A "work permit" is the commonly used name for an Employment Authorization Document, or EAD, issued by U.S. Citizenship and Immigration Services (USCIS) to certain people who are in the United States and legally permitted to work here. It is a plastic-laminated identity card with the alien's name, photo, and an expiration date.
How long the work permit lasts depends on your current immigration status, or what type of visa you are here on. Most EADs are valid for one year. Obviously, however, no person will be given a work permit that lasts longer than their permitted stay in the United States.
So, for example, someone who arrives in the U.S. with a fiancé visa (K-1) and applies for a work permit will receive one that lasts only until the 90-day termination of that person’s K-1 visa. Although it might sound like this would create problems for fiancés who plan to apply for green cards after marriage and stay in the United States, it actually doesn’t. That’s because the fiance can simply apply to adjust status as soon as they’ve gotten married, and then apply for an EAD that lasts even longer, at that time.
Some applicants may renew their work permits if their stay has been extended or lasts longer than the original work permit did.
Note that not everyone who has a right to work in the United States needs to apply for a work permit. For example, most people admitted to the U.S. on temporary work visas for specific employers, such as H-1B visas, need not (and should not) apply for an EAD. They can go straight to Social Security and get a card.
Who Can Apply for a Work Permit
Not every immigrant in the United States can apply for a work permit. You have to have a separate visa or immigration status that allows you to work. For example, the following immigrants can apply for work permits:
- Applicants for adjustment status with a pending I-485
- Refugees and people granted asylum
- People granted deferred enforced departure (DED) or temporary protected status (TPS)
- VAWA self petitioners
- F-1 students (with various limitations)
- J-2 spouses or minor children
- M-1 students seeking practical training after completing their studies.
- K-1 nonimmigrant fiance(e) of a U.S. citizen or K-4 children.
- Holders of L-2, T-1, T-2, T-3, T-4, or U-1, U-2, U-3, U-4, U-5, V-1, V-2, or V-3 visas.
The above is not a complete list.
How to Apply for a Work Permit
The application for a work permit is made on USCIS Form I-765. Be sure to read the instructions to the form, which explain more about who is eligible and what documents you need to provide.
Keeping Track of the Expiration Date
It’s important to play close attention to the expiration date on your work permit. Without a valid, unexpired work permit, you might lose your job, or be arrested in an immigration raid. Your employer could also get into trouble with the immigration authorities if it failed to keep track of the expiration date and ask to see your latest EAD.
If you are eligible to get a new EAD, it’s best to apply for your renewal between three and six months before your original EAD will expire.
If you have questions about applying for or renewing a work permit, or any other aspect of your immigration status, it is a good idea to speak with a qualified immigration attorney.