If you’re a foreign national looking to work in the United States while waiting for your green card, Form I-765 is your key to obtaining a work permit, officially called an Employment Authorization Document (EAD card). In this guide, we’ll walk you through the entire process of filing Form I-765, including the costs, processing time, eligibility, and required documents.
What is Form I-765?
Form I-765, officially known as the “Application for Employment Authorization,” is a form that foreign nationals use to request permission to work in the U.S. While waiting for your green card approval, you will need to apply for this work permit to be legally employed in the country.
What is a Work Permit (EAD Card)?
A work permit, also called an Employment Authorization Document (EAD card), is a government-issued card that proves to employers that you are legally allowed to work in the U.S. It includes your name, photo, birth date, visa classification, and the time period you are authorized to work. The EAD card is roughly the size of a Social Security card and is essential for proving your eligibility to work.
In 2023, the U.S. Citizenship and Immigration Services (USCIS) redesigned the EAD card, giving it a fresh new look.
Important Tip:
If you’re applying for a family-based green card from outside the U.S. (e.g., CR1 visa), you don’t need to apply for a separate work permit beforehand. Once you enter the U.S. and receive your green card, your work authorization begins automatically.
When Should You Apply for a Work Permit?
If you are in the U.S. and need to work while your green card or asylum application is being processed, or if you’re on a visa that requires an EAD to work (like certain nonimmigrant visas), you need to apply for a work permit using Form I-765. However, if you already have a valid work visa (e.g., H-1B), you don’t need to apply for an EAD.
Work Permit Cost and Fees
The filing fee for Form I-765 is generally $520. However, additional fees may apply if you are required to submit biometrics (fingerprints and photos).
Who Pays the Biometrics Fee?
If your application falls under any of the following categories, you’ll need to pay an additional $85 biometrics fee, bringing the total cost to $750:
- Deferred Action for Childhood Arrivals (DACA)
- Principal Beneficiaries of Approved Employment-Based Immigrant Petitions with Compelling Circumstances
- Spouses or unmarried children of the principal beneficiaries of approved employment-based petitions
Fee Waivers
If you cannot afford to pay the filing fee, you may qualify for a fee waiver by submitting Form I-912 along with your I-765 application. If approved, both the filing and biometrics fees will be waived, making your application free.
How Long Does It Take to Process Form I-765?
The processing time for Form I-765 typically takes about 3 months. However, this can vary depending on your specific case and the workload at USCIS.
Who Can Apply for a Work Permit?
Form I-765 is for individuals who are not U.S. citizens or permanent residents but want to get employment authorization in the U.S. The following categories may apply:
Family-Based Categories:
- Fiancé(e)s of U.S. Citizens (K-1 visa holders)
- Spouses of U.S. Citizens (K-3 visa holders)
- Certain Family Members under Family Unity or LIFE programs
Categories Based on Nationality:
- Temporary Protected Status (TPS): Citizens of countries like El Salvador, Haiti, Honduras, Nepal, and others are eligible to apply for a work permit under TPS.
- Deferred Enforced Departure (DED): Citizens of Liberia may apply for work authorization under this program.
- Citizens of Micronesia, Marshall Islands, and Palau: Can apply for a work permit in the U.S.
- Spouses and Children of E-1 Treaty Traders: Eligible to apply for work authorization.
Foreign Students:
- Optional Practical Training (OPT): F-1 students who have completed their degree program can apply for work authorization to work in the U.S.
- Internships with International Organizations: Students can apply for a work permit for internships with qualifying organizations.
- Economic Hardship: F-1 students facing severe financial hardship can apply for work authorization.
- Spouses and Children of J-1 Students: Can also apply for work authorization.
Asylees and Refugees:
- Refugees and Asylees: If you are granted asylum or refugee status, you automatically have work authorization in the U.S. and do not need to apply for an EAD card.
How to Apply for a Work Permit
You can file Form I-765 along with your Adjustment of Status application (Form I-485) or at any time after receiving your green card application receipt notice from USCIS. If you apply at the same time as your green card application, simply include a completed Form I-765 and two recent passport-style photos.
Even if you’ve already filed your green card application, you can still apply for a work permit by submitting Form I-765 with your receipt notice.
Required Documents
To apply for a work permit, you need to submit the following documents along with Form I-765:
- A copy of your I-94 travel record (if available) or printout of your electronic I-94.
- A copy of your U.S. visa (in your passport).
- A copy of your passport photo page.
- Copies of any previous work permits (if applicable).
- Two 2-inch-by-2-inch passport-style photos.
- A receipt notice from USCIS for your pending green card application (if applicable).
- Proof of identity, such as a birth certificate or a national identity document.
Common Reasons for Work Permit Denials
Your work permit application may be denied for several reasons, including:
- Incorrectly filled out application form (I-765).
- Missing signatures or required documents.
- Incomplete or missing proof of your eligibility to work in the U.S.
In rare cases, your work permit may be denied because you receive your green card before the work permit is processed. If this happens, you no longer need the EAD card, as your green card allows you to work.
The Next Steps After Getting Your Work Permit
Once you receive your work permit, you can start working in the U.S. You will also need to get a Social Security Number (SSN) if you don’t already have one. Your employer will require you to complete an I-9 form to verify your employment eligibility.
It’s important to pay U.S. taxes, as failure to do so can result in penalties and may impact future immigration benefits, including citizenship.
Working Without Authorization: The Risks
Working without a valid work permit can seriously jeopardize your immigration status. Unauthorized work can make it difficult or even impossible to obtain a green card in the future. In some cases, it can result in being banned from entering the U.S. for several years.
What If Your Work Permit Is Lost or Stolen?
If your work permit is lost, stolen, or damaged, you can apply for a replacement using Form I-765. Your work authorization will be extended for up to 180 days while you wait for your replacement card.
Renewing Your EAD Card
If your work permit is about to expire, you can apply for a renewal by filing Form I-765 before it expires. You’ll need to pay the filing fee again, unless you qualify for a fee waiver.
Applying for a work permit can be a complex process, but with the right guidance and support, it doesn’t have to be overwhelming. If you’re unsure about the process or need personalized help, Law and Visas is here to assist you every step of the way. Our experienced immigration attorneys can help you navigate the application process and ensure that your work permit and green card applications go smoothly.
Start your work permit application today and take the next step towards your future in the United States!
