Work Permit

A work permit is an official document from the United States government that allows immigrants to work in the U.S. It is also known as Employment Authorization Document (EAD). You do not need to be a permanent resident to get a work permit. But you need to have an immigrant or nonimmigrant visa or other temporary immigration status available to you. Green card holders automatically have authorization to work in the U.S. and some employment visa holders (H-1B) are allowed to work for specified employers. Once you receive your green card, you will be able to work in the United States without restriction. If you apply for a green card from inside the U.S. using the Adjustment of Status Process, you can request a work permit while your application is pending. 

Family Based Categories 

• Marriage and Family-based: green card applicants can gain work permits while waiting on their application to be processed

• Fiancè of U.S. Citizen: can apply for a work permit as long as they apply within ninety (90) days of arriving in the U.S.. 

• Foreign-Citizen Spouse of U.S. Citizenship: can apply if they came to the U.S. on a K-3 nonimmigrant spouse visa. 

Categories based on Nationality

• Temporary Protected Status (TPS): citizens from Ukraine, El Salvador, Haiti, Honduras, Nepal, Nicaragua, Sudan are eligible for work under TPS.

• Paroled into the United States:  USCIS, at their discretion, may grant a parolee temporary employment authorization, if it is not inconsistent with the purpose and duration of their parole. Parolees may request employment authorization after being paroled into the United States by filing Form I-765

• Economic Hardship: USCIS sometimes grants work permits to students facing economic hardship. This is only available to students who have already studied in the U.S. for at least a year. 

• Spouses and Children of J-1 exchange visitor programs: spouses and children or students participating in a study-based cultural exchange program are eligible to apply.

• Asylee/Refugee and Spouses and Children:  if you entered the U.S. as a Refugee, you, your spouse and children are authorized to work. If an initial Form I-765 was not already prepared for you before your arrival as a refugee in the United States, or if you are requesting to renew your EAD, you must file Form I-765.

If you are granted Asylum by a Judge or Board of Immigration Appeals then you will need to File Form I-765 to obtain a work permit.

Contact our office at Askew & Associates, P.A. by calling 954-546-2699.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.