Being in the U.S. without permission to work can be frustrating and stressful—especially when you’re waiting on an immigration decision that’s taking months, or even years. Whether you’re applying for asylum, adjusting status, or under temporary protection, getting a work permit can make a huge difference in your daily life.
At Tourzani & Long, LLC, we work with clients across all types of immigration categories to help them understand their eligibility for employment authorization and ensure they stay work-authorized through timely renewals. Here’s what you need to know about obtaining and keeping your work permit up to date.
What Is Employment Authorization?
A work permit, officially called an Employment Authorization Document (EAD), is issued by USCIS and allows certain non-citizens to legally work in the United States. It looks like a plastic ID card and is usually valid for 1–2 years, depending on your immigration category.
This document does more than just authorize work—it can be used as an ID, and for some, it’s the only government-issued document they carry while waiting for permanent status.
Who Qualifies for a Work Permit?
There are many categories of immigrants and visa holders who qualify for employment authorization. Some of the most common include:
- Asylum applicants (after 150 days)
- DACA recipients
- TPS beneficiaries
- Adjustment of status applicants (with a pending I-485)
- Certain spouses of visa holders (like H-4, L-2, or E-2 spouses)
- Parolees, including those with humanitarian parole
- U visa and VAWA applicants
Each category has its own eligibility rules and timelines. We often help people figure out whether they qualify based on their current immigration status or pending applications.
How to Apply for a Work Permit
To request a work permit, you’ll need to file Form I-765, Application for Employment Authorization, along with the appropriate supporting documents. These usually include:
- Proof of your eligibility category (like a receipt notice for your I-485 or I-589)
- A copy of your passport or previous EAD
- Two passport-style photos
- Filing fee (unless you’re exempt or requesting a fee waiver)
Some applications can be filed online, depending on your category, while others still require paper submission. If you’re applying for a green card, you may be able to file Form I-765 concurrently with your I-485.
Once USCIS receives your application, they’ll send a receipt notice, and in most cases, a biometrics appointment is scheduled before the EAD is approved.
Processing Times and Delays
Processing times for work permits vary widely and can range from 2 to 6 months, sometimes longer. In recent years, delays have been common, especially for renewals. USCIS has made temporary policy changes in some cases—like automatic extensions for certain categories—to help people avoid gaps in work authorization.
We always advise clients to apply for renewals at least 180 days before their current card expires. The earlier, the better, especially if you rely on your work permit for employment or state-issued ID renewals.
Renewing Your Work Permit
If your situation hasn’t changed and you’re still eligible under the same category, you can file a renewal using Form I-765 again. Include your previous EAD, updated photos, and current documentation proving continued eligibility. Don’t wait for your card to expire—plan ahead.
Some renewal categories are eligible for automatic extensions if your new application is filed before the current card expires. This means you can keep working legally while your renewal is pending—but not every category qualifies, so it’s important to double-check.
We’ve helped clients whose employers were ready to terminate them due to an expired card—only to find out they had automatic extension coverage they didn’t know about. Knowing the policy can save your job.
If Your Application Is Denied
A denied work permit doesn’t necessarily mean your entire immigration case is over, but it’s a serious issue. The first step is understanding the reason for denial. It could be as simple as missing paperwork or as complex as a change in your immigration category or eligibility.
If you’ve received a denial and aren’t sure what to do next, we can review your case and help figure out a path forward. In many cases, refiling or correcting the issue is possible.
We’re Here to Help You Stay Work-Authorized
At Tourzani & Long, LLC, we understand how critical it is to be able to work legally while you pursue immigration relief or wait for a decision. We assist clients in obtaining their first EAD, handling renewals, and resolving problems when things go off track. Whether you’re new to the process or trying to stay ahead of an upcoming expiration, we’ll help you get it done right.
We serve individuals across all immigration categories and welcome inquiries from all backgrounds. Visit tourzanilaw.com to schedule a consultation or learn more about how we can assist with your work permit needs.