This guide explains how to apply for a work permit in the United States using Form I-765, the Application for Employment Authorization, including the costs, processing time, and eligibility requirements. An approved Form I-765 gives you an Employment Authorization Document (EAD) or work permit, allowing you to legally work in the U.S. for a specific period.
What is Form I-765?
Form I-765, officially known as the “Application for Employment Authorization,” is a form used by foreign nationals to request permission to work in the U.S. If you’re waiting for your green card approval and want to work in the U.S. in the meantime, you’ll need to file Form I-765 to apply for a work permit.
What is a Work Permit (EAD)?
A work permit, or Employment Authorization Document (EAD), is a card that proves you are authorized to work in the U.S. for a specific period. The EAD card is the same size as a Social Security card and contains details such as your name, photo, birthdate, visa status, and the dates you are authorized to work.
It’s important not to start working in the U.S. until you receive your work permit unless you already have immigration status that allows you to work (like an H-1B visa).
Good news: Applying for a work permit is a simple process, especially if you submit it with your green card application.
How Much Does Form I-765 Cost?
Typically, the filing fee for Form I-765 is $520, but the cost can vary. If you need to provide biometrics, the cost could increase.
Who Needs to Pay a Biometrics Fee?
Certain applicants need to pay an additional $85 for biometrics, bringing the total to $750. These categories include:
- DACA recipients
- Family members of individuals with approved employment-based immigrant petitions
Who is Exempt from the Filing Fee?
Some applicants may be eligible for a fee waiver. Check the Form I-765 instructions for a full list of exemptions.
Fee Waivers
If you cannot afford the filing fee, you can submit Form I-912 (Request for Fee Waiver) along with Form I-765. If approved, both the filing and biometrics fees will be waived.
How Long Does It Take to Process Form I-765?
On average, it takes about three months for USCIS to process Form I-765.
Who is Eligible for a Work Permit?
You can apply for a work permit if you are waiting for your green card or are in the U.S. on a visa that allows you to work (but requires an EAD).
Who Can File Form I-765?
Family-Based Green Card Applicants:
Family members of U.S. citizens or permanent residents can apply for a work permit while their green card application is being processed. This includes:
- Fiancé(e)s of U.S. citizens (K-1 visa holders)
- Spouses of U.S. citizens (K-3 visa holders)
Nationality-Based Categories:
Citizens of certain countries may apply for a work permit under programs like Temporary Protected Status (TPS) or Deferred Enforced Departure (DED).
Foreign Students:
If you’re an F-1 student, you can apply for a work permit under specific programs like Optional Practical Training (OPT) or to address economic hardship.
Asylum and Refugee Applicants:
If you are granted asylum or refugee status, you are typically authorized to work immediately.
How to Apply for a Work Permit (EAD)
With Green Card Application:
If you are also applying for a green card, you can submit Form I-765 alongside your Form I-485 (Adjustment of Status application). Include two passport-sized photos and your completed Form I-765.
After Green Card Application:
If you’ve already submitted your green card application, you can file Form I-765 separately by sending it along with a receipt notice from USCIS confirming they’ve received your green card application.
Be sure to file your work permit application with the correct USCIS service center as instructed.
Required Documents for Work Permit Application
- Copy of your I-94 record (arrival/departure record)
- Copy of your U.S. visa
- Copy of your passport photo page
- Passport-sized photos (two)
- Receipt notice from USCIS showing your green card application is pending (if applicable)
Additional documents may be required depending on your situation. For example, if you’re an F-1 student, you’ll need evidence that you have been enrolled in school for at least one year and that your job won’t interfere with your studies.
Reasons Your Work Permit Might Be Denied
A work permit can be denied for reasons such as:
- Incorrect or incomplete Form I-765
- Failure to provide necessary documentation (like the receipt notice for your green card application)
- Approval of your green card before your work permit is processed
After You Get Your Work Permit
Once you receive your EAD card, you can start working. You will also need to apply for a Social Security number (SSN) if you don’t already have one. Employers will require you to fill out an I-9 form to verify your eligibility to work.
Working Without Authorization
Working without a work permit can jeopardize your green card application. Unauthorized work can result in penalties, including being barred from entering the U.S. for several years.
If Your Work Permit is Lost or Stolen
If your EAD card is lost, stolen, or damaged, you can request a replacement by filing Form I-765 and paying the appropriate fees. Your work authorization will be extended for up to 180 days while awaiting the replacement.
Renewing Your EAD
If your work permit is about to expire, you can renew it by filing a new Form I-765. You’ll need to pay the filing fee unless you’ve received a fee waiver.
FAQs About Form I-765
Who needs to complete Form I-765?
Anyone who is not a U.S. citizen or permanent resident and wants to work in the U.S. must complete Form I-765.
What is an EAD?
An EAD (Employment Authorization Document) is a card that proves you are authorized to work in the U.S.
How long does it take to get a work permit?
The processing time for a work permit (EAD) is about three months.
How long is a work permit valid?
Most EAD cards are valid for two years for applicants adjusting status.
What if I already have work authorization?
If you’re already authorized to work (like with an H-1B or OPT), you can still apply for a work permit related to your green card application for additional security.
