How Can I Apply for a Work Permit?
A work permit, also known as an employment authorization document (EAD), allows a person to work legally within the United States. A valid passport will gain you entry into the U.S. To get an EAD, you must be: an asylee or seeking asylum; a student seeking specific types of employment; a person applying for temporary protected status; a person applying to adjust to permanent resident status; the fiance of an American citizen; or a dependent of a foreign government official. The process involves a good deal of paperwork, but you can obtain a permit within three months.
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Things You'll Need
- USCIS Form I-765
- Application fee
- Your I-94 departure record
- 2 identical passport photos
Instructions
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Visit the U.S. Citizenship and Immigration Services (USCIS) website and download an I-765 at http://www.uscis.gov/files/form/I-765. You also may pick up an application at your nearest USCIS center (see Resources) or call 800-870-3676 to request one be sent to you by mail. Fill out the application completely (see Resources for sample application). You must provide personal identification information such as name, date of birth and address, as well as information about the company for which you will be working.
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Submit your completed application and all required attachments to the USCIS either electronically or in person at the nearest USCIS service center. Applications are handled in the order received, so file in the manner you prefer. Filing electronically will not expedite your application. Include your I-94 arrival-departure record--the white form you fill out when entering the U.S. as a visitor--plus two copies of a color passport photograph of yourself taken within the past 30 days and documentation of eligibility. This could include a birth certificate, asylum application or any other documentation that proves you meet the EAD criteria.
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Include payment for the application fee. The fee was $340 as of May 2010. Make checks and money orders payable to the USCIS. The USCIS should contact you within 90 days. If approved, you will receive your work permit by mail. If not, you will receive a letter of rejection explaining why your application was denied. If you have not received notice from the USCIS in 90 days, you can apply in person at a USCIS center for an interim permit. You will need proof of identification and copies of all correspondence with the USCIS regarding your application.
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Follow the same process to apply for renewal of your EAD. You may apply before or after it expires, but you cannot apply more than 120 days before it expires. If you wait until after your permit expires, you cannot work again until you have a renewed permit in hand. You will fill out the same forms and provide the same documentation you did during the initial EAD process, but you also must provide a copy of the front and back of any and all previous EADs. There is no limit on the number of times you can reapply.
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Tips & Warnings
In some cases, the application fee may be waived. Fees are waived if you are a refugee; asylee; paroled as a refugee, an N-8 or N-9 immigrant (child or parent of a "special immigrant"); citizen of Micronesia, Marshall Islands or Palau; granted withholding of deportation or removal; deferred enforced departure; a dependent of certain foreign government or international organization personnel; or applicant for asylum. Study the instructions portion of the I-765 form carefully to find out if you are eligible for a fee waiver.
Your work permit is good for one year. If you do not renew it before it expires, you will no longer be legally eligible to work in the U.S. You must have work permit in hand to be legally able to work. Mere notification of approval is not enough.
