How to Get Work Authorization in the United States: A Complete Guide

How to Get Work Authorization in the United States: A Complete Guide

For many foreign citizens living in the United States, learning how to get work authorization is a crucial step toward being able to work legally and support themselves and their families. Work authorization comes in the form of an Employment Authorization Document (EAD), also known as a work permit. 

This guide explains the process, the required documents, and the application procedures you need to follow.

If you have questions about adjusting your immigration status, call us today at (619) 746-8879

Key Takeaways

• Form I-765 is required: To apply for a work permit or employment authorization document (EAD), applicants must complete and file Form I-765 with USCIS, along with the correct filing fee or fee waiver request.
• Eligibility varies: Only certain categories of foreign citizens — such as asylum seekers, those with temporary protected status (TPS), or applicants with a pending adjustment of status — are eligible for work authorization.
• Renewals are essential: An EAD card is valid for a fixed period, and you must file a renewal application before the expiration date to continue to work legally in the US.

What Is Work Authorization?

Work authorization allows a foreign citizen to legally work in the United States for a fixed period of time. The official document issued by USCIS (US Citizenship and Immigration Services) is the EAD card. 

Work permits are issued to eligible individuals in various categories, and the applicant must meet specific requirements to obtain one. The card includes an expiration date, and applicants must renew it before it expires if they want to continue employment.

Types of Work Authorization

Work authorization in the United States is not a one-size-fits-all process. The type of employment authorization document (EAD) or work permit you may be eligible for depends largely on your immigration status and the reason for your stay in the country. Here are some of the main types of work authorization available:

• Asylum Seekers: Individuals who have filed an asylum application and are waiting for a decision may be eligible to apply for an EAD. This allows asylum seekers to work legally while their case is pending.
• Pending Green Card (Permanent Residence) Applicants: If you have applied to adjust your status to permanent residence (a Green Card), you can often request a work permit while your application is being processed. This employment authorization lets you work in the United States until your green card is approved.
• Temporary Protected Status (TPS) Holders: People from certain countries designated for Temporary Protected Status can apply for an EAD, granting them the ability to work during the period their TPS is valid.
• Nonimmigrant Status Holders: Some nonimmigrant visa holders, such as students (F-1 visa holders with OPT or CPT), spouses of certain visa holders (like H-4 or L-2), and other specific categories, may qualify for employment authorization. The eligibility requirements and application forms can vary depending on the visa type and individual circumstances.
• Deferred Action Recipients: Individuals granted deferred action, such as those under Deferred Action for Childhood Arrivals (DACA), can apply for a work permit that allows them to work legally in the United States for a set period.

Each type of work authorization is tied to your specific immigration status and comes with its own eligibility requirements, forms, and supporting documents. The employment authorization document you receive will specify the period you are allowed to work and may include restrictions based on your status. 

For a complete list of eligibility categories and more detail on each type, visit the USCIS website or consult an immigration attorney such as Kannan Law in San Diego.

Who Can Apply for an EAD?

Not everyone is eligible for a work permit. Common eligibility categories include:

• Asylum seekers with a pending asylum application.
• People with Temporary Protected Status (TPS).
• Those with Deferred Action for Childhood Arrivals (DACA).
• A family member of certain visa holders.
• Individuals with a pending application to adjust status to permanent residence.
• Certain nonimmigrant workers who qualify under specific immigration laws. A nonimmigrant worker may also need to demonstrate strong ties to their home country as part of the visa application process, to show intent to return after their authorized stay.

A complete list of eligibility requirements is available on the USCIS website.

Step-by-Step: How to Get Work Authorization

1. File Form I-765

The first step is to complete Form I-765, the official application for employment authorization. It is important to submit completed forms, such as Form I-765, to avoid processing delays. This completed form can be submitted either as an online form through the USCIS website or by mail to the appropriate mailing address listed in the instructions. For certain categories, like asylum seekers, including the first page of your asylum application (Form I-589) as evidence of submission is crucial for proper processing.

2. Pay the Filing Fee (or Request a Fee Waiver)

Applicants must usually pay a filing fee using a money order or other approved payment method. In some cases, you may qualify for a fee waiver if you are requesting consideration due to financial hardship. Always check the new fees posted by USCIS before filing. Additional documentation may be requested by USCIS to support your fee waiver application.

3. Submit Supporting Documents

Along with your application, you must include proof of your immigration status, such as a copy of your visa, Green Card application, or asylum application. Other required documents may include a passport-style photo, evidence of eligibility, and additional information depending on your immigration case.

4. Biometrics Appointment

Some applicants will be scheduled for a biometrics appointment, where fingerprints, photos, and signatures are collected to verify identity.

5. Track Your Case

After filing, USCIS will send you a receipt number. You can use this number to track your application status online. You may also receive a text message or email update if you opted in.

6. USCIS Approves or Denies the Request

If USCIS approves your application, you’ll receive your EAD card in the mail. If denied, the notice will include more detail about why.

Renewing a Work Permit

Since an EAD is valid only for a fixed period, you must file a renewal application before the expiration date. The process is similar: submit a new Form I-765, include the supporting documents, pay the fee (or request a fee waiver), and wait for approval.

Additional Considerations

• Some applicants can apply for a Social Security Number when filing for an EAD.
• If you register permanent residence (apply for a Green Card), your work permit may allow you to work until your permanent residence is approved.
• Always double-check your mailing address with USCIS to avoid missing important documents.
• If you need more detail about your case, consider contacting USCIS directly or consulting an immigration attorney. We are ready to help you at Kannan Law, please contact us today!

Final Thoughts

Getting work authorization is an important step for many immigrants and asylum seekers in the United States. By properly completing the Form I-765, submitting the required documents, and following the application procedures, eligible applicants can obtain an EAD card that allows them to work legally while their immigration case is pending or while they maintain a specific immigration status.

Frequently Asked Questions

How long does it take for USCIS to approve a work permit application?

Processing times vary depending on your eligibility category and case type. On average, it can take anywhere from a few months to nearly a year. You can check current timelines on the USCIS website using your receipt number.

Can I travel outside the US while my work authorization is pending?

Filing a Form I-765 alone does not grant travel permission. If you leave the US without separate travel authorization (such as advance parole), it may affect your immigration case or even result in the application being considered abandoned.

What should I do if my EAD card is lost or stolen?

You must file a new Form I-765 with the appropriate fee (or fee waiver request) and provide supporting documents as evidence. USCIS will issue a replacement card once your application is approved.