Free Guide to U.S. Work Permit Requirements and Process

Understanding U.S. Work Permits and Who Needs One

A work permit—formally called an Employment Authorization Document (EAD)—is a government-issued card that proves you're legally allowed to work in the United States. Whether you need one depends entirely on your immigration status and how you entered the country.

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U.S. citizens and permanent residents (green card holders) do not need separate work permits. Their status already grants them the right to work. However, if you're in the country on a temporary visa, seeking asylum, or in removal proceedings, you may need to obtain a work permit through U.S. Citizenship and Immigration Services (USCIS) before you can legally accept a job.

As of 2024, approximately 3.2 million work permits are active in the United States, according to USCIS data. These cards serve as both identification and authorization. When an employer runs a background check through the E-Verify system—a federal database that matches employment information against government records—they're checking whether your work permit is valid and current.

The work permit itself is a physical card, roughly credit-card sized, with your photograph, signature, and an expiration date. Some people call it a "work authorization card" or simply refer to their EAD number. The card is valid for a specific period determined by your case category, ranging from one year to indefinite validity for certain permanent statuses.

Not every person in the U.S. on a visa needs a work permit. For example, people on an H-1B visa (specialty occupation workers) already have work authorization built into their visa status—they don't need a separate EAD. The same is true for L-1 visa holders (intracompany transferees) and certain other visa categories. Your current visa status determines whether you need to petition for a work permit.

Takeaway: Before you take any action, understand your current immigration status. Your visa type or entry status determines whether a work permit is necessary. Check your visa documents or immigration paperwork to see if your status already includes work authorization.

Who Can Petition for a Work Permit: Main Categories Explained

USCIS recognizes dozens of categories under which someone can request a work permit, but they fall into several main groupings. Understanding which category matches your situation is the first concrete step in the process.

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The largest category is asylum seekers. If you've filed for asylum and your case is pending, you can petition for work authorization while waiting for the government to make a decision on your asylum claim. This allows people to support themselves during what can be a multi-year process. As of early 2024, the average asylum case took 4-7 years to resolve, according to EOIR (Executive Office for Immigration Review) statistics.

Temporary Protected Status (TPS) holders form another major group. The U.S. government grants TPS to nationals of certain countries experiencing armed conflict, natural disaster, or epidemic. As of 2024, countries with active TPS designations include Ukraine (designated in 2022 following Russian invasion), Venezuela, Syria, and several others. People holding TPS status are entitled to work permits and can renew them as long as the status remains in effect.

Deferred Action for Childhood Arrivals (DACA) recipients can obtain work permits. DACA is a temporary status granted to people who arrived in the U.S. before age 16 and meet other criteria. Over 600,000 individuals currently hold DACA status. Work permits for DACA are issued for two-year terms and must be renewed before expiration.

People in removal proceedings or cancellation of removal proceedings may request work authorization under the category called "Deferred Action." This is different from DACA and requires demonstrating that work authorization is in the public interest.

Certain visa holders whose status has expired or been denied can petition for work permits under different categories. Additionally, people whose spouses have filed family-based immigration petitions for them can sometimes request work authorization while their case is being processed.

Family members of victims of human trafficking or certain crimes (T visa and U visa categories) often receive work permits as part of their status. These categories provide protection and work authorization together.

Takeaway: Identify which category describes your situation. The category you fall into determines what form you'll need to submit and what documents you'll need to gather. Miscategorizing yourself early can delay your petition.

Step-by-Step: The Work Permit Application Process

The formal process begins when you submit the right paperwork to USCIS. The primary form for most work permit requests is Form I-765 (Application for Employment Authorization). This form is where you explain your situation, provide personal information, and indicate which category you're petitioning under.

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Form I-765 requires detailed information: your full legal name, date of birth, country of birth, current address, Social Security number (if you have one), A-number (your USCIS case number, if you've had prior immigration proceedings), and the category code for which you're petitioning. Each category has a code—for example, category (a)(12) is for certain family-based cases, while (c)(1)(iv) covers DACA recipients.

Alongside Form I-765, you must submit supporting documentation. The exact documents vary by category, but typically include: a copy of your valid passport or travel document, proof of your current immigration status (visa stamp, notice of action, or similar), proof of identity and age (birth certificate or passport), and any documents specific to your category. If you're an asylum seeker, you'd include a copy of your asylum application and receipt notice. If you're a DACA holder, you'd include your DACA approval notice.

You can submit your petition through two methods: by mail or through USCIS's online portal (if you create an account). The address for mailing varies by your location; USCIS publishes a list of service centers and their mailing addresses on its official website.

After USCIS receives your petition, they send you a receipt notice (Form I-797) confirming they have your case. This receipt number allows you to track your case online through the USCIS website using their case status tool. From receipt date, USCIS typically processes work permit cases within 30 days, though this can vary. During peak periods, processing may extend to 90+ days.

While your case is pending, you may be able to work under what's called "deferred action" status in some categories, but this depends on your situation. Not all categories allow interim work authorization, so you cannot assume you can work while waiting.

Once approved, USCIS mails you your work permit card and a new notice of action. The card arrives separately from the notice. Your work permit is valid only for the dates specified—typically one or two years, depending on your category.

Takeaway: Gather all required documents before starting. The petition is straightforward, but incomplete submissions cause delays. Create a checklist of documents for your specific category and verify each item before mailing or uploading.

Document Requirements That Often Trip People Up

A significant portion of work permit petitions face delays because applicants don't understand what documents they actually need. The I-765 form itself lists general categories, but the devil is in the details of proving your category-specific situation.

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For asylum-based work permits, you must include evidence that you actually filed an asylum application. This evidence is your receipt notice from USCIS (Form I-797), which confirms your asylum case is pending. Many applicants mistakenly believe they can skip this because they think USCIS already has their file. They do—but you still need to submit a copy proving you filed.

For DACA renewals and new applications, you need your original birth certificate or a certified copy. A photograph on your driver's license is not enough. The birth certificate must be an official document, not a hospital birth record. If your birth country no longer exists or you cannot obtain original documentation, you need an affidavit explaining your efforts and why the document is unavailable. Some applicants submit inadequate documentation and their petition is denied on this ground alone.

Work permit requests tied to family-based cases require proof that a petition has been filed on your behalf. If your spouse filed Form I-130 (Petition for Alien Relative), you need a copy of that