The waiting game during immigration proceedings can feel endless. But one of the most pressing questions my clients ask isn’t just about their final immigration status – it’s about survival today: “Can I legally work while my case is pending?”
As an immigration attorney who was once an immigrant myself, I understand that supporting yourself and your family can’t be put on hold. The good news is that many immigrants with pending applications may be eligible for work authorization, allowing them to earn a living legally while their cases move forward.
What Is a Work Permit?
A work permit, officially known as an Employment Authorization Document (EAD), is issued by U.S. Citizenship and Immigration Services (USCIS). This document authorizes you to work legally in the United States for a specified period.
It’s important to note that a work permit is different from a work visa. A work visa, like the H-1B or L-1 visa, is typically tied to a specific employer or job. An EAD, on the other hand, allows you to work for any employer in the U.S. or even be self-employed.
According to 8 CFR §245.2(a)(4)(ii)(B), travel outside the United States by an applicant for adjustment of status who is not in removal proceedings will not abandon their application if advance parole was obtained prior to departure.
Who Is Eligible to Apply for a Work Permit?
Eligibility for a work permit depends on your immigration status and the type of application you have filed with USCIS. Here are some common scenarios where you might be eligible:
Adjustment of Status (Green Card Applicants)
If you’ve filed Form I-485, Application to Register Permanent Residence or Adjust Status, you can also file Form I-765, Application for Employment Authorization, at the same time. As per 8 U.S.C. §1255(a), adjustment applicants may qualify for employment authorization during the pendency of their case.
Pending Asylum Application
Individuals with a pending asylum case can apply for a work permit 150 days after submitting their asylum application. However, they can only receive the EAD after the asylum application has been pending for at least 180 days, according to 8 CFR Part 208.
Temporary Protected Status (TPS)
If you’ve been granted TPS, you may be eligible for an EAD to work legally while maintaining your protected status in the U.S. This is confirmed by Matter of Z-R-Z-C-, which provides guidance on TPS holders’ eligibility for work permits while their cases are pending.
Certain Visa Holders
Some nonimmigrant visa holders, such as spouses of H-1B (H-4 visa holders) or L-1 visa holders (L-2 visa holders), may also be eligible for a work permit under specific circumstances. According to INA §203(b), these categories are outlined to provide flexibility in employment opportunities.
How to Apply for a Work Permit
Applying for a work permit involves submitting Form I-765 to USCIS. Here’s a step-by-step guide:
1. Confirm Eligibility
Ensure that your immigration status or application type qualifies you to apply for a work permit. Review the instructions for Form I-765, which outline the eligibility categories.
2. Gather Required Documents
You will need to submit the following:
- Form I-765 (completed and signed)
- A copy of your Form I-94, if applicable
- Evidence of your immigration status, such as a copy of your green card application receipt (Form I-797 Notice of Action)
- A copy of a previous EAD (if you have one)
- Two passport-style photos
- Filing fee (if required) or a fee waiver request (Form I-912)
3. File Your Application
You can file Form I-765 either online or by mail, depending on your specific case type. USCIS will provide instructions on where to send your application.
4. Wait for Processing
USCIS processing times for work permits vary but typically range from a few weeks to several months. You can track your application status online using the receipt number provided by USCIS.
How Long Does It Take to Get a Work Permit?
The processing time for a work permit can vary depending on your case and the USCIS service center handling your application. For many adjustment of status applicants, work permits are issued within 4 to 6 months. If you are waiting for a green card or asylum decision, the timeline may differ.
Can You Work Without a Work Permit?
In most cases, you cannot legally work in the U.S. without a work permit or employment authorization. Working without authorization can have serious consequences for your immigration case, including denial of benefits or even removal proceedings.
According to INA §212(a)(6)(C), unauthorized work may render an applicant inadmissible, which can significantly impact the outcome of an adjustment of status case.
Renewing or Replacing Your Work Permit
If your current EAD is about to expire or has been lost, stolen, or damaged, you’ll need to file for renewal or replacement. Use the same Form I-765 for this purpose and submit it at least 90 days before your current work permit expires. Renewing early helps you avoid gaps in employment authorization.
Frequently Asked Questions (FAQs)
1. Do I need a work permit if I’m applying for a family-based green card?
Yes, unless you already have a valid work visa or authorization, you’ll need to apply for an EAD to work legally while your green card application is pending. As per INA §1245, this is standard for adjustment of status applicants.
2. What happens if I work without authorization?
Working without a valid work permit can jeopardize your immigration status and result in a denial of your application. It’s crucial to wait until your EAD is approved before starting work.
3. Can I expedite my work permit application?
In certain situations, such as financial hardship or urgent humanitarian reasons, you may request expedited processing for your work permit. However, approval is at USCIS’s discretion and not guaranteed.
4. Can I travel with a work permit?
A work permit does not authorize travel outside the U.S. For travel, you’ll need to apply for advance parole using Form I-131. According to 8 CFR §245.2(a)(4)(ii), advance parole ensures that travel does not disrupt a pending application.
5. Can I apply for a Social Security Number (SSN) with my EAD?
Yes, when filing Form I-765, you can request a Social Security Number (SSN) or a replacement Social Security card. USCIS will coordinate with the Social Security Administration on your behalf.
Tips for a Smooth Work Permit Application Process
- File Early: Submit your application as soon as you are eligible, especially if you’re renewing an existing EAD.
- Double-Check Your Documents: Make sure all required documents are complete and accurate to avoid delays or denials.
- Track Your Application: Use your USCIS receipt number to monitor the status of your application online.
- Seek Legal Advice: If you’re unsure about your eligibility or how to file, consult an immigration attorney for guidance.
Obtaining a work permit while waiting for your immigration case can provide much-needed stability and financial security. Whether you’re applying for a green card, seeking asylum, or holding another eligible status, understanding the process for obtaining an EAD is key to staying compliant with U.S. immigration laws.
If you have questions or need assistance, consult with an experienced immigration attorney from Holden Law Firm. We can guide you through the process and help you achieve your goals.
Remember, you don’t have to go through this journey alone—help is available to ensure you can live and work legally in the United States.