Working legally in the United States requires proper authorization, commonly known as a work permit or Employment Authorization Document (EAD). Obtaining a work permit allows foreign nationals to work legally for a specific period. This guide provides a detailed overview of how to get a work permit in the USA, eligibility criteria, application process, costs, and important tips.
What is a Work Permit in the USA?
A work permit in the USA, officially called an Employment Authorization Document (EAD), is issued by the United States Citizenship and Immigration Services (USCIS). It allows non-U.S. citizens to work legally while residing in the country. The work permit includes the holder’s name, photo, and the period during which employment is authorized.
Key Features:
- Valid for 1–2 years (renewable in some cases)
- Can be used by foreign students, asylum seekers, temporary visa holders, and other eligible immigrants
- Allows employment with any U.S.-based employer unless restricted
Who is Eligible for a Work Permit?
Eligibility depends on your immigration status. Some of the main categories include:
- Asylum Seekers and Refugees – Individuals seeking asylum or those granted refugee status can apply.
- Foreign Students (F-1 Visa Holders) – Students can apply under Optional Practical Training (OPT) or Curricular Practical Training (CPT).
- Temporary Protected Status (TPS) Holders – Nationals of countries with TPS designation can work legally.
- Family-Based Immigration Applicants – Certain relatives of U.S. citizens or green card holders are eligible.
- Other Visa Holders – Some visas like H-4 (dependent of H-1B) and L-2 (dependent of L-1) allow work permits under specific conditions.
Eligibility Points:
- Must have valid immigration status
- Must submit Form I-765 to USCIS
- Must not have criminal convictions that restrict employment
Step-by-Step Process to Get a Work Permit
Applying for a work permit involves multiple steps. Below is a detailed guide:
1. Determine Eligibility
Check if your immigration status allows you to apply. USCIS provides a list of categories eligible for EAD.
2. Complete Form I-765
Form I-765, Application for Employment Authorization, must be filled accurately. Provide personal information, immigration status, and eligibility category.
3. Gather Required Documents
Supporting documents may include:
- Copy of your passport
- Current visa or I-94 form
- Two passport-sized photographs
- Previous EADs (if applicable)
- Proof of eligibility (like asylum approval notice, OPT approval for students)
4. Pay Application Fee
The standard fee for Form I-765 is $410 (as of 2025), with additional biometric fees in some cases. Fee waivers may be available for eligible applicants.
5. Submit Application
Applications can be submitted online or via mail. USCIS provides a tracking system to monitor your application status.
6. Attend Biometrics Appointment
Some applicants may need to attend a biometrics appointment for fingerprinting and identity verification.
7. Receive EAD
Once approved, USCIS will issue the Employment Authorization Document. The EAD card will indicate the validity period and any restrictions.
Processing Time and Renewal
- Processing Time: Typically 3–6 months depending on the applicant’s category and USCIS workload.
- Renewal: EAD can be renewed by filing Form I-765 before the current work permit expires. Early renewal is recommended to avoid employment gaps.
Costs and Fees Overview
| Step | Cost (USD) | Notes |
|---|---|---|
| Form I-765 Application | 410 | Standard filing fee |
| Biometrics Fee | 85 | Required in some categories |
| Passport Photos | 10–20 | Two standard-sized photos |
| Mailing/Shipping | 5–15 | Depending on service |
| Legal Assistance (Optional) | 100–500 | Optional attorney fees |
Tips for a Successful Application
- Double-check all forms and documents before submission.
- Submit applications well in advance of your intended employment start date.
- Keep copies of all documents and receipts.
- Track your application online using USCIS case number.
- Consult an immigration attorney if your case involves complex eligibility issues.
Common Mistakes to Avoid
- Missing signatures on Form I-765
- Using outdated forms
- Submitting incomplete supporting documents
- Waiting until the last minute to renew
Overview Table
| Category | Eligibility Criteria | Duration | Renewal Possible | Notes |
|---|---|---|---|---|
| Asylum Seekers | Pending asylum application | 1–2 years | Yes | Can work immediately once approved |
| Refugees | Granted refugee status | 1–2 years | Yes | Must maintain refugee status |
| F-1 Students (OPT/CPT) | Completing academic program | 12–36 months | Yes | Employment related to field of study |
| H-4 Visa Dependents | Spouse of H-1B visa holder | 1–3 years | Yes | Must meet eligibility criteria |
| TPS Holders | Nationals from TPS countries | 1–2 years | Yes | Must maintain TPS status |
| Family-Based Applicants | Spouse or dependent of U.S. citizen/green card holder | 1–2 years | Yes | Must provide proof of relationship |
FAQs
1. How long does it take to get a work permit in the USA?
It typically takes 3–6 months from the date of application.
2. Can I work while my work permit application is pending?
No, you must wait for USCIS approval before legally working.
3. Can I renew my work permit before it expires?
Yes, it is recommended to apply at least 180 days before expiration