What Is a Work Permit
A work permit is official authorization from USCIS that allows a foreign national to be employed legally in the United States. The most common work permit is the Employment Authorization Document (EAD), also called a work visa or work authorization card. It's a physical card (Form I-765) that proves you can accept employment and that your employer won't face penalties for hiring you.
Work permits are separate from immigration status itself. You can have valid work authorization while your green card application is pending, while in student status, or while waiting for a visa number to become available. Many immigrants receive work permits years before they obtain permanent residency.
Who Gets Work Permits
USCIS issues work permits under specific eligibility categories. Common scenarios include:
- Adjustment of status applicants (I-485 pending): You can file Form I-765 concurrently with your green card application to get immediate work authorization while USCIS processes your case, which averages 12 to 24 months depending on your category.
- H-1B visa holders: Already authorized to work for their sponsoring employer, but can file I-765 for concurrent benefits if adjusting status.
- Refugees and asylees: Granted automatic work authorization upon approval.
- TPS (Temporary Protected Status) holders: Eligible for work permits if their country is designated by the Secretary of State.
- Family-based visa applicants: Can request work authorization while waiting for their priority date to become current through consular processing.
How to Obtain a Work Permit
The process depends on your immigration category. If you're adjusting status to permanent residence, file Form I-765 together with your I-485 green card application. USCIS will issue your EAD card within 60 to 90 days in most cases, even if your full green card application takes much longer.
If you're already in valid status and need work authorization, submit Form I-765 with required documents and a $410 filing fee (as of 2024). Include evidence of your eligibility category, such as your I-94 arrival record, current visa stamp, or refugee status documentation.
Work permits are typically valid for two years. You must renew your EAD before it expires if you want to continue working legally. USCIS allows you to file a renewal Form I-765 up to six months before expiration.
Validity and Employment Restrictions
An EAD card is recognized by employers as proof of work authorization. Most work permits allow employment with any U.S. employer. However, some categories restrict you to specific employers or industries. Always check the EAD card itself, which displays your category and any restrictions.
Your work permit remains valid as long as your underlying immigration status remains valid and the card hasn't expired. If your green card application is denied, your work authorization typically ends immediately. If you change immigration status to a non-work-authorized category, you cannot legally work.
Common Questions
Can I work while my green card application is pending? Yes, if you file Form I-765 with your I-485 adjustment application. You'll typically receive your EAD card before USCIS makes a decision on your green card, allowing you to work for 2 years while your case processes.
What's the difference between a work permit and a green card? A work permit (EAD) authorizes employment only. A green card (Form I-551) grants permanent resident status and allows employment, travel, and eventual citizenship. You can have a valid work permit without having a green card.
Do I need employer sponsorship to get a work permit? It depends on your category. Family-based applicants adjusting status don't need employer sponsorship for the I-765. Employment-based applicants typically already have sponsorship (H-1B). TPS and refugee applicants don't require sponsorship.