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Work permit issues in McAllen are governed primarily by federal immigration and labor laws, with state rules in Texas and some local procedures affecting employment practices. For noncitizens, the main document that authorizes work in the United States is the Employment Authorization Document - commonly called an EAD - issued by U.S. Citizenship and Immigration Services. Employers in McAllen must also follow federal verification rules that require them to verify each employee's identity and eligibility to work using Form I-9. For minors, separate child labor rules at the federal and Texas state level limit hours and types of work.
McAllen is located in the Rio Grande Valley, where agricultural and seasonal jobs, cross-border employment issues, health care positions, and service industry roles are common. That local context can shape the types of work-permit matters people face, but the legal framework for authorization and employer compliance is set at the federal level and implemented locally by employers, schools, government offices, and community legal service providers.
Work-permit matters often intersect with complex immigration rules, employer obligations, and administrative procedures. You may need a lawyer if you are trying to obtain, renew, replace, or correct an Employment Authorization Document. A lawyer can help if your EAD application was denied, delayed for a long time, or lost in processing. Attorneys assist with appeals, motions to reopen, and requests for expedited processing when emergencies or urgent employment needs exist.
Other situations where legal help is useful include disputes with an employer about I-9 compliance, wrongful termination related to immigration status, or allegations of unauthorized employment. If you are applying for a particular nonimmigrant visa that permits employment - such as H-1B, H-2A, H-2B, TN, or L categories - or if you are seeking to adjust status based on an immigrant petition, an immigration lawyer can explain whether and when you may lawfully work. For minors, a lawyer can advise on state child-labor restrictions and permitted school-work arrangements. Finally, a lawyer can evaluate alternatives, such as applying for different immigration benefits that carry work authorization, and represent you before agencies or in court if needed.
Key points to understand about local and applicable laws in McAllen are:
- Federal immigration law controls who is authorized to work. Work authorization for most noncitizens requires a valid EAD or a visa category that confers employment rights. Employers must complete Form I-9 for all new hires and may use E-Verify if enrolled or if state or federal contracts require it.
- U.S. Citizenship and Immigration Services (USCIS) issues EADs under specific eligibility categories, including asylum applicants, adjustment of status applicants, certain visa dependents, Temporary Protected Status recipients, and others. Processing times vary by category and workload.
- U.S. Department of Labor rules apply to wage and hour protections, minimum wage, overtime, and child-labor protections. For agricultural and seasonal labor in South Texas, employers may use temporary-worker programs such as H-2A and H-2B when requirements are met.
- Texas state law and agencies, including the Texas Workforce Commission, administer unemployment insurance, workforce development, and enforce some employment-related rules. Texas child-labor rules often mirror federal restrictions but may include specific state requirements for minors working in certain industries.
- Local government entities, schools, and health-care providers in McAllen must comply with the same federal and state rules. Local courts and legal aid organizations provide venues for disputes and assistance for low-income residents.
An Employment Authorization Document, or EAD, is a card issued by USCIS that shows a noncitizen is legally permitted to work in the United States. EADs are available to people in various categories, including certain asylum seekers, adjustment-of-status applicants, spouses of some visa holders, recipients of Temporary Protected Status, and others who meet USCIS eligibility rules.
To apply for an EAD you generally file Form I-765 with USCIS and submit supporting evidence showing you qualify under a specific category. The application requires identity documents, proof of immigration status or pending application, and the required filing fee or a fee waiver request if eligible. Processing times vary by category and may be longer during periods of heavy caseloads.
Whether you can work while your EAD application is pending depends on your category and USCIS rules. Some applicants are eligible for automatic extension of a prior EAD if they timely filed a renewal and meet certain conditions. Others may not be authorized to work until USCIS issues an EAD. Check your eligibility carefully and consult an attorney if you are unsure.
If your EAD is lost, stolen, or damaged you should file Form I-765 to request a replacement and provide an explanation and supporting documents. You may also need to report theft to local police if identity theft is a concern. Employers may accept a receipt notice in some situations, but you should get a replacement card promptly to show continued work authorization.
Processing times vary by eligibility category, USCIS workload, and any requests for evidence. Typical processing can range from several weeks to several months. Some categories have longer backlogs. USCIS posts processing time estimates, but times are subject to change. If you have urgent needs, an attorney can advise whether you may request expedited processing and whether you meet the stringent criteria.
Yes. Employers in McAllen must complete Form I-9 for each new hire to verify identity and employment authorization. Some employers participate in E-Verify, an electronic system that checks I-9 information against government records. Employers may not discriminate against employees based on citizenship or immigration status during verification and hiring.
If USCIS denies your EAD application you will receive a written decision explaining the reasons. You may be able to file a motion to reopen or reconsider, or pursue administrative appeals if available for your category. In many cases you should consult an immigration attorney quickly to evaluate options and possible remedies, including re-filing with corrected documentation or pursuing another immigration pathway.
Minors generally follow federal and Texas child labor rules that limit hours, types of work, and conditions. Some jobs require a local or school-issued permit for minors under 18. If you are a minor or an employer of minors, check with the Texas Workforce Commission or local school authorities about required permits and permitted work hours for different ages.
Working without authorization can have serious immigration consequences. Unauthorized employment may affect future immigration benefits, lead to removal proceedings, or create bars to adjustment of status in certain circumstances. Because consequences depend on individual facts, consult an immigration lawyer before taking actions that could affect your immigration case.
Look for lawyers who specialize in immigration and employment law and who are admitted to practice in Texas. Ask about experience with EADs, Form I-9 issues, and relevant visa categories. Request information about fees, billing practices, and whether they offer a consultation. If you cannot afford a private attorney, seek local legal aid organizations or pro bono services that serve Hidalgo County and the Rio Grande Valley.
For federal agency guidance consult U.S. Citizenship and Immigration Services and the U.S. Department of Labor for information on work authorization, wage-and-hour rules, child-labor regulations, and temporary-worker programs. The Social Security Administration handles Social Security number issues needed for employment. At the state level the Texas Workforce Commission offers workforce services and information about employer obligations and unemployment insurance.
Local and regional organizations that commonly assist in McAllen include Texas RioGrande Legal Aid, Catholic Charities of the Rio Grande Valley, local bar associations such as the Hidalgo County Bar Association, and immigration lawyer referral services like the American Immigration Lawyers Association. Community-based nonprofits may offer low-cost or pro bono legal clinics, language access, and help with paperwork.
If you need legal assistance with a work-permit matter in McAllen, start by gathering relevant documents - passports, immigration notices, prior EADs, I-94 records, job offer letters, and any notices you received from USCIS or an employer. Write down the timeline of events and specific questions you want answered.
Contact a qualified immigration attorney or a local legal aid provider to schedule a consultation. Ask about experience with your specific issue, likely timelines, fees, and whether the provider offers payment plans or a sliding-fee scale. If you cannot afford private counsel, inquire about pro bono clinics and community organizations that assist with immigration and employment paperwork.
Act promptly if you face imminent job loss, an approaching expiration of work authorization, or a denial or notice from USCIS. Timely legal help can preserve options and may allow you to meet filing deadlines or request emergency relief when appropriate.
