A work permit is an official document that shows the U.S. government has authorized a person to work legally in the United States. Different from a green card or visa, a work permit specifically gives permission to be employed, though it doesn't always grant the right to live in the country. Work permits are issued by the U.S. Citizenship and Immigration Services (USCIS) and are formal legal documents that employers can verify through the I-9 employment verification process.
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Several categories of people may need to obtain a work permit. Certain individuals with pending immigration cases may receive temporary work authorization while their cases are being reviewed. Some visa holders have restrictions on working and must obtain additional documentation to work legally. Foreign students in the United States on F-1 visas may work through Optional Practical Training (OPT) programs or Curricular Practical Training (CPT) programs, both of which have specific rules about hours and types of work. Refugees and asylees have different timelines for work authorization. People who have filed certain types of immigration petitions may be able to work while waiting for a decision on their case.
The specific reasons someone might need a work permit vary widely. A person awaiting an asylum decision might receive temporary work authorization to support themselves while their case proceeds. An immediate relative of a U.S. citizen might get permission to work while their green card case is being processed. Certain humanitarian visa categories automatically include work authorization. Understanding which category applies to a specific situation is important because each has different rules, validity periods, and renewal requirements.
Practical Takeaway: Review the USCIS website to learn about different visa and immigration categories to understand which situations typically allow for work authorization. Knowing your specific immigration status category is the first step in learning whether work permission might be available to you.
Work permits come in different forms, and each type has distinct characteristics and rules. The most common work permit is the Employment Authorization Document, commonly called an EAD or work permit card. This is a physical card issued by USCIS that shows a person is authorized to work. An EAD typically has an expiration date and includes a category code that indicates why the person has work authorization. Different category codes have different restrictions—some allow unrestricted work with any employer, while others limit work to a specific employer or job type.
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Another form of work authorization is the Social Security Number (SSN) with a work permit notation. In some cases, people receive an SSN that indicates work authorization without getting a separate EAD card. Some visa holders, such as H-1B workers, have work authorization through their visa status itself rather than a separate permit. F-1 and M-1 students have work authorization through their school records and the Student and Exchange Visitor Program (SEVP) system, though they may also receive an EAD for certain types of employment. Refugees and asylees receive work authorization automatically under federal law without needing to request it—they are authorized to work as soon as they arrive in the United States or their status is granted.
The validity periods for work authorization vary considerably. Some permits last only one year, while others can be valid for up to three years. Certain categories allow for renewal before expiration, while others require a new application. The rules about changing jobs also differ between categories. Some work permits allow a person to work for any U.S. employer in any location, while others restrict employment to a specific employer or job location. Some permits are category-specific and only allow work in certain fields or industries.
Practical Takeaway: If you have work authorization, check your document carefully to understand the validity period and any restrictions on where or how you can work. Your document should clearly state the expiration date and include a category code that describes what type of work you are authorized to perform.
The process for obtaining work authorization depends on a person's specific immigration situation. There is no single path that applies to everyone. The first step is understanding your current immigration status and how it relates to work authorization. Someone with a pending asylum case follows a completely different process than someone who is a spouse of a U.S. citizen or someone who is an employment-based immigrant. The USCIS website provides detailed information about different immigration categories and which ones include work authorization.
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For people who need to request work authorization, the typical process involves submitting Form I-765, Application for Employment Authorization, to USCIS. This form must include supporting documents that prove the basis for requesting work authorization. Different immigration categories require different supporting documents. For example, someone requesting work authorization based on an asylum case will submit different documents than someone requesting it based on a marriage to a U.S. citizen. The form and all supporting documents are submitted either by mail or through the online filing system, depending on the category and current USCIS procedures.
After submission, USCIS processes the application and either approves or denies the request. Processing times vary based on the category and current case volume. During processing, a person may be able to receive a work permit extension or be granted temporary work authorization while waiting for a decision. If the application is approved, USCIS either issues an EAD card or provides work authorization through other means, depending on the category. If denied, USCIS provides a written explanation of why the request was not approved. Throughout this process, it is important to keep copies of all submitted documents and receipts showing that the application was filed.
Practical Takeaway: Gather information about your specific immigration category before taking any action. Write down your current immigration status and the date it was granted or when your case began. Keep all immigration-related documents organized, including receipts, approval notices, and any correspondence with USCIS.
A reliable educational guide about work permits should explain the different types of work authorization available under U.S. immigration law. It should describe what work permits are, who might be able to get them, and how they differ from other immigration documents like visas, green cards, or citizenship documents. The guide should help readers understand their own situation by explaining different immigration categories and what each one means. It should describe what information and documents typically are needed to request work authorization, though specific requirements depend on individual circumstances.
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A helpful guide should explain how the work permit application process works in general terms, including what forms are typically used and where they are filed. It should describe what happens after an application is submitted and how long processing typically takes. The guide should explain how to verify a work permit is valid, how to read the information on an EAD card, and what the different category codes mean. It should include information about work authorization for specific groups, such as refugees, asylees, students, family-based immigrants, and employment-based immigrants. Each category has unique rules and timelines that should be clearly explained.
A quality guide should provide information about what to do when work authorization expires, including whether renewal is an option or whether a new application must be filed. It should explain rights and responsibilities related to work authorization, such as the requirement to carry the work permit while working and the restrictions on certain types of work. The guide should direct readers to official government resources where they can find the most current information, since immigration regulations change periodically. It should also explain when it makes sense to seek help from immigration attorneys or accredited representatives who are authorized to provide immigration services.
Practical Takeaway: When reviewing any work permit information guide, look for explanations of different immigration categories, how work authorization fits into each one, and where to find official government resources. A good guide helps you understand your situation and points you toward official sources for specific answers about your case.
Work permits are not all the same, and understanding what your specific permit allows is important for staying in compliance with U.S. law. Every work permit has an expiration date clearly printed on it or noted in official documents. It is the responsibility of the person with the work permit to know when it expires and to take action before expiration if they need to continue working. Some permits can be renewed before expiration, while others cannot be renewed and a person must file a new application if they want continued work authorization. The category code on the permit determines what type of renewal options are available.
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Work permits often come with restrictions on the type of work or the location of work. Some permits say "UNRESTRICTED" on them, meaning the person can work for any employer in any job. Other permits are restricted to a specific employer, location, or field of work. Some category codes are restricted
This guide is for general information only and is not medical, financial, legal, or other professional advice. For decisions specific to your situation, consult a qualified professional. See our Editorial Policy.