Hire an Immigration Attorney for a USA Work Permit

Obtaining a work permit in the United States requires navigating a complex legal process involving eligibility verification, petition filing, and government approvals. Hiring an immigration attorney significantly increases the chances of a successful outcome by ensuring compliance with federal regulations and minimizing the risk of errors or delays. This article outlines how to hire an immigration attorney specifically for obtaining a U.S. work permit, the legal requirements involved, and the steps to take.

Work permits, officially known as Employment Authorization Documents (EADs), are issued through specific immigration categories such as adjustment of status, asylum applications, or nonimmigrant visa classifications. The application process demands precise documentation, strict adherence to filing deadlines, and detailed legal arguments, particularly in cases involving discretionary approvals or potential complications. An immigration attorney provides the following essential services:

• Comprehensive evaluation of eligibility under applicable immigration categories, such as pending adjustment of status (Form I-485), asylum status, or employment-based petitions.
• Preparation and submission of Form I-765, Application for Employment Authorization, including supporting documentation to demonstrate statutory eligibility.
• Representation in responding to Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), or denials through motions to reopen or administrative appeals.

Without professional assistance, applicants often face delays, RFEs, or outright denials due to incomplete documentation, incorrect categorization of eligibility, or failure to meet procedural requirements.

Follow these steps to select and engage an immigration attorney effectively:

1. Identify Qualified Attorneys:

   Selection Criteria	Key Considerations
   Specialization	Verify the attorney practices employment-based immigration law, with experience in work permit applications.
   Accreditation	Confirm membership in the American Immigration Lawyers Association (AILA) and a valid license with the relevant state bar.
   Experience	Seek attorneys with a documented history of handling Form I-765 applications, particularly in the applicant’s specific eligibility category.

2. Conduct Initial Consultations:
   • Schedule consultations with at least three attorneys to compare expertise, approach, and fees.
   • Provide a detailed summary of immigration history, including prior petitions, visa status, and any adverse decisions.
3. Evaluate Attorney Fees and Services:

   Fee Structure Options	Typical Range
   Flat Fee for Form I-765 Preparation and Filing	$2,500 to $5,000
   Flat Fee Including Responses to RFEs	$3,500 to $7,500
   Hourly Rate	$250 to $600 per hour, typically used for appeals or complex representations

4. Engage the Attorney:

   Required Actions	Details
   Retainer Agreement	Execute a written agreement specifying the scope of services, fees, billing arrangements, and refund policy.
   Retainer Payment	Provide the agreed-upon retainer, which is applied to fees for services rendered.
   Power of Attorney	Execute Form G-28 to formally authorize the attorney to represent the applicant before USCIS.

    

   Key Services Provided by an Immigration Attorney for Work Permits

   Once retained, an immigration attorney performs the following tasks to secure a work permit:

   • Conduct a thorough review of the applicant’s immigration history to confirm eligibility under a qualifying category.
   • Assemble required documentation, including identity documents, prior immigration filings, and evidence supporting the basis for employment authorization.
   • Prepare and file Form I-765 with all necessary supporting materials, ensuring accurate selection of the appropriate eligibility category.
   • Monitor case status and respond to any USCIS requests for additional evidence within the specified timeframe.
   • Provide guidance on maintaining eligibility during the pendency of the application and managing subsequent renewals.

Work Permit Application Process with Attorney Representation

With an attorney managing the process, the steps to obtain an employment authorization document are as follows:

1. Eligibility Assessment: The attorney verifies that the applicant qualifies under one of the approximately 50 statutory categories for employment authorization.
2. Document Preparation: Compile and organize all required supporting documents, including two passport-style photographs, a copy of an unexpired government-issued identity document, and evidence of the underlying qualifying status or circumstance.
3. Filing Form I-765: Submit the completed application, along with the required filing fee of $520 (or $470 with an initial Form I-485), to the appropriate USCIS lockbox facility.
4. Receipt and Processing: Upon acceptance, USCIS issues a receipt notice. Standard processing time is approximately 3 to 5 months, though premium processing may be available in certain employment-based contexts.
5. Approval and Issuance: If approved, USCIS issues a five-year employment authorization document. The attorney ensures timely receipt and advises on renewal procedures.

Clear Next Steps

To proceed with obtaining a work permit through professional representation:

• Compile a complete immigration history, including all prior petitions, approvals, visa stamps, and entry/exit records.
• Identify and contact three immigration attorneys with demonstrated experience in work permit applications.
• Schedule initial consultations to evaluate eligibility and obtain fee quotes for preparing and filing Form I-765.
• Retain an attorney and execute Form G-28 to begin the formal application process.

Frequently Asked Questions