How to Get a Work Permit in the U.S.

A U.S. work permit — formally an Employment Authorization Document (EAD) — lets non-citizens work for any employer in the country. Not everyone needs one (green card holders and many visa holders can already work), and not everyone qualifies. Whether you can get one depends on your underlying immigration status.

1. Common categories that qualify for an EAD

Pending green card applicants (adjustment of status), asylum seekers (after the 150-day waiting period), DACA recipients, certain visa dependents (like H-4 spouses of H-1B workers in some cases), and people with TPS or withholding of removal. Tourist (B-1/B-2) status does not qualify.

2. You apply with Form I-765

The work permit application is USCIS Form I-765. You'll list your eligibility category (a code like (c)(8) for asylum applicants), pay the filing fee (some categories are fee-exempt), and submit proof of your underlying status — passport pages, prior approval notices, I-94, etc.

3. Processing times vary widely

EAD processing has ranged from a few weeks to over a year depending on category and USCIS backlog. Asylum-based EADs (c)(8) and pending adjustment EADs (c)(9) tend to be slower. Check current USCIS processing times before counting on a specific date.

4. Some EADs come with automatic extensions

If you file a timely renewal in certain categories, you may get an automatic extension of up to 540 days while USCIS processes the renewal. Your employer can rely on the receipt notice plus the expired card during that window.

5. Working without authorization has serious consequences

Unauthorized work can disqualify you from adjustment of status, trigger removal proceedings, and create permanent admissibility problems. If your status is in flux, get advice before accepting a job — including unpaid internships and gig work.

Start a Free Chat Find a Immigration Attorney

Need a immigration attorney? Browse partner attorneys for Immigration

NotALawyer.com provides general legal information, not legal advice.