The United States is a land of opportunity, attracting people from all corners of the globe who seek better lives for themselves and their families. For immigrants looking to work legally in the U.S., obtaining an Employment Authorization Document (EAD), commonly known as a work permit, is a crucial step. This document allows you to legally work in the U.S. while your immigration status is being processed or under specific visa categories. In this article, we’ll explore the top 5 ways immigrants can apply for a work permit in the USA.
1. Through Asylum or Refugee Status
One of the most direct paths to obtaining an EAD is through asylum or refugee status. If you have been granted asylum or refugee status in the U.S., you are eligible to apply for a work permit. Typically, refugees can apply for an EAD immediately upon arrival, while asylum seekers can apply 150 days after filing their asylum application, provided no decision has been made on the application within that time frame.
Steps to Apply:
- File Form I-765, Application for Employment Authorization, along with supporting documents like proof of your asylum or refugee status.
- Include the necessary fee or request a fee waiver if applicable.
- Wait for the processing, which usually takes about 3 to 6 months.
2. Based on a Pending Adjustment of Status (Green Card) Application
If you have applied for a Green Card (permanent residence) and are waiting for your application to be processed, you can apply for a work permit. This is common among individuals who are adjusting their status within the U.S., such as those married to U.S. citizens or those with certain family-based or employment-based petitions.
Steps to Apply:
- Submit Form I-765 along with your Form I-485 (Application to Register Permanent Residence or Adjust Status) or separately if you’ve already submitted the I-485.
- Provide documents like a copy of your I-485 receipt notice.
- Pay the required fee unless it was included with your I-485 application.
- Processing times can vary, but it generally takes a few months.
3. Under a Specific Nonimmigrant Visa Category
Certain nonimmigrant visa categories allow individuals to apply for an EAD. These include visas like the U visa (for crime victims), T visa (for trafficking victims), and others that grant temporary lawful status. Spouses of E-2, L-1, and certain H-1B visa holders may also be eligible for an EAD.
Steps to Apply:
- Determine eligibility based on your visa category.
- File Form I-765 with evidence of your nonimmigrant status.
- Pay the required fee unless you qualify for a fee waiver.
- Processing times vary depending on the visa category and USCIS workload.
4. Through Deferred Action for Childhood Arrivals (DACA)
Deferred Action for Childhood Arrivals (DACA) is a program that provides eligible undocumented individuals who arrived in the U.S. as children with temporary protection from deportation and the ability to work legally in the country. DACA recipients can apply for an EAD that is typically valid for two years and can be renewed.
Steps to Apply:
- Complete Form I-765 and Form I-821D, Consideration of Deferred Action for Childhood Arrivals.
- Include proof of identity, arrival in the U.S. before your 16th birthday, and continuous residence since June 15, 2007.
- Pay the application fee or request a fee waiver.
- Processing times can vary but usually take several months.
5. Through Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is granted to individuals from specific countries facing conditions that prevent them from returning safely, such as armed conflict or natural disasters. TPS recipients can apply for an EAD, allowing them to work legally in the U.S. for the duration of their TPS status.
Steps to Apply:
- File Form I-765 along with your initial TPS application or after you’ve been granted TPS.
- Submit documentation proving your nationality and continuous residence in the U.S.
- Pay the required fee unless you qualify for a fee waiver.
- Processing times can vary but generally take several months.
Others ways include:
6. Based on Parole
Parole allows certain individuals who do not have a legal basis for entering or staying in the U.S. to be temporarily granted permission to do so. Parolees may be eligible to apply for an EAD while they are in the U.S. under this status. This includes individuals granted humanitarian parole, public interest parole, or other forms of discretionary parole.
Steps to Apply:
- File Form I-765 along with evidence of your parole status.
- Submit any documentation that proves your eligibility, such as a copy of the parole grant notice.
- Pay the application fee unless a fee waiver is applicable.
- Processing times can vary, depending on the type of parole and the specific circumstances.
7. Through a Pending U or T Visa Application
Individuals who are victims of certain crimes and have filed for U or T visas may also be eligible to apply for a work permit while their visa applications are pending. The U visa is for victims of certain crimes who have suffered substantial mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of criminal activity. The T visa is specifically for victims of human trafficking.
Steps to Apply:
- File Form I-765 based on a pending U or T visa application.
- Provide evidence of your U or T visa application filing, such as a receipt notice.
- Submit any required fees or request a fee waiver if eligible.
- Processing times can vary, but applicants often receive their EAD within a few months.
8. Based on a Pending Cancellation of Removal or Suspension of Deportation
If you are in removal (deportation) proceedings and have applied for Cancellation of Removal or Suspension of Deportation, you may be eligible to apply for an EAD while your case is pending. Cancellation of Removal is a form of relief that allows certain individuals who have been in the U.S. for a significant period and meet other criteria to avoid deportation and adjust to lawful permanent resident status.
Steps to Apply:
- Submit Form I-765 along with evidence that you have a pending application for Cancellation of Removal or Suspension of Deportation.
- Include any necessary fees or a fee waiver request.
- Processing times can vary, but receiving an EAD during this period allows you to work legally while your case is being adjudicated.
