Work permit

Working legally in the United States is an opportunity that not everyone automatically has. Although U.S. citizens and permanent residents (green card holders) do not require any additional paperwork to work, there are many cases in which express authorization is required to do so.

Who can legally work in the US?

There are three main groups that may be authorized to work in the United States:

1. US Citizens and Legal Permanent Residents (Green Card):

They can work freely without the need for additional authorization.

2. Foreigners who must apply for an employment permit:

They must submit an application to USCIS and obtain a document known as an EAD (Employment Authorization Document) or work permit.

3. Foreigners with limited authorization to work with a specific employer:

For example, those with H-1B, L-1, O-1 visas, among others, which allow them to work only with the sponsoring employer.

What is the EAD or Work Permit?

The Employment Authorization Document (EAD) is a card issued by the U.S. Citizenship and Immigration Services (USCIS) that allows you to work legally for a specified period.

It is issued to people who have certain valid or pending immigration statuses, such as applicants for:

Asylum or refuge.

Adjustment of status (Green Card in process).

TPS (Temporary Protected Status).

DACA (Deferred Action).

U or T visa (victims of crimes or trafficking).

Humanitarian parole, among others.

Who can apply for a Work Permit?

Each case must be evaluated individually, but some common examples of eligibility are:

Immigration category	Can you apply for EAD?
Asylum or refugee seekers	Yes, after a certain waiting time
Applicants for adjustment of status (I-485)	Yes
TPS beneficiaries	Yes
DACA Recipients	Yes
People with humanitarian parole	Yes, depending on the case.
International students (F-1)	Yes, with restrictions and authorizations (OPT, CPT)
Specific work visas (H-1B, L-1, etc.)	They do not need an EAD; they are already authorized

What form is used?

The procedure is carried out through:

Form I-765 – Application for Employment Authorization

It must be submitted to USCIS along with supporting documentation demonstrating eligibility, and in some cases, it may be submitted along with another application, such as adjustment of status (I-485).

How long does it take and how much does it cost?

Concept	Details
Processing time	From 2 to 6 months, depending on the case
Standard I-765 Fee	$520 (may vary by category and if submitted with other forms)
Validity of the EAD	Generally 1 to 2 years (renewable)

In some cases, if the permit is applied for along with the adjustment of status, no additional fee is charged.

Can it be renewed?

Yes. The EAD can be renewed if the individual still meets the eligibility requirements. USCIS recommends submitting the renewal application three to six months before the expiration date to avoid employment disruptions.

Frequently Asked Questions (FAQs)

Does a work permit give me permanent residency?

No. It is a temporary authorization, not a direct path to residency, although it can accompany processes such as adjustment of status.

Can I work anywhere with an EAD?

Yes, an EAD generally allows you to work for any employer in the United States, unless restricted by your specific immigration status.

What happens if I work without authorization?

Working without permission is a serious violation of immigration laws that can affect future applications for permanent residency or citizenship.

What do I do if my EAD is about to expire?

You can apply for renewal by resubmitting Form I-765. In some cases, you will receive an automatic extension if you file your renewal on time.

Statement: The concepts explained should not be taken as legal advice, it is a compendium of public information from the INA.

In all cases, consultation with an attorney is recommended to determine your eligibility. At Immigration Document Preparers, we limit ourselves to submitting forms to USCIS correctly based on the information that the client provides us. We do not give advice or legal advice.