Free Guide: Understanding Work Permit Requirements

What Is a Work Permit and Who Needs One

A work permit, also called an employment authorization document (EAD), is an official government-issued card that shows you have permission to work in the United States. It proves to your employer that you are legally allowed to be employed. Different from a Social Security number or state ID, a work permit specifically authorizes work and is required by federal law for certain people.

Not everyone needs a work permit. U.S. citizens born in the country or naturalized through citizenship do not need one. However, certain groups of people must have a work permit to work lawfully. This includes many people who are in the U.S. on temporary visas, refugees and asylees, certain family-based visa holders, and people with pending immigration cases. According to U.S. Citizenship and Immigration Services (USCIS), approximately 2.8 million work permits were in effect as of 2023, showing how many people rely on this document to maintain legal employment.

Understanding whether you need a work permit depends on your immigration status. Your immigration status is your legal position in the United States. It can be based on how you entered the country, what visa you hold, whether you have a pending case, or your relationship to a U.S. citizen or permanent resident. Each status comes with different rules about whether work is allowed and what permission documents are required.

The consequences of working without proper authorization are serious. Employers can face penalties ranging from $375 to $16,000 per unauthorized employee. Workers without authorization may face deportation and be barred from returning to the U.S. for several years. Additionally, working without authorization can harm your case if you later try to adjust your immigration status.

Practical Takeaway: Before looking for work in the U.S., determine your current immigration status by reviewing your visa documents, I-94 arrival/departure record, or any pending immigration paperwork. Your status determines what work permissions you may have and what documents you may need.

Types of Work Permits and Who Can Get Them

The U.S. government issues different types of work permits for different situations. The most common is the EAD for Temporary Protected Status (TPS), which is given to people from countries with ongoing armed conflict, natural disasters, or other extraordinary conditions. As of 2024, countries including Syria, Haiti, El Salvador, Honduras, Nicaragua, and Myanmar had TPS designations. People with TPS can work and stay in the U.S. during the protected period, which is typically renewed every 6 to 18 months.

Another major category is the work permit for people with pending asylum cases. If you file for asylum—a request for protection based on persecution or fear of future persecution—you may be able to work while your case is being decided. The average time to get an asylum decision is currently between 2 to 5 years, depending on the immigration court's workload. During this waiting period, a work permit lets you support yourself and your family.

Work permits are also available for certain visa holders, including:

• H-1B visa holders and their families, used mainly for specialty occupations
• L-1 visa holders, used for intracompany transfers
• O-1 visa holders, used for people with extraordinary ability in sciences, arts, education, or business
• E-2 treaty investor visa holders and their families
• Spouses and children of visa holders waiting for their own visas to process

Refugees and asylees (people whose asylum request was approved) automatically receive work authorization for one year, renewable annually. Certain family members of U.S. citizens and permanent residents can also receive work permits while waiting for their visas to become available. This includes spouses and unmarried children under 21 of U.S. citizens waiting to adjust status, and immediate relatives of permanent residents in certain situations.

Some people receive temporary work permits for humanitarian purposes. This includes victims of human trafficking, people who are witnesses to serious crimes, and certain disaster victims. These permits recognize that the person cannot safely return to their country.

Practical Takeaway: Identify which category your situation falls into by reviewing your visa documents, any immigration court notices, or pending cases. Each category has different rules for how long work authorization lasts and what steps may be needed to maintain it.

The Work Permit Request Process and Timeline

The process of requesting a work permit varies based on your immigration status. For people with pending asylum cases, the process begins by filing an asylum request using Form I-589 with USCIS. Once filed, you can submit Form I-765 (Application for Employment Authorization) at the same time. USCIS typically takes 5 to 30 days to receive and log in your forms after you mail them. After that, the processing time for a work permit decision is usually 4 to 6 months, though some cases take longer depending on workload and complexity.

For TPS beneficiaries, the process involves registering during an open registration period announced by USCIS. These registration periods typically last 60 days and are announced on the USCIS website. The work permit is issued as part of TPS status approval. Currently, TPS beneficiaries can receive work permits valid for 18 months, starting from the date their application is approved. Re-registration is required when the TPS status is redesignated every 6 to 18 months.

For other visa categories, work authorization is often granted automatically with the visa approval. For example, H-1B visa holders receive work authorization as part of their visa status. Their family members (spouses and children) may need to submit separate paperwork if they want to work. The timeline for these family members depends on the visa category and can range from a few weeks to several months.

The actual documentation required includes:

• A completed Form I-765 with appropriate fees or fee waivers
• Proof of immigration status or pending case
• A valid passport or travel document
• Birth certificate or other identity documents
• A government-issued ID with a photograph, if you have one
• Medical examination results in some situations (Form I-693)

The cost to request a work permit is $410 as of 2024, though you may not have to pay if you meet poverty guidelines. You can request a fee reduction or waiver by submitting Form I-912 with your application. Processing is faster if you submit documents by mail to the correct USCIS office or through the USCIS online filing system where available.

Practical Takeaway: Calculate the timeline by checking the current USCIS processing times for your specific form at uscis.gov, then add time for mail delivery. Plan ahead since work permits often take several months, and you may need to support yourself during the waiting period through other means.

What to Do When Your Work Permit Arrives

When USCIS approves your work permit request, you will receive an Employment Authorization Document (EAD) card by mail. This card is small, similar in size to a driver's license, and contains your photograph, name, date of birth, and the dates your work authorization is valid. The card has a barcode on the back and includes a category code (like (c)(1) for refugees, (a)(12) for certain family members, or (c)(8) for TPS) that tells employers what type of work authorization you have.

The valid dates on your EAD card are critical. Work authorization is only valid during the dates shown on your card. If your card shows expiration dates of January 1, 2025 to January 1, 2027, you can only work between those dates. After the expiration date passes, you cannot legally work unless you have requested a renewal or extension before the expiration date. Many people make the mistake of waiting until their card expires to request a new one, which leaves them unable to work for months during the processing time.

When you start a new job, your employer must verify that your work permit card is real and belongs to you. By law, employers must complete Form I-9 (Employment Eligibility Verification) with all new employees, usually on their first day of work. You should bring your work permit card along with one form