Learn About Work Permit Options in the USA

Overview of U.S. Work Permits and Work Authorization

A work permit is an official document that shows the U.S. government has authorized a person to work legally in the United States. The formal name for this document is an Employment Authorization Document, or EAD. Without proper work authorization, it is illegal for employers to hire someone, and illegal for that person to work in the United States, regardless of their immigration status.

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According to the U.S. Department of Homeland Security, approximately 1.3 million individuals held work permits in 2023. Work permits are not the same as a visa, green card, or citizenship. Each serves a different purpose in the immigration system. A visa allows someone to enter the country, a green card grants permanent resident status, and citizenship is the highest immigration status. A work permit specifically authorizes employment and is often paired with another immigration status or visa type.

The U.S. Citizenship and Immigration Services (USCIS) manages the work permit system. Different work permit categories exist depending on a person's immigration situation. Some work permits are temporary, lasting one or two years, while others may be valid for longer periods. Some people receive work permits as part of their main immigration benefit, while others must request a work permit separately through a different process.

Understanding which work permit category might be relevant to your situation requires learning about the different programs and their specific rules. Work permits come with restrictions—they typically limit where a person can work, what job they can hold, or for how long they can work. Reading through descriptions of each type helps people understand which option might match their circumstances.

Practical Takeaway: Work permits are legal documents issued by USCIS that authorize employment. They are not the same as visas or green cards. Each type of work permit has different rules about duration, job restrictions, and who can receive one.

Employment Authorization Document (EAD) and Form I-765

The Employment Authorization Document is an official USCIS card that proves a person has permission to work in the United States. The front of the card displays a photo, name, date of birth, card number, and an expiration date. Employers use this card to verify work authorization. The process of requesting an EAD involves submitting Form I-765, Application for Employment Authorization, to USCIS.

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Form I-765 requires specific information including personal details, immigration status category, and explanation of why the person needs work authorization. Different categories on the form correspond to different immigration situations. For example, someone with pending asylum claims uses a different category than someone with a student visa seeking optional practical training. Completing the form requires understanding which category matches the person's situation.

The processing time for an EAD varies significantly. According to USCIS data from 2024, processing times range from 6 to 12 months depending on the category, location of the USCIS office, and current workload. Some categories, such as those for refugees and asylees, typically process faster—around 3 to 6 months. Other categories may take longer. Applicants can check the status of their Form I-765 through the USCIS website using their receipt number.

When submitting Form I-765, applicants must also submit supporting documents that prove their immigration status and why they need work authorization. These documents vary by category but may include copies of visa stamps, birth certificates, marriage certificates, or other evidence of status. The form requires a filing fee in most cases, though some categories are exempt from fees. Submitting incomplete applications delays processing and may result in a Request for Evidence (RFE), which extends the timeline.

Practical Takeaway: Form I-765 is how people request an Employment Authorization Document. The form requires accurate category selection, complete information, and supporting documents. Processing typically takes 6 to 12 months, depending on category and current USCIS workload.

Asylum-Based Work Permits

Individuals who file for asylum in the United States may become authorized to work while their asylum case is being considered. Asylum is protection granted to people who have fled their home country due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The process of seeking asylum and obtaining a work permit follows specific rules outlined by USCIS and immigration law.

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A person may file an asylum application (Form I-589) and then request a work permit (Form I-765) at the same time or later in their case. According to USCIS, applicants may become authorized to work 150 days after filing a complete asylum application if no decision has been made on their case. This means that even before their asylum hearing, they can legally work. This timeline applies to affirmative asylum cases filed at USCIS offices. Defensive asylum cases—those filed before an immigration judge—follow different rules.

To request a work permit based on asylum, applicants use Form I-765 and select the appropriate category (typically category (c)(1)(ii)). Supporting documents must include the receipt number from the asylum application (Form I-589), proof of identity, and copies of biographical information. The filing fee for an EAD in asylum cases is currently waived, meaning no payment is required.

Work permits issued to asylum applicants are typically valid for one year and may be renewed if the asylum case is still pending. The work permit allows employment with any employer in any job, as long as it is legal work. There are no job restrictions, employer restrictions, or geographic limitations. If an asylum application is denied, the work permit becomes invalid and cannot be used for future employment, so timing of employment matters greatly.

Practical Takeaway: Asylum applicants may become authorized to work 150 days after filing a complete asylum application. Work permits for asylum applicants have no job or employer restrictions and the filing fee is waived. Permits are valid for one year and may be renewed while the asylum case is pending.

Student Work Authorization: F-1 OPT and CPT

International students in the United States with F-1 visas may gain work authorization through two main programs: Curricular Practical Training (CPT) and Optional Practical Training (OPT). These programs allow students to gain work experience related to their field of study while remaining in valid student status. Approximately 1.05 million international students were enrolled in U.S. educational institutions in 2023, according to the Institute of International Education, with many utilizing these work options.

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Curricular Practical Training (CPT) is on-the-job training that is part of a student's curriculum. A student's school includes CPT as a required or optional part of their degree program. The school must approve the CPT position and verify that it is directly related to the student's major field of study. CPT is authorized by the student's designated school official (DSO) and does not require a separate form submission to USCIS. Students may work part-time during the school year or full-time during school breaks with CPT authorization. There is no restriction on how many times a student may use CPT, but there is a limitation: if a student uses CPT for 12 months or more, they are no longer authorized for Optional Practical Training.

Optional Practical Training (OPT) is available to F-1 students after they have completed their studies or between academic levels. OPT must be in a field directly related to the student's degree. To obtain OPT, students submit Form I-765 through their school's international student office. The current processing time is approximately 4 to 6 weeks. Students may work part-time before graduation or full-time after graduation. OPT initially authorizes 12 months of work. Students in STEM (Science, Technology, Engineering, and Mathematics) fields may extend OPT for an additional 24 months, creating a total of 36 months of work authorization. OPT work does not count toward the F-1 student's academic requirements.

Both CPT and OPT have specific rules about employment. The job must be related to the student's field of study, though the definition of "related" is interpreted broadly by schools. For example, a business student might work in various types of business roles, while a computer science student might work in technology or information systems roles. Students remain in valid F-1 status while on CPT or OPT and may travel abroad with proper documentation, though re-entry to the United States requires maintaining valid status. If a student's job ends before their OPT period expires, they may switch to a different job within the same field