Whether you’re applying for asylum, waiting for a green card, or residing here under another legal status, the ability to work is often your main concern. In the United States, this requires applying for an Employment Authorization Document, or EAD. However, the process is not automatic, and not everyone qualifies. If you’re uncertain where to begin, you’re not alone.
In fiscal year 2023, USCIS received over 2.3 million applications for work permits. Processing times and approval rates vary based on the applicant’s status and whether the forms were correctly submitted.
“The work permit is often the first step toward stability in the U.S., but it’s also where many people make avoidable mistakes,” says Jennifer L. Bennett, Lead Attorney at JLB Law Group. “A lawyer ensures that your application is timely, complete, and based on the right eligibility category.”
Here’s what you need to know before you apply.
Who Is Eligible for a U.S. Work Permit?
Work permits are not available to everyone. You must fall under a category recognized by USCIS as eligible for employment authorization. Some of the most common include:
- Asylum seekers (after your asylum application has been pending 150 days, if you did not cause any delays)
- Applicants for adjustment of status (green card)
- DACA recipients
- TPS holders
- F-1 students with OPT or severe economic hardship
- Spouses of certain visa holders (e.g., L-2, E-2, H-4)
Each category requires different supporting documents, and applying under the wrong one can postpone or reject your work authorization. A lawyer helps confirm you’re applying under the correct category for your situation.
Form I-765: What It Is and How to File It
To apply for a work permit, you must submit Form I-765 to USCIS. This form requests information about your immigration status, eligibility category, and biometric background.
You must include:
- A copy of your current immigration document (e.g., I-94)
- Proof of your eligibility category
- Passport-style photos
- Government-issued ID
- Applicable filing fee (or a fee waiver, if eligible)
The official USCIS I-765 page provides the current form version and fee schedule. Applications that are incomplete, unsigned, or missing evidence are commonly rejected or delayed.
How Long Does It Take to Get a Work Permit?
Processing times depend on your eligibility category and the USCIS service center handling your case. Most EAD applications take between 2 and 6 months to process, although some categories may qualify for expedited service under specific conditions.
Recent USCIS processing time reports show delays are typical due to backlogs, errors in submissions, and missing information. A lawyer can monitor your case, respond quickly to Requests for Evidence, and escalate your application if it stalls.
What Happens After You Get Approved?
Once your application is approved, you’ll receive your Employment Authorization Document in the mail. This card allows you to work legally for any U.S. employer for the period listed on the card, usually one to two years.
Keep in mind:
- You must renew your EAD before it expires, typically within 180 days of the expiration date.
- Your right to work depends on your ongoing immigration status. If your underlying application is denied, your work permit may become invalid.
- Some EAD holders are eligible for automatic extensions if they reapply on time under the same category.
Many people incorrectly assume that once they have a work permit, no further action is needed. But the EAD is temporary and tied to your legal status, which means tracking deadlines and renewals is crucial.
Don’t Risk Delays With Your Work Permit
Applying for a U.S. work permit might appear straightforward, but the consequences of small mistakes can be significant. Delays or denials can affect your ability to earn income, support your family, or maintain your immigration status.At JLB Law Group, we help clients apply for work permits with confidence. Under Jennifer Bennett’s leadership, we’ve handled thousands of applications and resolved even the most complicated cases. Talk to us today about starting your application the right way.