For many immigrants, obtaining the legal right to work in the United States is a critical step toward stability and opportunity. Employment Authorization Documents (EAD), commonly known as work permits, allow non-citizens to legally work while they pursue lawful status or await decisions on their immigration cases. In this guide, we’ll explain who qualifies for employment authorization, how to apply, and how to overcome common challenges in the process.
What Is Employment Authorization?
An Employment Authorization Document (EAD) is a card issued by U.S. Citizenship and Immigration Services (USCIS) that proves a non-citizen’s legal right to work in the United States for a specific period of time. It’s not the same as a green card or visa, but it is a powerful tool that allows individuals to work lawfully while their immigration situation is being resolved.
Who Needs a Work Permit?
If you are not a U.S. citizen or lawful permanent resident (green card holder), and you wish to work legally in the U.S., you will likely need a work permit. This includes people who are:
- Applying for asylum or already granted asylum
- Applying for adjustment of status (green card)
- Beneficiaries of DACA (Deferred Action for Childhood Arrivals)
- Holders of Temporary Protected Status (TPS)
- Certain F-1 visa holders (students)
- Spouses of certain visa holders (such as H-1B or L-1)
- Individuals with pending U visas, T visas, or VAWA petitions
- Persons with Deferred Enforced Departure (DED) or Deferred Action status
Who Is Eligible for Employment Authorization?
Not everyone qualifies for a work permit. You must belong to a category of immigrants who are either:
- Automatically authorized to work by their immigration status (e.g., refugees, asylees), or
- Eligible to apply for a work permit based on a pending or approved immigration application
Common Categories Eligible for a Work Permit
| Immigration Status or Application Type | Eligible for EAD? |
| Asylum applicant (pending) | ✅ Yes |
| DACA recipient | ✅ Yes |
| TPS holder | ✅ Yes |
| Adjustment of Status applicant (I-485) | ✅ Yes |
| U Visa or T Visa applicant | ✅ Yes |
| VAWA self-petitioner | ✅ Yes |
| F-1 student with OPT or STEM OPT | ✅ Yes |
| B-2 tourist | ❌ No |
| H-1B visa holder | ❌ Already authorized with visa |
How to Apply for a Work Permit
Step 1: Confirm Your Eligibility
Before applying, confirm that your current immigration status or application qualifies for employment authorization. Speak with an immigration attorney if you’re unsure.
Step 2: File Form I-765
The official application for a work permit is Form I-765, Application for Employment Authorization. You can file it online or by mail, depending on your eligibility category.
You’ll need to:
- Select the correct eligibility category (e.g., (c)(8) for asylum applicants, (c)(9) for adjustment of status applicants)
- Pay the required fee (or request a fee waiver with Form I-912, if eligible)
- Include supporting documentation
Step 3: Gather Supporting Documents
Typically, you’ll need to submit:
- A copy of a government-issued photo ID (e.g., passport)
- Copies of any prior EADs (if applicable)
- Your immigration paperwork (e.g., I-589 receipt for asylum, I-485 receipt for adjustment of status)
- Passport-style photos (per USCIS specifications)
Step 4: Submit Your Application
Mail or upload your application to USCIS, depending on whether your category is eligible for online filing. Make sure to track your submission and keep a copy for your records.
Step 5: Wait for USCIS Processing
Processing times vary based on the category and current USCIS backlog, but you can check estimated times on the USCIS processing time tool. Some categories may also qualify for expedited processing.
What to Expect After You Apply
After you file Form I-765, USCIS will:
- Send a receipt notice (Form I-797C) confirming they received your application.
- Schedule a biometrics appointment, if required (not all applicants need one).
- Make a decision and mail your EAD card if approved.
You can work legally once you receive your card and it is valid. Always check the expiration date—most EADs are valid for 1–2 years depending on your category.
Renewing Your Work Permit
If your current EAD is expiring, you should file for renewal as early as 180 days before the expiration date. In some cases, USCIS automatically extends your current EAD while the renewal is pending—but only for specific categories.
Be sure to:
- Use the latest Form I-765
- Mark “Renewal” on the form
- Submit updated documents if your situation has changed
Common Challenges and How to Overcome Them
1. Delayed Processing Times
Due to backlogs, EAD applications can take several months. If you’re experiencing financial hardship, you can request expedited processing by contacting USCIS and submitting evidence.
2. Incorrect Category on Form I-765
Choosing the wrong eligibility category can lead to delays or denials. Always double-check or consult with an attorney before submitting your application.
3. Missing Documentation
Make sure all documents are submitted in full and correctly formatted. Missing a photo or document can delay your case.
4. No Receipt or Updates
If USCIS doesn’t send you a receipt notice within 30 days of applying, contact them or check your online USCIS account if you filed electronically.
Tips for a Successful Application
- Consult with an immigration attorney: Especially important if you’re unsure of your eligibility.
- Keep copies of everything: Always save copies of your application, documents, and any USCIS correspondence.
- Apply early: If renewing, don’t wait until your card is about to expire.
- Track your case: Use the USCIS case status tool to monitor progress.
Why Work Authorization Matters
Having legal work authorization helps you:
- Find better jobs with legal protections
- Build a work history that supports future immigration benefits
- Avoid exploitation or unsafe work conditions
- Live with dignity and security while your case is pending
For many immigrants, a work permit is more than just a card—it’s the key to self-sufficiency, stability, and the opportunity to thrive.
How Monrreal Law Can Help
Applying for a work permit may seem simple, but small mistakes can lead to long delays or denials. At Monrreal Law, we’ve helped countless clients obtain and renew their Employment Authorization Documents with confidence and success.
We provide:
- One-on-one eligibility assessments
- Accurate form preparation and filing
- Document checklists tailored to your category
- Support in cases of delays, denials, or re-applications
If you believe you may qualify for a work permit or are experiencing issues with your current EAD, contact Monrreal Law today. Our experienced immigration team is here to help you take the next step with clarity and confidence.