To get a U.S. work permit, you file Form I-765 (Application for Employment Authorization) with USCIS. A work permit — formally an Employment Authorization Document (EAD) — lets an eligible noncitizen work lawfully in the United States. You qualify through a specific eligibility category (for example, a pending asylum application, a pending green-card application, TPS, or DACA), not simply by wanting to work. Most applicants file online or by mail, attend biometrics if required, and receive the EAD card once USCIS approves. The details below explain who qualifies, what evidence to include, and the mistakes that most often delay approval.
Work permit applications come in many types. Some work authorization is a side benefit of the primary visa or status — an L-2 spouse, for example, may work as a derivative even though L-2 is not itself a work permit. Others are tied to specific occupations (H-1B, O-1, J-1, E-2), including medical professionals such as nurses, physicians, and therapists. Form I-765 is the main application used to request the work permit card itself. Para nuestros clientes de habla hispana: es posible hablar con un abogado de nuestro bufete para ayudarle a obtener un permiso de trabajo.
Who commonly qualifies for a work permit
- Asylum applicants (category (c)(8)).
- Adjustment-of-status (pending green card) applicants (category (c)(9)).
- TPS beneficiaries (category (c)(19)).
- DACA recipients and certain parolees/humanitarian categories.
- Spouses or dependents with derivative work authorization (L-2, E-1/E-2, H-4 where eligible).
How to apply — step by step
- Confirm the exact I-765 eligibility category code for your case facts.
- Prepare identity and status evidence (passport, I-94, receipt/approval notices).
- Complete and sign Form I-765; include two passport photos meeting USCIS specs.
- Pay the filing fee or include Form I-912 fee-waiver documentation if eligible.
- File at the correct USCIS address or online, and keep the I-797C receipt notice.
- Attend biometrics if required and respond to any RFE promptly.
Evidence checklist
- Passport biographic page; government-issued ID.
- I-94 or other admission evidence.
- USCIS receipts/approval notices (I-485, asylum receipt, TPS approval).
- Two passport-style photos (write name/A-number lightly on the back).
- Relationship documents if applicable (marriage/birth certificates).
- Fee payment or fee-waiver documentation.
Common pitfalls that delay work permits
- Wrong eligibility category code or an unsigned form.
- Poor scans, missing certified translations, or non-compliant photos.
- Filing at the wrong lockbox address.
- Not updating your address with USCIS after a move.
Work permit FAQs
Where do I get a work permit?
Immigration work permits are issued only by USCIS, the federal immigration agency. You request one by filing Form I-765, online at my.uscis.gov or by mail to the USCIS lockbox designated for your eligibility category. No state office issues immigration work authorization.
Can I apply for a work permit online?
Many I-765 categories can be filed online through a USCIS online account; others must still be filed by mail. Whether online filing is available depends on your eligibility category, so confirm on the USCIS I-765 page before filing.
How much does a work permit cost?
The I-765 filing fee depends on your eligibility category and whether you file online or by mail, and some categories are fee-exempt or qualify for a fee waiver (Form I-912). Always check the current fee for your category on the USCIS fee schedule before filing, because fees change.
How long does it take to get a work permit?
Processing times vary by eligibility category and service center — from a few weeks in some categories to many months in others. USCIS publishes current processing times online, and certain categories (such as pending-asylum applicants) have specific timing rules. An attorney can act on unreasonably delayed EADs.
Is this the same as a California work permit for minors?
No. A work permit for a 17-year-old or other minor in California is a school-issued document under state labor law, obtained through the student’s school district — not from USCIS. This page covers immigration work permits (EADs) for noncitizens, which are a separate federal process.
How our office helps
We verify eligibility, prepare and proofread I-765 packages, draft fee-waiver requests, assemble exhibit-ready PDFs, respond to RFEs, and intervene on delayed EADs. Brian D. Lerner has practiced immigration law for more than 30 years and is a California State Bar certified specialist in Immigration and Nationality Law. Schedule a consultation to confirm the right category and filing strategy for your situation.