When a foreign company hires or transfers employees to its U.S. operations, obtaining a valid work permit becomes essential. This document authorizes non-residents to work legally under U.S. employment laws. 

Yet, for businesses not originally from the U.S., understanding the country’s complex immigration and labor requirements can be challenging. To simplify the process, this article walks you through how to get a work permit in the U.S., outlining the main permit types, eligibility criteria, and compliance steps every employer should know.

Key Takeaways

  • Employers must secure the correct work permit or visa before hiring non-resident employees in the U.S.
  • Companies need legal U.S. registration, proof of financial capacity, and an employer-employee relationship to sponsor foreign hires.
  • Work authorization can be “incident to status” (e.g., H‑1B, L‑1) or require a separate Employment Authorization Document (EAD).
  • Accurate documentation, compliance with labor laws, and timely renewals prevent delays, penalties, and disruptions to operations.
  • Planning, understanding visa categories, and following structured processes ensures smooth onboarding and legal employment for international hires.

Why Foreign Companies Must Understand U.S. Work Permits

Understanding how to get a work permit in the U.S. is essential for any foreign business hiring international employees or expanding operations across borders. A work permit is a legal authorization that ensures non-resident employees can work under U.S. immigration and labor laws.

Failing to acquire a work permit in time can expose companies to serious risks, including:

  • Hefty fines or penalties for unauthorized employment.
  • Delays in business operations due to denied or revoked permits.
  • Reputation damage can affect partnerships and investor trust.
  • Employee disruptions, including loss of work authorization or visa status.

Foreign employers must also be aware that the process involves several layers, including:

  • Selecting the right visa type (H-1B, L-1, E-2, and others).
  • Sponsoring the employee and submitting the required documentation.
  • Paying government fees and, in some cases, legal or administrative costs.
  • Tracking renewals and compliance to stay in good standing.

While costs and timelines vary, understanding these fundamentals helps businesses plan ahead. Ultimately, understanding how U.S. work permits function enables companies to hire confidently, mitigate legal risks, and build a compliant international workforce prepared to operate in the American market.

Understanding Key Terms: Work Permit vs. Work Visa in the U.S.

Before exploring how to obtain a work permit in the U.S., it’s important to understand two commonly confused terms: work permit and work visa. While both relate to employment, they serve different legal purposes. A work visa allows a foreign national to enter the U.S. for a specific job or to work for a particular employer, while a work permit grants authorization to work once the individual is already in the country.

Work Permit (Employment Authorization Document)

In the United States, a work permit is officially known as the Employment Authorization Document (EAD). Issued by the U.S. Citizenship and Immigration Services (USCIS), this card gives eligible foreign nationals the legal right to work in the U.S. for a defined period.

The EAD is available to individuals in specific immigration categories, such as spouses of certain visa holders, asylum seekers, and applicants awaiting permanent residency. While it authorizes employment, it does not serve as a visa or proof of legal entry into the country.

Work Visa

A work visa allows a foreign national to enter and reside in the United States for employment purposes under a specific immigration category. For certain visa types, such as the H-1 B, the visa itself, along with the approved petition or status, automatically provides work authorization. This is known as being “incident to status,” meaning the individual is permitted to work for the sponsoring employer(s) listed in the petition without needing a separate EAD.

However, dependent spouses of these visa holders, such as those on H-4, L-2, or E-2 status, may need to apply separately for an EAD to obtain employment authorization.

In short, a work visa defines who can enter and work for a specific employer, while an EAD extends broader work eligibility to certain dependents or categories not automatically authorized to work.

Eligibility Criteria for Foreign Employers Sponsoring Work Permits

When considering how to obtain a work permit in the U.S., foreign companies must first determine their own eligibility as sponsoring employers. Below are key employer-side requirements that are essential for foreign-owned firms with U.S. operations:

  • Company registration/local presence:
    • The employer must be a U.S. entity (or a foreign company with a U.S. branch, subsidiary, affiliate or office) that is legally registered and in good standing under U.S. law.
    • The company must demonstrate an “employer-employee relationship” with the sponsored worker, meaning the employer controls the work, pays the wages, and supervises the employee.
  • Financial capacity/wage obligations: For many work visa categories (e.g., H‑1B), the employer must attest that it will pay the foreign worker the higher of the actual wage or prevailing wage for that role, protecting U.S. wages and working conditions.
  • No adverse impact on U.S. workers: For permanent labor certification and certain employment-based visas, the employer must demonstrate that hiring the foreign worker will not harm the wages or working conditions of U.S. workers. For example, an employer must file a labor condition application (LCA) with the U.S. Department of Labor for H-1B sponsorship, attesting to this.

Meeting these eligibility criteria enables smooth sponsorship of employee work authorization and helps mitigate risks of non-compliance.

Types of Work Permits Available in the U.S.

When hiring or transferring international employees, it’s important to understand the different types of work permits in the U.S. Depending on an individual’s visa category and immigration status, work authorization can either be “incident to status” or require a separate EAD issued by USCIS.

Here’s a breakdown of the main categories:

1. Work Visas with Built-In Authorization (Incident to Status): These visa holders can work for their sponsoring employer without needing an additional permit:

  • H-1B: Specialty Occupation Workers
  • L-1A / L-1B: Intracompany Transferees
  • O-1: Individuals with Extraordinary Ability or Achievement
  • P-1 / P-2 / P-3: Athletes, Artists, and Entertainers
  • E-1 / E-2: Treaty Traders and Treaty Investors
  • TN (NAFTA): Canadian and Mexican Professionals
  • R-1: Religious Workers

2. Employment Authorization Document (EAD): This standalone card is required for individuals who don’t automatically receive work authorization through their visa. Spouses of certain visa holders, asylum seekers, or pending green card applicants fall into this category.

Together, these categories define how foreign nationals can legally work within the U.S. under different immigration circumstances.

Step-by-Step: How to Get / Apply for a Work Permit in the U.S.

When your company plans to hire a foreign employee, understanding the process is key to ensuring full compliance. Below is a clear, employer-side roadmap outlining how to apply for a work permit in the U.S., from selecting the right authorization type to final approval and issuance.

Step 1: Choose the appropriate permit path

  • Determine whether the foreign employee falls under a visa category where work authorization is incident to status (e.g., H-1B, L-1) or whether they need an EAD.
  • Confirm the relevant form(s) your company must file (such as Form I‑129 for visas or Form I‑765 for an EAD).

Step 2: Prepare required documents

  • If filing Form I-129: gather company info, job offer, and approved Labor Condition Application (if applicable).
  • If filing Form I-765: collect the employee’s current status proof, passport/ID, photos, prior EAD (if renewal) and other supporting documentation.
  • Ensure your company has evidence of valid registration, the ability to pay wages, and proof of employer-employee relationship.

Step 3: Submit the application/petition

  • File the appropriate form with the USCIS and pay the required fee.
  • For certain visa categories, your company may first need to obtain certification from the U.S. Department of Labor (e.g., LCA for H-1B).

Step 4: Biometrics / Interviews & adjudication

  • Depending on the case, the employee may be requested for biometrics or attend an interview.
  • USCIS issues a Notice of Action (Form I-797) once a petition is approved.
  • Wait for a decision. Processing times will vary.

Step 5: Decision & issuance

  • Upon approval, visa category holders receive authorization “incident to status”; EAD applicants receive the card proving work authorization.
  • The employer must maintain compliance through continuous record-keeping, verifying work eligibility, and monitoring terms/renewals.

By following these steps carefully, your company can manage the sponsorship process smoothly, ensuring that your international hire is both legally authorized and ready to join your U.S. operations.

Required Documents & Compliance Checklist

When figuring out how to get a work permit in the U.S., it’s essential for both the employer and employee to have complete documentation and meet all compliance standards.

From the Employer:

  • Proof of business registration or U.S. branch setup.
  • Financial statements showing the ability to pay wages.
  • Written justification for hiring a foreign worker (job description, skills gap).
  • Compliance with Form I-9 and record-keeping requirements.

From the Employee:

  • Valid passport and updated résumé.
  • Educational degrees, transcripts, and experience letters.
  • Police clearances, if required.
  • Prior EAD cards or approval notices (if applicable).

Translations & Authentication:

  • Non-English documents must include certified English translations.
  • Some records may require notarization or local authentication.

Using this checklist ensures both employer and employee are prepared, which supports a smoother application and helps maintain compliance.

Cost, Processing Time & Validity

When considering the cost of a work permit in the U.S., it’s vital to understand both the government fees and the time frames, as well as validity and extension rules.

Fees (typical government costs):

  • For the Form I‑765 (Employment Authorization Document/EAD), the filing fee is US$550 for an initial application and US$275 for renewal or extension as of FY 2025.
  • For the H‑1B visa (incident-to-status category), employers face base filing fees of US$780 for Form I-129 and additional employer fees, such as registration ($215) and visa application fees ($205). A new one-time US$100,000 supplemental fee is also applicable for certain new petitions filed on or after Sept. 21, 2025.

Processing time & validity:

  • EAD applications typically take a few months to process, though timing varies based on applicant category and service centre.
  • Work visas like H-1B normally grant initial validity for three years (for many cases) and may be extended up to another three years (or longer in some circumstances).
  • Starting 30 October 2025, the USCIS ended automatic extensions for EAD renewal applicants, meaning work must stop if the old EAD expires and the renewal hasn’t been approved.

While fees vary by category, employers should budget both filing government fees and service/agent costs. Validity durations vary, and the new rule ending automatic renewal for certain EADs adds an additional risk factor for employer planning.

Employer Responsibilities & Post-Approval Compliance

Securing authorization is only one part of how to get a work permit in the U.S. Ongoing compliance is equally important, and employers must carefully monitor and maintain all employment and immigration obligations after approval.

These typically include:

  • Monitoring and Reporting: Employers are required to track key details such as an employee’s job title, salary, and work location. Any material changes, like promotions, salary adjustments, or transfers, must be promptly reported to USCIS or the Department of Labor.
  • Labor Law & Tax Compliance: Foreign employees must receive the same labor protections as U.S. workers. Employers must ensure proper wage levels, maintain payroll records, withhold the correct taxes, and contribute to Social Security and Medicare when applicable.
  • Renewals, Cancellations & Audits: Employers should manage renewal timelines to prevent work authorization lapses. If employment ends, USCIS should be notified, and visa sponsorship withdrawn. Businesses must also be prepared for government audits and site visits verifying compliance with immigration and labor standards.

Proactive monitoring and transparent reporting help employers stay compliant and maintain good standing with U.S. authorities.

Common Pitfalls & Risk Mitigation for Foreign Companies

Hiring foreign workers in the U.S. involves several compliance layers, and even small mistakes can lead to costly delays or penalties. Here are the most frequent pitfalls and how to avoid them.

  • Incomplete or Incorrect Documentation: Missing forms, unsigned contracts, or outdated company details are common reasons for rejection. Always double-check application packets and keep digital copies of all filings.
  • Misclassifying Roles or Permit Types: Choosing the wrong visa category, such as applying for an H-1B when an L-1 fits better, can stall or invalidate the process. Consult immigration experts to match each position with the correct authorization type.
  • Ignoring Local Labor & Contract Laws: Failure to comply with U.S. wage laws, benefits, or contract standards can expose companies to audits and legal action.

To ensure every hire and renewal stays fully compliant, establish a proactive compliance system; one that tracks deadlines, involves legal counsel for complex cases, and includes regular internal audits.

How Commenda Helps Foreign Companies Establish Their Presence in the U.S.

Expanding or hiring in the US can be challenging for foreign companies due to complex corporate and immigration requirements. That’s where Commenda steps in.

We help international businesses set up US entities, maintain regulatory compliance, and prepare all documentation correctly, so your hiring operations and work visa applications run smoother and faster. Take the guesswork out of US expansion as our experts guide you through every step.

Book a free demo today!

Conclusion & Next Steps

Securing the right work authorization in the U.S. requires careful planning, accurate documentation, and ongoing compliance. From selecting the correct permit type to meeting employer obligations, due diligence ensures smooth hiring and long-term business stability.

Simplify your U.S. expansion with Commenda, making sure your business is fully set up and ready to hire without delays. Start your journey with us today!

FAQ

Q. What is the cost of a work permit in the U.S. for foreign employees?

The Employment Authorization Document (EAD) typically costs $520 in government filing fees. For visa-based work authorization, employers may also need to pay additional fees, such as $460 for Form I-129 and potential legal or service fees depending on the visa type.

Q. How long does it take to apply for a work permit in the U.S.?

Processing times vary. EAD applications usually take a few months, while visa petitions such as H-1B or L-1 can take several months or longer.

Q. What types of work permits in the U.S. are available?

The main types include EAD cards for eligible non-immigrants and several visa-based authorizations such as H-1B, L-1, O-1, E-2, and TN, which grant employment rights incident to visa status.

Q. Can a foreign company apply for a work permit in the U.S. without a local office?

Generally, a U.S. entity or branch must exist to sponsor employees. However, establishing a new office under the L-1 visa is a common route for foreign companies expanding into the U.S.

Q. What risks exist if a foreign company fails to comply after getting a work permit in the U.S.?

Non-compliance, such as misreporting wages or job changes, can lead to fines, audits, or revocation of work authorization.

Q. Can the foreign employee change jobs or employers under the work permit?

In most visa-based cases, employment is employer-specific. Changing employers requires a new petition or transfer approval.

Q. How to renew or extend a work permit in the U.S.?

File a renewal application (Form I-765) or visa extension before expiry, with supporting documents.

Q. Is a work permit sufficient for visa entry, or is a separate visa needed?

An EAD only grants employment rights but doesn’t authorize entry. A valid visa is required to enter or remain in the U.S. legally.