Work Permit - United States

United States

In general, the United States do not require work permits for adult citizens. However, certain aliens are required to have an Employment Authorization Document from the United States Citizenship and Immigration Services (UCIS) of the Department of Homeland Security (DHS).

The federal government of the United States does not require work permits or proof-of-age certificates for a minor to be employed. However, the possession of an age certificate constitutes a good faith effort to comply with minimum age requirements of the Fair Labor Standards Act of 1938. The United States Department of Labor will issue a "certificate of age" if the minor employee's state does not issue them, or if the minor is requested by his or her employer to provide one. Several states are not listed in 29 C.F.R. 570.9(a), such as Alaska, Arizona, Idaho, Kansas, Mississippi, South Carolina, Texas, and Utah, and thus their certificates may not meet the requirements of 29 C.F.R. 570.5(b) as being evidence of compliance with the Fair Labor Standards Act.

Many states also require them for workers of certain ages. In some states, for example New Jersey, permits are only required for minors 14 and 15 years old, while others such as Massachusetts require, at least in theory, work permits for all minors up until they turn 18 years of age. In states that require permits for 16 and 17 year olds, enforcement is not always strict, although sometimes it is. Permits are usually issued through the school system the minor attends, and typically at a minimum, enrollment in high school with regular attendance (no chronic absenteeism, tardiness, or truancy) is required as a condition for obtaining the permit. Some states such as New York and Indiana require high school students with part-time jobs to maintain a certain grade point average. Minors who are working are usually restricted in the number of hours each day or week they are permitted to work as well as the types of jobs they may hold.