All You Need to Know About Work Authorization
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What is Work Authorization?

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Work authorization essentially refers to the official permission granted to professionals that allows them to work legally within a specific country or region. It is a crucial process that ensures individuals are compliant with the legal requirements and are eligible to engage in employment activities. 

Simply put, it is a vital process that establishes the legal framework for individuals to work lawfully in a particular location.

Work authorization is an essential aspect in the modern world since it delineates the rights and privileges of both employees and employers while also protecting the interests of the labor market and the economy at large.

The types of work authorization vary depending on the particular circumstances and the legal framework of the country. 

What are the Different Types of Work Authorization?

There are several types of work authorization, each designed for specific situations. 

1. Work Visas

Work visas are commonly issued to foreign individuals who have been offered a job in another country. These visas are typically tied to a specific employer and may have certain restrictions regarding the type of work, duration of stay, and potential for renewal. 

Typically, these visas require sponsorship from an employer and are subject to approval by immigration authorities. H-1B visas in the United States and Tier 2 visas in the United Kingdom are a few common examples.

2. Permanent Residence or Work Permits 

Permanent residence or work permits grant individuals the right to reside and work in a specific country on a long-term basis. Since they are not tied to a specific employer, they offer more stability and flexibility compared to work visas. 

Permanent residence or work permits often require meeting certain criteria, such as having a job offer, possessing certain skills or qualifications, or making a significant investment in the country. Green Cards in the United States and the European Blue Card are examples of such permits.

3. Temporary Work Permits

Temporary work permits allow individuals to work in a country for a limited duration. These permits may be granted to fill labor shortages, promote cultural exchange, or even support international businesses. 

Temporary work permits typically have specific conditions, such as the duration of stay and the type of work allowed. Examples include the Canadian Temporary Foreign Worker Program and the Australian Temporary Skill Shortage visa.

4. Employment Authorization Documents (EAD) 

Employment Authorization Documents are issued to specific individuals within a country’s borders, granting them the right to work legally. These documents are commonly provided to individuals such as international students, spouses of work visa holders, or asylum seekers. 

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EADs allow them to engage in employment activities and contribute to the local economy. The United States issues EADs, commonly known as work permits, to eligible individuals who are not U.S. citizens or permanent residents.

The Need to Maintain Immigration Compliance 

Maintaining immigration compliance is crucial for organizations. It not only helps them follow work authorization regulations, but also safeguards them against legal, financial, and reputational risks. Failure to comply can result in severe penalties such as hefty fines, loss of business privileges, and harm to the organization’s reputation.

To avoid these risks, employers must establish clear procedures to verify the work authorization status of their employees and keep accurate records. This includes noting the expiration dates of work visas or permits, conducting regular audits to ensure compliance, and promptly addressing any issues that may arise.

Staying informed about any changes or updates in immigration laws or regulations is also critical. This allows employers to adapt their policies and procedures accordingly, ensuring they maintain compliance with work authorization requirements. By prioritizing immigration compliance, organizations protect themselves and their employees, while fostering a culture of legality and ethical conduct.

What are the Responsibilities of an Employer Regarding Work Authorization?

Employers are certainly responsible for ensuring that their employees have the necessary work authorization. 

They must verify the authenticity of the documents provided by employees. This may involve conducting background checks or contacting relevant immigration authorities. They are also expressed to keep records and copies of work authorization documents for each employee. It is important to maintain accurate and up-to-date records to demonstrate compliance with legal requirements.

Furthermore, they must monitor the expiration dates of work authorization documents and initiate the renewal process, if necessary. Employers should keep track of expiration dates and inform employees in advance to avoid any disruptions in their work authorization status.

The employers should also make sure to comply with any additional reporting or documentation requirements imposed by local laws. 

How Can Employees Cooperate During the Process?

Employees must provide accurate and up-to-date documentation to their employer when hired and whenever there are changes to their immigration status.

Apart from that, they should inform their employer in advance of any changes to their work authorization status, such as expiration or renewal. Employees should also proactively communicate any changes in their immigration status to their employer to ensure that the necessary steps are taken to maintain their work authorization.

They should also be aware of the expiration dates of their authorization documents and initiate the renewal process well in advance to avoid any disruptions in their ability to work legally. Staying informed about the immigration laws and regulations of the country they are working in would also help.

International Assignments and Compliance with Immigration Laws

When employees are assigned to work in different countries, organizations face unique challenges. They must consider obtaining the necessary work visas, fulfilling tax obligations, and providing support to employees in unfamiliar environments. To navigate these complexities, employers should seek guidance from immigration experts who can help with the specific requirements and processes of each country.

Creating a comprehensive mobility program is crucial for complying with immigration laws. This program should outline the steps for obtaining work visas and permits, as well as address compliance-related issues like taxes and immigration paperwork.

Now you can easily hire & employ international remote talent in full time jobs without opening international subsidiaries. Find out more about Tarmack's Employer of Record services.

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Here’s How an International Talent Acquisition Partner Can Help

Shifting through the complexities of work authorization in different countries can be overwhelming. However, having a global talent acquisition company like Tarmack by your side can significantly ease the process. 

We understand that obtaining work authorization can be a daunting and time-consuming process, filled with paperwork, legal requirements, and regulations. 

Our team of experts not only has the knowledge and expertise to guide you through this process smoothly, but we also provide a human touch by offering personalized support and guidance every step of the way. With our help, you can focus on your professional goals and leave the challenges associated with work authorization to us.

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