Navigating the immigration process can be challenging, especially when understanding the intricacies of work permits and their application procedures. Many hopeful applicants mistakenly believe they can independently petition for a work permit. The reality is that obtaining a work permit requires an existing or pending immigration benefit or form of relief. The information below briefly explains how and when to apply for a work permit, and what you need to know to navigate this process effectively. North Suburban Legal Aid Clinic provides accessible, free immigration legal aid to community members living in north suburban Cook County and Lake County. 

What is a Work Permit? 

A work permit, also known as an Employment Authorization Document (EAD), allows immigrants to work legally in the United States. It is a crucial document for those seeking to provide for their families and build a stable life in the U.S.  

What Are the Requirements for Applying for a Work Permit?

Before you can apply for a work permit, you must first apply for an immigration benefit or relief. This could include: 

1. Asylum: If you have applied for asylum due to persecution or fear of persecution in your home country, you can apply for a work permit 150 days (about 5 months) after filing your asylum application. 
2. Adjustment of Status: Individuals applying to adjust their status to become a permanent resident can apply for a work permit concurrently with their adjustment application. 
3. Temporary Protected Status (TPS): If you are granted TPS due to conditions in your home country that temporarily prevent you from returning safely, you can apply for a work permit. 
4. Deferred Action for Childhood Arrivals (DACA): Individuals eligible for DACA can apply for a work permit as part of their deferred action request (new applicants are not being accepted at this time) 
5. U Nonimmigrant Status (U Visa): Victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity can apply for a U visa and subsequently for a work permit. 
6. T Nonimmigrant Status (T Visa): Victims of human trafficking who have complied with reasonable requests for assistance in the investigation or prosecution of trafficking and who would suffer extreme hardship if removed from the United States can apply for a T visa and a work permit. 
7. Violence Against Women Act (VAWA): Immigrants who are victims of domestic violence, battery, or extreme cruelty committed by a U.S. citizen spouse or relative can apply for relief under VAWA and a work permit. 
8. Special Immigrant Juvenile Status (SIJS): Children who have been abused, abandoned, or neglected by a parent and are declared dependent on a juvenile court can apply for SIJS and a work permit. 

What are the Steps to Apply for a Work Permit? 

Once you have applied for an immigration benefit or relief, you can proceed with the work authorization application. Here are the general steps involved: 

1. Determine Eligibility: Ensure that your current immigration status or pending application makes you eligible for a work permit. 
2. Complete Form I-765: This is the official form used to apply for an Employment Authorization Document. Applicants can also apply for an EAD online by creating an account on the USCIS website. 
3. Gather Supporting Documents: You will need to submit evidence of your current immigration status or pending application, proof of identity, and any other documents required by USCIS. Learn more HERE. 
4. Pay the Filing Fee: There is a fee associated with filing Form I-765, though some individuals may be eligible for a fee waiver. 
5. Submit Your Application: Mail your completed form, supporting documents, and payment to the address specified by USCIS. 
6. Biometrics Appointment: In some cases, you may be required to attend a biometrics appointment to provide fingerprints, photos, and a signature. 
7. Await a Decision: USCIS will review your application and make a decision. If approved, you will receive your EAD by mail. 

How Long Does it Take to Get a Work Permit?  

Processing times vary, but it typically takes several months. You can check current processing times on the USCIS website. 

Can I Work While My Work Authorization Application is Pending?  

No, you cannot legally work in the U.S. until you receive your EAD. Working without an EAD can negatively affect your immigration case and is against federal law. 

Can NSLAC help me review my Immigration case and determine if I might qualify for immigration relief and work authorization?  

Yes, North Suburban Legal Aid Clinic provides free immigration legal aid to individuals looking to file for immigration relief and work authorization. Our immigration attorneys and representatives will carefully review your immigration case and determine if you qualify to file for work authorization. If you or someone you know needs free immigration assistance, please be in touch with NSLAC at 847-737-4042 or email info@nslegalaid.org to review eligibility for our services and to schedule a consultation. NSLAC also offers free legal aid in the areas of domestic violence and housing. 

The information in this blog is for informational purposes only and should not be construed as legal advice. No attorney-client relationship is formed between NSLAC and the reader. NSLAC is not liable for any action taken or not taken based on this blog. Readers should contact an attorney with any questions regarding the content.