What is a Work Permit, and Do You Need One?
A work permit, or an Employment Authorization Document (EAD), is a card issued by U.S. Citizenship and Immigration Services (USCIS) that proves you’re legally allowed to work in the country. Not every immigrant needs one—if you have a green card (lawful permanent resident status) or a work visa, you’re already authorized to work.
However, if you don’t have a visa that allows you to work or a green card, you may need to file Form I-765 to request work authorization. Getting a work permit application approved depends on your immigration status and whether you fall into an eligible category.
Who Can Apply for a Work Permit?
The U.S. doesn’t just hand out work authorization to everyone. Here’s a look at who can apply:
1. Asylum Seekers and Refugees
If you were granted asylum or refugee status, you’re usually eligible to apply for an EAD right away. If your asylum case is still pending, you must wait 150 days after applying before you can request a work permit.
2. DACA and TPS Recipients
People under Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) can typically apply for a work permit, though changes in immigration law could impact eligibility. It’s always a good idea to check with an immigration attorney if you’re unsure.
3. Green Card Applicants (Adjustment of Status)
Applying for a green card? While waiting for approval, you can request a work permit to legally work in the U.S. while your case is processed.
4. Certain Visa Holders
Some nonimmigrant visas allow work under specific conditions. These include:
- H-1B visa holders (specialty occupations)
- L-1 visa holders (intra-company transfers)
- O-1 visa holders (extraordinary ability individuals)
- Spouses of E, L, and some H-1B visa holders (who may need to apply separately for work authorization)
5. Immigrants in Deportation Proceedings
If you’re facing removal proceedings, you may be eligible to apply for a work permit if you’ve applied for cancellation of removal or similar relief. Having legal work authorization while fighting your case can be a game-changer.
Who CANNOT Work in the U.S.?
Not everyone qualifies for an EAD. Here’s who typically can’t legally work in the U.S.:
1. Undocumented Immigrants Without Pending Applications
If you have no pending immigration applications (such as asylum or green card applications), you cannot legally work in the U.S. and could face serious consequences if caught.
2. Tourist Visa Holders (B-1/B-2)
If you’re in the U.S. on a visitor visa, you are not allowed to work. Working while on a nonimmigrant visa that does not permit employment is considered a violation of immigration law.
3. Expired Work Permit Holders
If your work permit expires, you must renew it before continuing to work. Working without authorization can hurt your chances of adjusting status later.
How to Apply for a Work Permit (Step-by-Step)
If you’re eligible to apply for a work permit, here’s how the process works:
Step 1: Submit Form I-765
You’ll need to file Form I-765 with USCIS, along with the appropriate filing fee and supporting documents that prove you qualify.
Step 2: Attend a Biometrics Appointment (If Required)
Some applicants need to provide fingerprints and other biometric data as part of the process.
Step 3: Wait for a Decision
Processing times vary, but USCIS typically takes several months to approve work permit applications. You can track your case online at uscis.gov.
Step 4: Receive Your Work Permit (EAD Card)
If approved, USCIS will mail your Employment Authorization Document (EAD), which allows you to work for a specific period.
What If Your Work Permit Application Is Denied?
A denial doesn’t necessarily mean the end of the road. Depending on why it was denied, you might be able to:
- Reapply with stronger evidence
- File an appeal or motion to reopen
- Explore other work authorization options
An immigration attorney can help determine your best course of action.
Can You Work While Waiting for Your Work Permit?
No. If you don’t already have work authorization, you cannot work legally while waiting for approval. Doing so could create serious immigration status issues.
Work Permit Renewal: What You Need to Know
If you already have a work permit, don’t wait until the last minute to renew it! The process involves:
- Submitting a new Form I-765
- Paying the required fee (if applicable)
- Proving you still qualify for an EAD
In some cases, USCIS may grant an automatic extension if your renewal is still being processed.
Need Help with Your Work Permit? Contact the Law Office of Lina Baroudi
Navigating work permit eligibility and immigration laws can feel overwhelming, but you don’t have to do it alone. Whether you’re applying for a work permit, renewing an EAD, or dealing with a denial, the Law Office of Lina Baroudi is here to help.
Our dedicated immigration attorneys will guide you every step of the way, ensuring you understand your rights and options.
Don’t risk your ability to work legally—contact us today to schedule a consultation and get the support you need.
