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Work permit issues in Brownsville, Texas, fall into two broad categories - employment authorization for non-citizens under federal immigration law, and special rules for employing minors under federal and state labor laws. Federal law governs whether a non-citizen may lawfully accept employment and how employers must verify work authorization. Texas and local rules supplement federal protections on child labor, wages, and workplace safety. Brownsville residents seeking to work, hire someone, or resolve a dispute should understand both the federal immigration framework and state labor rules that apply in Cameron County.
You may need an attorney when a work permit issue is complex, contested, or time-sensitive. Common situations include:
- Denial, delay, or denial of renewal of an Employment Authorization Document - EAD - where administrative appeals or motions may be required.
- Employer refusal to hire or wrongful termination based on immigration status, or threats of retaliation for asserting workplace rights.
- Challenges with Form I-9 compliance, employer audits, or E-Verify disputes that could lead to job loss, fines, or criminal exposure.
- Immigration cases that affect work eligibility - for example, adjustment of status, asylum, temporary protected status, DACA, or dependent visas that permit work - where strategic legal advice affects timing and eligibility.
- Wage and hour disputes, wage theft, or child labor violations affecting minors who are working or seeking permission to work.
- Representation before government agencies - USCIS, U.S. Department of Labor, Texas Workforce Commission, or immigration courts - where procedural rules and evidence are important.
Key legal points to know in Brownsville:
- Federal immigration law determines who may legally work in the United States. Non-citizens generally need an Employment Authorization Document - EAD - or an immigrant/nonimmigrant status that authorizes employment. Employers must complete Form I-9 to verify each worker's identity and authorization to work.
- Certain Texas employers and public entities are required to use E-Verify to confirm new hires. Employers should confirm whether they are subject to that requirement, and whether specific contracts impose E-Verify obligations.
- Minimum wage in Texas follows the federal minimum wage of $7.25 per hour. Overtime pay rules under the federal Fair Labor Standards Act apply to most employees - typically time-and-one-half for hours worked over 40 in a workweek for non-exempt employees.
- Child labor rules limit hours, occupations, and tasks for workers under 18. Federal child labor law restricts hazardous occupations for minors and limits hours for younger teens. Texas enforcement is coordinated through the Texas Workforce Commission and local school districts may have requirements or procedures for work certificates or age verification for students.
- Anti-discrimination and retaliation protections exist under federal and state law. Employers cannot discriminate against employees or applicants based on national origin, citizenship status in certain contexts, or retaliate against workers who complain about labor violations.
- Local advocacy groups, legal aid organizations, and county offices in the Rio Grande Valley provide assistance and referrals for immigration and employment matters. Administrative remedies and appeals have strict deadlines, so timely action is important.
A work permit commonly refers to an Employment Authorization Document - EAD - issued by U.S. Citizenship and Immigration Services for certain non-citizens who are authorized to work. Citizens do not need an EAD. Some visa holders are authorized to work by their visa status and do not need a separate EAD. Minors may need an employment certificate or school permission in some circumstances. Whether you need documentation depends on your immigration status and age.
To seek an EAD, eligible applicants generally file USCIS Form I-765 with supporting evidence and any required fee. Eligibility categories include asylum applicants, certain family-based or humanitarian categories, temporary protected status, DACA recipients, and others. Processing times vary by category and USCIS workload. An immigration attorney can help determine the correct category and supporting evidence.
Minors are subject to federal child labor rules and Texas regulations that limit hours and occupations. Employers often must verify age and may need documentation if hiring 14 or 15 year olds. School districts sometimes issue work certificates or provide guidance for student employment. Requirements vary by situation, so check with the employer, the Texas Workforce Commission, or local school officials for specific steps.
Processing times vary by the type of application and USCIS caseload. Some categories may be processed within a few months; others may take longer. Delays can occur due to requests for evidence, background checks, or recent policy changes. For urgent situations, some applicants may request expedited processing under narrow criteria, but such requests are granted only in limited circumstances.
Yes. Federal law requires employers to verify identity and employment authorization for each new hire using Form I-9. Employers may request acceptable documentation showing identity and work authorization. Employers must treat all employees consistently and cannot demand different documents from different workers to avoid discrimination.
Working without authorization can have serious immigration consequences, including ineligibility for certain immigration benefits, denial of future applications, or enforcement actions. In some cases, unauthorized work can also affect removal proceedings. If you have worked without authorization, speak with an immigration attorney promptly to evaluate options and risks.
If your EAD expires and you no longer have valid work authorization, an employer may be required to end your employment to comply with Form I-9 requirements. Some categories allow timely filing for renewal which may provide temporary work authorization while a renewal is pending. An attorney can advise whether you qualify for interim benefits or protection while you apply to renew.
Review the denial notice carefully. Denials often explain the reason and whether an appeal or motion is possible. Some denials can be appealed or reopened; others may permit filing a new application with additional evidence. Consult an immigration lawyer quickly to assess deadlines for appeals or motions and to develop the best next steps.
If you face wage theft, unpaid overtime, or retaliation tied to your work authorization, you can file complaints with the U.S. Department of Labor - Wage and Hour Division, the Texas Workforce Commission, or seek private legal counsel. Immigrant workers have legal protections against retaliation for asserting wage and hour rights.
Look for attorneys experienced in immigration and employment law. Consider referrals from local bar associations, legal aid organizations that serve the Rio Grande Valley, or attorney directories that list immigration practice experience. Before hiring, ask about experience with your specific EAD category, fees, likely timelines, and success strategies. Many organizations offer low-cost or pro bono help if you cannot afford private counsel.
Organizations and agencies that can be helpful:
- U.S. Citizenship and Immigration Services - for EAD applications, Form I-765, and processing information.
- U.S. Department of Labor - Wage and Hour Division - for wage, overtime, and child labor complaints.
- Texas Workforce Commission - for state labor rules, child labor laws, and employer guidance.
- Equal Employment Opportunity Commission - for discrimination and national origin claims.
- Local legal aid and immigrant service organizations in the Rio Grande Valley - such as regional legal aid providers and nonprofit immigration assistance groups - for low-cost or pro bono representation and guidance.
- Brownsville or Cameron County bar associations and lawyer referral services - for vetted attorney referrals.
- Local school district offices - for information on student work certificates, permitted work hours for minors, and school-related employment programs.
If you need legal assistance with a work permit matter in Brownsville, use this checklist to move forward:
- Gather documents - passport, immigration documents, previous EADs, I-94, visas, pay records, employment letters, school records if you are a minor, and any agency notices.
- Determine whether your issue is immigration-based, a labor dispute, or both. This will help you find the right type of attorney.
- Contact a qualified immigration or employment lawyer for an initial consultation. Ask about experience with cases like yours, fees, likely timelines, and possible outcomes.
- If cost is a concern, reach out to local legal aid organizations and community groups that provide low-cost or free services in the Rio Grande Valley.
- Keep strict deadlines in mind for renewals, appeals, or administrative complaints. Acting promptly preserves options and remedies.
- Document communications with employers and agencies in writing, and keep copies of all forms and receipts. Good records strengthen your case if enforcement action or appeals are needed.
Taking prompt, informed action will improve your chances of resolving a work permit issue effectively. A qualified lawyer can provide tailored advice for your situation in Brownsville and help protect your legal rights.
