If you’ve submitted an immigration application and are waiting for a decision, you might be wondering whether you’re allowed to work in the U.S. The good news is that in many cases, you have the option to apply for a work permit, also known as an Employment Authorization Document (EAD), while your immigration case is pending.
Here’s what you need to know about the process:
Who Can Apply?
Not everyone qualifies for a work permit just because they’ve filed an immigration application. Typically, you may be eligible to apply for an EAD if you:
- Have a pending asylum application (Form I-589)
- Are applying for adjustment of status (Form I-485)
- Have Temporary Protected Status (TPS)
- Are under Deferred Action, DACA, or another eligible category
Always make sure to check with an immigration attorney to confirm your eligibility.
How to Apply
To apply for a work permit, you should file Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS). Here are the basic steps:
- Download and complete Form I-765 from the USCIS website.
- Include all supporting documents, like a copy of your immigration filing receipt, your passport or ID, and prior EADs if applicable.
- Pay the filing fee (unless you qualify for a fee waiver).
- Mail your application to the USCIS address listed for your category.
You can also apply online if eligible.
When to Expect a Decision
Processing times for work permits will vary depending on your immigration category and USCIS backlogs. Most applicants receive a decision within 3 to 7 months. If approved, you’ll get your EAD in the mail and can begin working legally in the U.S.
Why It Matters
Having a work permit not only allows you to legally work and support yourself during your case—it can also help you build credit, apply for a driver’s license, and feel more secure while you wait.
Need help applying for a work permit or unsure if you qualify? Our experienced team will help you through this process.Contact us today for a consultation.
