If you are trying to get legal permission to work in the United States, you will usually hear two terms: work permit and EAD. A work permit is the common name for the Employment Authorization Document, the plastic card issued by U.S. Citizenship and Immigration Services (USCIS) that proves you are authorized to work for a limited period of time.
Most applicants request a work permit by filing Form I-765, Application for Employment Authorization, with USCIS. You can see the current form and filing options on the USCIS page for Form I-765, Application for Employment Authorization. A work permit immigration lawyer helps you understand whether you qualify, which category you should use, and how to avoid mistakes that cause delays or denials.
What is a Work Permit (EAD)?
USCIS uses the term Employment Authorization Document (EAD) for a card that shows you are allowed to work in the United States for a specific time and under specific conditions. The card is usually valid for one or more years, depending on your category, and may be renewed as long as you continue to qualify.
The EAD is not an immigration status by itself. It is proof that, because of some other application or status, you are allowed to work. For example, you might receive a work permit because:
- Your asylum application is pending
- Your marriage-based or other green card application is pending
- You have Temporary Protected Status (TPS)
- You qualify for certain employment-based or humanitarian categories
Who can file and what evidence you must submit is explained in the official I-765 instructions, which you can download from the USCIS page for the Instructions for Form I-765.
When You May Need a Work Permit Immigration Lawyer
Some people can prepare Form I-765 on their own, especially if their immigration history is simple and based on a common category like adjustment of status through marriage. In other situations, professional help can make a real difference. You are more likely to need a work permit lawyer if:
- You have prior denials, status violations, or long gaps in status
- You are in removal proceedings in immigration court
- You have a criminal record or past immigration fraud issues
- You are applying under a less common or confusing category code
- USCIS has already issued a Request for Evidence (RFE) or Notice of Intent to Deny
A lawyer also helps when your case is time-sensitive. If losing your work permit would mean losing your job or health insurance, you want to reduce the chances of preventable delays or filing errors.
Common Work Permit Categories and Who Qualifies
Asylum Applicants
If you have filed Form I-589 for asylum and your case is still pending, you may qualify for a work permit while you wait. Under current rules, many asylum applicants can file for an EAD 150 days after a complete asylum application is received and may become eligible to receive the card once the application has been pending at least 180 days, not counting certain applicant-caused delays. USCIS explains this process in more detail on its page about asylum in the United States, including the asylum EAD clock and filing requirements, which you can review on the USCIS asylum overview.
If asylum is eventually granted, you are work-authorized incident to status. This means that your immigration status itself automatically includes permission to work, even if you never apply for a separate work card. You may still choose to keep an EAD as a convenient piece of evidence for employers, but your underlying asylum status is what provides the work authorization.
Marriage-Based and Other Adjustment Applicants
Many people who apply for a green card through marriage or another family or employment category file Form I-765 together with Form I-485, Application to Register Permanent Residence or Adjust Status. While the green card is pending, USCIS can issue a work permit based on the adjustment category if you qualify.
In these cases, a lawyer focuses on consistency. Your I-765 must match your I-485, I-130, and any earlier filings. Errors in dates, addresses, prior status, or entry information can trigger questions or delays, especially if you have past overstays or unlawful presence.
Temporary Protected Status and Other Humanitarian Programs
If you have Temporary Protected Status, you may request an EAD based on TPS so you can work while the country designation remains in effect and you keep meeting TPS requirements. USCIS provides an overview of eligibility, filing, and travel issues on its Temporary Protected Status page.
For employers, the TPS-related category codes on the EAD (such as A12 and C19) and sample documents are explained in the I-9 guidance for TPS and Deferred Enforced Departure, which you can find on the USCIS page about Temporary Protected Status and Deferred Enforced Departure.
Other humanitarian categories may also support a work permit, such as certain parole programs, VAWA self-petitioners, and some U visa applicants. The category code on the EAD depends on which benefit you are using.
Employment-Based and High-Skilled Cases
Some high-skilled workers can qualify for an EAD in compelling circumstances if they are stuck in long visa backlogs and meet detailed criteria, such as having an approved I-140 and being in a qualifying nonimmigrant status. USCIS describes the eligibility rules on its page about employment authorization in compelling circumstances.
Employment-based applicants may also receive EADs based on a pending adjustment of status application or as dependents in certain nonimmigrant categories. A lawyer often coordinates the timing of the work permit with H-1B, L-1, or other temporary statuses so that the overall plan makes sense.
How a Work Permit Immigration Lawyer Helps With Form I-765
A work permit immigration lawyer does more than simply fill in your name and address. In a typical case, the lawyer will:
- Review your entire immigration history, including entries and exits, prior filings, prior denials, and periods of unlawful presence
- Identify every possible basis for employment authorization and choose the strongest category (or categories)
- Confirm that your underlying application (asylum, adjustment, TPS, or another petition) supports the work permit request
- Prepare a complete packet with the correct fee, photos, supporting documents, and certified translations where needed
- Track your case after filing, respond to RFEs, and when appropriate file service requests or escalate problem cases.
This screening process is especially important if you have prior immigration violations or criminal issues, because filing the wrong form in the wrong way can sometimes expose problems that should be handled in a careful, step-by-step strategy.
Timelines, Renewals, and Automatic Extensions
There is no single processing time for all work permits. Timelines depend on your category, the USCIS service center, and any policy changes that are in effect. The best way to see current estimates is to use the online USCIS case processing times tool, where you choose Form I-765, your category, and the office handling your case.
Many people also have questions about renewing EADs and automatic extensions. USCIS has allowed certain applicants who file a timely renewal to keep working for a limited time while the renewal is pending, even if the old card expires. The length of that automatic extension and the categories covered have changed more than once, so you should always check the most recent USCIS guidance. There is a chart with categories and automatic-extension periods on the page about automatic EAD extensions.
Because rules and processing times change, a work permit lawyer can help you plan renewal timing, evaluate whether you may be covered by an automatic extension, and reduce the chances of unexpected gaps in work authorization.
Costs and How to Choose a Work Permit Lawyer
Lawyers usually charge either a flat fee or an hourly rate for work permit help, depending on whether the EAD is part of a larger case such as a green card or asylum application. Government filing fees depend on your category and whether you qualify for any fee exemptions or reductions.
When choosing a work permit lawyer, it is sensible to:
- Confirm that the lawyer regularly handles the type of case connected to your EAD (for example, asylum, marriage-based green cards, TPS, or employment-based cases)
- Verify their license in a state bar directory and check for any public discipline
- Ask how often they update clients on case status and how quickly they respond to questions
- Request a written agreement that explains the scope of work and total fees.
If money is scarce, you can also look at nonprofit legal organizations, law-school clinics, or pro bono projects that assist with work permits in humanitarian cases.
Conclusion
A U.S. work permit is often what makes daily life possible while an immigration case is pending or a temporary status is in place. At the same time, the rules on eligibility, timelines, automatic extensions, and fees are technical and change frequently.
A work permit immigration lawyer does not simply “submit a form.” The lawyer helps you choose the correct category, align your work permit with your broader immigration strategy, and reduce preventable delays or gaps that could cost you your job or create extra stress for your family. If your situation is complex, time-sensitive, or tied to a high-stakes case like asylum, deportation defense, or TPS, speaking with a qualified lawyer before you file can be a practical way to protect your ability to work and plan ahead.
Disclaimer: This page provides general information, not legal advice. Immigration rules and procedures change. Always rely on current instructions from USCIS and the U.S. Department of State (linked above) and consult a qualified attorney about your specific situation.
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