Work Permit vs. Work Authorization: A Guide for Employers

To start, let's define the two terms.

The U.S. Citizenship and Immigration Services (USCIS) issues both work permits and authorizations for those looking to take a job with a company in the United States.

What is Work Authorization?

Work authorization is a general term. It refers to the right of a non-citizen to work in a country.

It includes various types of permissions, such as visas, green cards, and Employment Authorization Documents (EADs).

What is a Work Permit?

A work permit is a type of work authorization. Work permits are legal documents and can be temporary or permanent solutions for non-citizens to gain employment in the United States. A work permit can be verified by an employer through Employment Authorization Documents (EADs). They may also be industry-specific or job-specific, which could limit employee mobility.

Work permits also covers the right of certain international students to work on Optional Practical Training (OPT).

Key Differences Employers Should Know

Employers in the United States have a legal duty to verify work authorization. This applies to all employees, regardless of citizenship. The I-9 verification process ensures the legal working status of an employee and is a crucial step in a company's onboarding process.

Failure to verify work authorization can lead to legal consequences.

Consequences of Non-Compliance

Work authorization compliance is key to a successful non-citizen hire. Ignoring employment laws in the United States can lead to severe penalties. These can include fines, sanctions, and even criminal charges.

Employers must stay updated on changes in immigration laws to avoid the cost and hassle of non-compliance penalties. It's also crucial for companies to maintain accurate records of work authorizations and their expiration dates.

Failure to understand the difference between work authorization and work permit can significantly hinder an employer in several ways:

1. Legal Compliance Risks:

   Employers may inadvertently hire individuals without the proper work authorization, leading to legal penalties, fines, or sanctions.

    

2. Increased Liability:

   Misunderstanding these terms can result in non-compliance with immigration laws, exposing the company to lawsuits or criminal charges.

    

3. Operational Delays:

   Confusion over the necessary documentation can delay the hiring process, affecting workforce planning and productivity.

    

4. Employee Turnover:

   If employees are not properly authorized to work, it can lead to sudden job loss, resulting in increased turnover and associated costs.

    

5. Reputation Damage:

   Non-compliance can harm an employer's reputation, making it harder to attract top talent in the future.

Obtaining work authorization for employees can be complex. There are sponsorship requirements and specific legal processes that employers must consider. Understanding these processes is crucial and helps ensure a smooth hiring process for international workers.

US Work Permit Requirements

Work permit requirements in the U.S. typically include the following:

1. Job Offer: A valid job offer from a U.S. employer is usually required.
    

2. Sponsorship: The employer may need to sponsor the employee, which involves submitting specific forms to the U.S. Citizenship and Immigration Services (USCIS).
    

3. Labor Certification: In some cases, employers must obtain a labor certification to prove that there are no qualified U.S. workers available for the position.
    

4. Application Forms: Completing the necessary application forms, such as Form I-129 & a DS160 for non-immigrant workers.
    

5. Supporting Documents: Providing supporting documents, including proof of the employee's qualifications, job description, and employer's financial stability.
    

6. Fees: Payment of applicable fees associated with the work permit application.
    

Steps to Obtain Work Authorization for Employees

1. Determine the type of work authorization needed. This could be a visa, green card, or Employment Authorization Document (EAD).
    

2. Employers often need to sponsor the potential employee. This involves submitting specific forms and documents to the U.S. Citizenship and Immigration Services (USCIS). You can get more information through their website.
    

3. Employers must verify the employee's work authorization. This is done through the I-9 verification process or E-Verify.
    

Renewing and Changing Work Authorization

Work authorizations often have expiration dates. Employers must monitor these dates and ensure timely renewal applications.

In some cases, employees may need to change their work authorization. This could be due to changes in job roles, employer, or immigration status.

Many employers choose to hire an agency with experience in global mobility to reduce the possibility for legal errors and to save them money in the long term.

Workforce solutions agencies can assist employers in managing work authorization and international hiring. They're experts in navigating international hiring and the processes & stipulations that come with employee work permits in the US.

Agencies can confirm the work authorization of new hires as well as provide access to global mobility tools that streamline the full process of hiring employees abroad. from Recruitment to relocation, and off-boarding if necessary, global mobility agencies can handle it all, saving companies valuable time and resources.

These specialists have access software solutions, large support teams, and global expertise to alleviate pain points that companies might encounter.

Understanding the difference between a work permit and work authorization is crucial for employers. It helps avoid non-compliance penalties and ensures a smooth hiring process.

Employers should stay updated on immigration laws, use workforce solutions, and maintain accurate work authorization records. These best practices can help navigate the complexities of hiring non-citizen employees.