Employers must confirm that all employees have the right to work in the United States and this requirement covers any type of citizenship or national origin. Anyone born outside the United States who has not yet become a U.S. citizen should have an Employment Authorization Document, which is often called a work permit.
Who Needs a Work Permit?
A work permit is necessary if someone in the United States meets any of the following criteria:
- Their immigration status makes them eligible to work in the United States. This could be because they are an asylee, refugee or U-nonimmigrant.
- They have a pending application to register as a permanent alien.
- They have a pending application for asylum. Their status allows them to be in the country, but does not allow them to work without seeking permission.
Anyone who holds a green card, does not need to apply for a work permit.
Replacing A Work Permit
If someone loses their work permit, or it is stolen or destroyed, they will need to replace it. They can file for a replacement work permit by filing a new Form I-765. There is a filing fee although it is possible to qualify for a waiver. The person must have a reason to hold a work permit in order to file a new Form I-765. If they do not, USCIS will not supply them with a new card and will send notification of the reason they are not eligible to work in the United States.
If the work permit has an error, it is possible to apply for a new card by completing a new Form I-765, providing documents required in the instructions, and returning the card that is incorrect. If the error was on the part of USCIS, they will make the correction at no cost and there is no need to submit a new form. The original card with the error must be returned along with an explanation of why the card is incorrect and documentation of the correct information.