based work permits
- Refugee/Asylee work permits
- Spousal work permits
- DACA work permits
Recently America granted work permits for Indian spouses of h-1 b visa holders, So Here We will discuss about Spousal work permits:
What is Spousal Work Permits?
These are issued to spouses of certain visa holders, such as H-1B or L-1 visa holders, to allow them to work in the United States. The work permit is valid for the same period as the spouse’s visa.
Spousal work permits, also known as H-4 EADs, are issued to spouses of H-1B visa holders who are in the United States on an H-4 visa. H-1B visas are temporary work visas that allow highly skilled foreign workers to work in the United States for a specific period of time. H-4 visas, on the other hand, are issued to the spouses and dependent children of H-1B visa holders.
Before 2015, H-4 visa holders were not authorized to work in the United States. However, in 2015, the U.S. government introduced a new rule that allows certain H-4 visa holders to apply for employment authorization. Specifically, H-4 visa holders whose H-1B spouse is in the process of obtaining permanent residency (green card) may be eligible for a spousal work permit.
To be eligible for a spousal work permit, the H-1B spouse must have an approved I-140 petition or have been granted an extension of their H-1B status beyond the six-year limit based on their pending green card application. Once the H-1B spouse meets these criteria, their H-4 spouse can apply for an EAD, which allows them to work in the United States for any employer.
It’s important to note that not all H-4 visa holders are eligible for a spousal work permit. Only those who meet the specific eligibility criteria outlined by the U.S. government can apply for an EAD. The process of applying for an EAD can be complex, and applicants should seek the guidance of an experienced immigration attorney to ensure that their application is properly prepared and submitted.
What Is Time Period For Spousal Work Permits?
The time period for spousal work permits, also known as H-4 EADs, is tied to the validity of the H-4 visa. H-4 visas are issued to the spouses and dependent children of H-1B visa holders, and the validity of the H-4 visa is typically tied to the validity of the H-1B visa.
If the H-1B visa holder‘s status is extended, their H-4 dependent’s status and work permit validity will also be extended. The H-4 EAD is typically issued for a validity period of two years and can be renewed as long as the H-1B visa holder’s status and the H-4 visa holder’s dependent status is maintained.
It’s important to note that the validity period of the H-4 EAD may be limited to a shorter period if the H-1B visa holder’s status is set to expire before the full two-year validity period of the H-4 EAD. In this case, the H-4 EAD may be issued for a validity period that is shorter than two years and is tied to the validity period of the H-1B visa.
It’s important for H-4 EAD holders to keep track of the expiration dates of their H-4 visas and EADs and file for timely renewal to ensure continuous work authorization in the United States.