Who Qualifies for a Work Permit?

You must fall into an eligible category to apply. Common categories include:

Pending Adjustment of Status (Green Card) Applicants

  • Those who filed Form I-485 may qualify for an EAD while waiting for approval.

Asylum Applicants

  • Individuals with a pending asylum application for 150+ days
  • Approved asylees

DACA Recipients

  • (If the program is active and you qualify under current rules.)

TPS (Temporary Protected Status) Holders

Certain Visa Categories

Such as:

  • E-2 spouses
  • L-2 spouses
  • J-2 dependents
  • F-1 students (OPT, CPT)

Others

Including U visa applicants, VAWA applicants, individuals granted withholding or CAT protection, and individuals staying in the U.S. on an order of supervision.

Each category has different rules and timelines, which I explain carefully to clients during consultation.

Go to https://www.uscis.gov/forms/forms for forms and instructions.

Go to the following page to calculate the fee you must pay: https://www.uscis.gov/feecalculator

Costs & Filing Fees

USCIS filing fees vary by category. In general:

Go to the following page to calculate the fee you must pay: https://www.uscis.gov/feecalculator

Fees change frequently; I always confirm updated fees before filing.

Supporting Documents Needed

Most applications require:

  • Passport or ID
  • I-94 or proof of lawful entry
  • Prior EAD (if renewing)
  • Receipt notice for the underlying immigration application
  • Photos (passport-style)
  • Proof of eligibility (depending on category)
  • Any legal documents related to immigration history

Submitting the wrong documents can lead to unnecessary delays or denials.

Important: Work Authorization Is NOT Immigration Status

This is a common misunderstanding.

A work permit does NOT mean:

  • You have legal immigration status
  • You are on a path to a green card
  • You are protected from removal
  • You can travel internationally
  • USCIS approved your underlying case

Your lawful presence in the U.S. comes from your actual status (asylum, TPS, DACA, pending adjustment, etc.), not from the work permit itself.

The EAD only gives permission to work, nothing more.

Dangers of Working Without Authorization

Working without a valid EAD or without proper authorization can lead to serious immigration problems, including:

Ineligibility for Certain Immigration Benefits

Unauthorized employment may affect:

  • Adjustment of status
  • Certain visas
  • Future immigration applications

Impact on Good Moral Character

For citizenship applicants, unauthorized employment may raise questions about compliance with the law.

Exposure to Removal Proceedings

In some cases, immigration authorities may use unauthorized employment as part of a broader enforcement action.

Accusations of Fraud or Misrepresentation

If someone uses false documents or Social Security numbers, the consequences can be severe, even decades later.

My job is to help clients avoid these dangers and correct past issues when possible.

Common Pitfalls & Mistakes

Many people run into avoidable problems, such as:

  • Filing in the wrong eligibility category
  • Forgetting to renew on time
  • Leaving gaps in employment authorization
  • Using incorrect or outdated forms
  • Submitting insufficient evidence
  • Relying on unqualified immigration consultants

Even a small mistake can delay your work authorization for months.

The Work Authorization Process

  1. Eligibility Review

    We discuss your immigration category, history, and risks.

  2. Document Preparation

    I gather and prepare all required evidence to ensure your application is strong and complete.

  3. Filing the Application

    We submit Form I-765 with supporting documentation.

  4. Biometrics Appointment (If Required)

    USCIS may schedule fingerprints.

  5. Approval & EAD Issuance

    Once approved, you receive your work permit card in the mail.

  6. Renewals

    I track your expiration dates and help file renewals early to avoid any gaps.

How I Can Help

As an attorney with decades of immigration experience, I provide:

  • Careful evaluation to determine eligibility
  • Assistance correcting past immigration mistakes
  • Strong, complete applications to avoid delays
  • Guidance on maintaining lawful presence
  • Clear explanations of your rights and limitations
  • Representation if USCIS issues a Request for Evidence or denial
  • Advice if you are at risk of removal
  • Long-term planning for permanent status

I have helped thousands of clients successfully obtain work permits and avoid the dangers of unauthorized employment.

Let’s Secure Your Work Authorization the Right Way

A work permit can open the door to stability, opportunity, and peace of mind, but only if it is done correctly. You don’t need to navigate this alone.

If you want to apply for work authorization, renew your permit, or understand your options, I am here to guide you safely through the process.

Resources

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