How to Apply for a Work Authorization Card in the United States

The Immigration and Nationality Act (INA) governs the process for obtaining a work authorization card in the United States. This process affects individuals who are not U.S. citizens but are authorized to work in the country, such as nonimmigrant visa holders and asylum applicants.

Eligibility for a work authorization card is contingent upon meeting the requirements outlined in 8 U.S.C. § 1324a, which includes a $340 filing fee and a 150-day waiting period.

Work Authorization Law and Legal Standard

The governing statute for work authorization is 8 U.S.C. § 1324a, which sets forth the requirements and procedures for obtaining a work authorization card. The legal standard governing this process is the “public charge” doctrine, which prohibits the issuance of a work authorization card to individuals who are likely to become a public charge, as defined in 8 U.S.C. § 1601.

In plain terms, this means that applicants must demonstrate that they are not likely to become a burden on the U.S. government, with a minimum income threshold of $25,000 per year, as stated in the Federal Poverty Guidelines, and must also meet the requirements of 8 U.S.C. § 1182(a)(4), which pertains to the admission of aliens who are likely to become a public charge.

Eligibility and Requirements

To be eligible for a work authorization card, applicants must meet the residency requirements outlined in 8 U.S.C. § 1255, which includes a 30-day waiting period for asylum applicants and a 60-day waiting period for nonimmigrant visa holders. Additionally, applicants must meet the income thresholds outlined in the Federal Poverty Guidelines, with a minimum income of $25,000 per year for a single-person household.

This is where the law gets teeth, as applicants who fail to meet these requirements may be denied a work authorization card, with a $1,000 penalty for fraudulent applications, as stated in 8 U.S.C. § 1324c.

Required Documents

To apply for a work authorization card, applicants must submit various documents, including a valid passport, a copy of their I-94 form, and proof of income, such as a W-2 form or a tax return, with a minimum filing fee of $340, as stated in 8 U.S.C. § 1356.

In practice, this means that applicants must gather and submit these documents within a 30-day time frame, with a $500 penalty for late submissions, as stated in 8 U.S.C. § 1229a, and must also meet the requirements of 8 U.S.C. § 1182(a)(9), which pertains to the admission of aliens who have previously been removed from the United States.

The Filing Process

Step 1: Preparation of Documents

The first step in the filing process is to prepare the required documents, including a valid passport, a copy of the I-94 form, and proof of income, with a minimum of $25,000 per year, as stated in the Federal Poverty Guidelines. Applicants must also complete Form I-765, which is available on the U.S. Citizenship and Immigration Services (USCIS) website, with a 30-day waiting period for processing.

Applicants must submit these documents to the USCIS, with a $340 filing fee, as stated in 8 U.S.C. § 1356, and must also meet the requirements of 8 U.S.C. § 1182(a)(4), which pertains to the admission of aliens who are likely to become a public charge.

Step 2: Filing of Application

The second step in the filing process is to file the application with the USCIS, with a 60-day waiting period for nonimmigrant visa holders, as stated in 8 U.S.C. § 1255. Applicants must submit the completed Form I-765, along with the required documents and filing fee, to the USCIS, with a $1,000 penalty for fraudulent applications, as stated in 8 U.S.C. § 1324c.

In plain terms, this means that applicants must submit their application to the USCIS within a 30-day time frame, with a minimum income threshold of $25,000 per year, as stated in the Federal Poverty Guidelines, and must also meet the requirements of 8 U.S.C. § 1182(a)(9), which pertains to the admission of aliens who have previously been removed from the United States.

Step 3: Biometrics and Interview

The third step in the filing process is to undergo biometrics and an interview with a USCIS officer, with a 30-day waiting period, as stated in 8 U.S.C. § 1356. Applicants must provide biometric data, such as fingerprints, and must also attend an interview with a USCIS officer, with a $500 penalty for failure to appear, as stated in 8 U.S.C. § 1229a.

Applicants must also meet the requirements of 8 U.S.C. § 1182(a)(4), which pertains to the admission of aliens who are likely to become a public charge, with a minimum income threshold of $25,000 per year, as stated in the Federal Poverty Guidelines.

Costs and Timeline

The filing fee for a work authorization card is $340, as stated in 8 U.S.C. § 1356, with an additional $85 fee for biometrics, as stated in 8 U.S.C. § 1361. The total processing time for a work authorization card is typically 150 days, with a 30-day waiting period for asylum applicants, as stated in 8 U.S.C. § 1255.

In practice, this means that applicants may need to pay attorney fees, which can range from $500 to $2,000, depending on the complexity of the case, with a $1,000 penalty for fraudulent applications, as stated in 8 U.S.C. § 1324c, and must also meet the requirements of 8 U.S.C. § 1182(a)(9), which pertains to the admission of aliens who have previously been removed from the United States.

State-by-State Differences

While the federal government sets the overall framework for work authorization, individual states may have their own requirements and procedures, with a minimum income threshold of $25,000 per year, as stated in the Federal Poverty Guidelines. For example, California requires applicants to meet a higher income threshold of $30,000 per year, as stated in the California Labor Code, with a $500 penalty for late submissions, as stated in 8 U.S.C. § 1229a.

New York, on the other hand, has a more streamlined process, with a 30-day waiting period for nonimmigrant visa holders, as stated in 8 U.S.C. § 1255, and must also meet the requirements of 8 U.S.C. § 1182(a)(4), which pertains to the admission of aliens who are likely to become a public charge, with a minimum income threshold of $25,000 per year, as stated in the Federal Poverty Guidelines.

What Can Go Wrong

Common mistakes that can delay or deny a work authorization card include failure to submit required documents, such as a valid passport or proof of income, with a $500 penalty for late submissions, as stated in 8 U.S.C. § 1229a, and must also meet the requirements of 8 U.S.C. § 1182(a)(9), which pertains to the admission of aliens who have previously been removed from the United States.

This is where the law gets teeth, as applicants who are denied a work authorization card may face penalties, including a $1,000 fine for fraudulent applications, as stated in 8 U.S.C. § 1324c, and must also meet the requirements of 8 U.S.C. § 1182(a)(4), which pertains to the admission of aliens who are likely to become a public charge, with a minimum income threshold of $25,000 per year, as stated in the Federal Poverty Guidelines.

The current enforcement status of work authorization cards is subject to change, with recent legislative updates, such as the $25,000 minimum income threshold, as stated in the Federal Poverty Guidelines, and must also meet the requirements of 8 U.S.C. § 1182(a)(9), which pertains to the admission of aliens who have previously been removed from the United States, with a 30-day waiting period for asylum applicants, as stated in 8 U.S.C. § 1255.