Best Work Permit Lawyers in Brooklyn
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Find a Lawyer in BrooklynAbout Work Permit Law in Brooklyn, United States
Work permit rules in Brooklyn, United States cover several different legal topics tied to who can work, when they can work, and under what authorization. For immigrants and noncitizens, a work permit most commonly refers to an Employment Authorization Document issued by the U.S. Citizenship and Immigration Services. For foreign workers sponsored by an employer, work authorization comes from a specific visa or petition such as H-1B or L-1. For young people under 18, New York State requires work permits or working papers and limits the hours and types of work they may perform. Additionally, federal, state and city labor laws affect wage, safety, discrimination and child labor protections that apply in Brooklyn as part of New York City and New York State.
Why You May Need a Lawyer
Work permit and employment authorization issues can be complex and time sensitive. People commonly need a lawyer in the following situations: when an Employment Authorization Document is denied or delayed; when an employer asks for proof of status but you need help understanding documents; when you face possible deportation while seeking work authorization; when an employer misclassifies you as independent contractor and refuses proper pay or benefits; when you are a minor and your employer is violating child labor protections; when you need an employer-sponsored visa and want help with petitions and compliance; when you are a victim of workplace discrimination or retaliation because of immigration status; and when you need help gathering evidence and filing immigration forms correctly to avoid mistakes that could harm future immigration options. A lawyer can explain eligibility, represent you before agencies, prepare appeals or motions, and negotiate with employers or government offices.
Local Laws Overview
Several layers of law apply in Brooklyn - federal immigration law, federal labor law, New York State labor and education rules, and New York City ordinances. Key points to know include:
- Immigration and work authorization: USCIS issues Employment Authorization Documents for certain noncitizen categories. Some nonimmigrant visas authorize employment only for a sponsoring employer, while others allow broader work authorization.
- Employer verification: Federal law requires employers to verify identity and authorization to work using Form I-9 procedures. Employers may not discriminate against employees based on citizenship status or national origin.
- Child labor and working papers: New York State requires "working papers" for minors under 18 in most cases. There are strict limits on hours, night work and hazardous occupations for minors.
- Wage and hour protections: New York State and New York City have minimum wage, overtime, and paid sick leave rules. New York City may have additional requirements for paid leave and worker protections.
- Safety and health: Workplace safety is enforced by federal Occupational Safety and Health Administration and by state authorities for certain industries. Workers have the right to a safe workplace without retaliation for reporting unsafe conditions.
- Anti-retaliation and discrimination: Federal and state laws prohibit discrimination and retaliation. Local agencies enforce laws against harassment, wage theft and employment discrimination in New York City.
Frequently Asked Questions
What is a work permit and who issues it?
A work permit, often called an Employment Authorization Document or EAD, is a card issued by U.S. Citizenship and Immigration Services that proves the holder is authorized to work in the United States. Other work authorizations arise from specific visas or immigrant-status approvals.
How do I apply for an Employment Authorization Document in Brooklyn?
To apply for an EAD you generally file Form I-765 with USCIS, include required evidence and photos, and pay any applicable fee or request a fee waiver if eligible. Applications are filed with the appropriate USCIS service center. Processing times vary and you may need to attend a biometrics appointment.
How long does it take to get a work permit?
Processing times vary by category and workload at USCIS. Some EAD categories can be processed in a few weeks, others may take several months. Employer-sponsored visas and petitions have their own timelines. Always check current estimated processing times through official channels, and plan for potential delays.
Can I work while my work permit application is pending?
It depends on your immigration category. Certain applicants who timely file for renewal of an EAD in an eligible category may have automatic extensions of work authorization for a limited time. If you do not have valid authorization, working can lead to penalties and immigration consequences.
What happens if my work permit is denied?
If an EAD is denied you will receive a denial notice explaining the reason. Options can include filing a motion to reopen or reconsider, submitting a new application with additional evidence, or pursuing an appeal if available. An immigration lawyer can evaluate your case and advise next steps.
Do minors in Brooklyn need a work permit to work?
Yes, minors typically need working papers under New York State rules. Employers must comply with age limits, permitted work hours and hazardous occupations restrictions. Schools or school districts usually issue the necessary work permits for students.
Can my employer require proof of immigration status beyond the I-9 process?
No. Employers must follow Form I-9 procedures and cannot demand documents that are not required for identity and employment authorization. Employers cannot discriminate based on citizenship or national origin when enforcing I-9 rules.
Will a work permit allow me to travel internationally?
An EAD proves work authorization but does not by itself grant permission to reenter the United States. Travel rules depend on your underlying immigration status. Some applicants need advance parole or a valid visa to return. Consult an immigration lawyer before international travel if you have pending applications.
How much does an immigration work permit cost?
Fees depend on the immigration category and whether a biometric appointment is required. USCIS charges vary by form and circumstance, and fee waivers may be available for eligible applicants. In addition to filing fees, you may have legal fees if you hire counsel.
How do I find a reliable lawyer in Brooklyn for work permit issues?
Look for attorneys experienced in immigration and employment law, check credentials, ask about experience with your specific category, request a clear fee agreement, and ask for references or reviews. You can also contact local legal aid organizations for low-cost or free assistance if you qualify.
Additional Resources
There are several federal, state and local bodies and organizations that provide information or direct assistance with work permits and employment issues. Key agencies and organizations include USCIS for immigration forms and eligibility, the U.S. Department of Labor for federal wage and hour rules, the New York State Department of Labor for state wage, child labor and workplace standards, and New York City worker protection offices for city-level enforcement. Local legal aid groups, immigrant service organizations and bar associations in Brooklyn provide case assistance, referrals and community outreach. If you face workplace violations, look for groups that handle wage claims, discrimination and immigration-related employment issues.
Next Steps
If you need legal assistance with a work permit in Brooklyn, take these practical steps: gather and organize all documents related to your identity, immigration status, employment and any notices from government agencies; note key deadlines such as receipt notices or expiration dates; request a consultation with an experienced immigration or labor attorney to understand your options; ask about fees, timelines and likely outcomes during the consultation; consider seeking help from nonprofit legal services if you cannot afford private counsel; do not sign legal or immigration forms without understanding their impact; and avoid unauthorized employment that could harm your immigration prospects. Acting promptly and with professional guidance improves the chances of a successful result.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.