This article explains how to file Form I-765 (Application for Employment Authorization), and the process to get an Employment Authorization Document (EAD card), commonly known as a work permit. Learn about the fees, processing times, and eligibility requirements to get your work permit in the U.S.
What Is Form I-765?
Form I-765 is an application that foreign nationals use to request authorization to work in the United States. If you’re waiting for your green card or if you need employment authorization while your immigration process is underway, you’ll need to file Form I-765 to get a work permit.
What is a Work Permit (EAD Card)?
A work permit, or Employment Authorization Document (EAD card), proves that you’re allowed to work in the United States. This card is roughly the size of a Social Security card and includes your photo, name, birth date, visa classification, and the dates you are authorized to work. It’s essential to wait for your work permit before starting any paid employment unless you have another visa that permits you to work.
Cost of Form I-765
The standard filing fee for Form I-765 is $520, but this amount can increase if you’re required to submit biometrics (fingerprints). If you need to submit biometrics, your total cost could be $750, including the $85 biometrics fee.
Who Needs to Pay the Biometrics Fee?
The following categories of applicants are required to pay an additional $85 for biometrics:
- DACA (Deferred Action for Childhood Arrivals) applicants
- Principal beneficiaries of approved employment-based petitions with special circumstances
- Spouses or children of principal beneficiaries in approved employment-based petitions
Fee Waivers
If you cannot afford the filing fee, you may apply for a fee waiver by submitting Form I-912 (Request for Fee Waiver) along with your Form I-765. If approved, both the filing and biometrics fees will be waived, and your application will cost $0.
Processing Time for Form I-765
Typically, it takes about three months for USCIS to process your Form I-765 and issue your work permit. However, this timeline can vary.
Work Permit Eligibility
You can apply for a work permit (EAD) if:
- You’re in the process of adjusting your status to a green card holder (e.g., you’ve filed Form I-485).
- You’re on a visa that allows you to work, but you first need to apply for an EAD card (like some nonimmigrant visas).
- You’re in the U.S. under humanitarian status (asylum, refugee status, etc.).
Family-based green card applicants, including spouses and children of U.S. citizens or permanent residents, are eligible for a work permit while their applications are pending.
Who Can File Form I-765?
Family-Based Categories
- Fiancé(e)s of U.S. citizens (K-1 visa holders) can apply for work authorization within 90 days of entering the U.S.
- Spouses of U.S. citizens with a K-3 visa can also apply for a work permit.
- Certain family members eligible for Family Unity Programs can apply for work permits.
Categories Based on Nationality
- Citizens from countries with Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) can apply for a work permit.
- Citizens of Micronesia, the Marshall Islands, and Palau can also apply for work authorization.
- Some foreign students in the U.S. can apply for work permits under specific conditions, such as through the Optional Practical Training (OPT) program or for economic hardship.
Asylum/Refugee Applicants
- If you’re granted asylum or refugee status, you can work without needing to apply for a work permit. Your work authorization will be issued automatically or soon after your approval.
How to Apply for a Work Permit (EAD)
To apply for a work permit, submit Form I-765 either with your green card application (Form I-485) or after receiving a notice from USCIS confirming that your green card application is pending.
The required documents include:
- A copy of your I-94 travel record (or electronic I-94 from CBP).
- A copy of your U.S. visa and passport photo page.
- Two passport-sized photos.
- A receipt notice from USCIS confirming that your green card application is pending (if applicable).
- Any previous work permits, if you have one.
Common Reasons Your Work Permit Could Be Denied
Your work permit application might be denied if:
- You filled out Form I-765 incorrectly or missed any required documents.
- Your green card application was approved before your work permit application was processed (a rare but possible situation).
What Happens After You Get Your Work Permit?
Once you receive your work permit, you’ll need to get a Social Security Number (SSN) if you haven’t already. Your employer will require you to fill out an I-9 form to verify your eligibility to work.
You’ll also be subject to payroll and income taxes, just like any other worker in the U.S.
Consequences of Working Without Authorization
If you work in the U.S. without a valid work permit, it can jeopardize your green card application. Unauthorized employment can lead to serious immigration penalties, including being banned from the U.S. for several years.
If Your Work Permit Is Lost or Stolen
If your work permit is lost, stolen, or damaged, you can apply for a replacement by submitting Form I-765 again. You may need to pay the filing fee unless you’re eligible for a fee waiver.
Renewing Your Work Permit
If your work permit expires or is about to expire, you can renew it by filing a new Form I-765. Make sure to apply for the renewal before it expires to avoid any gaps in your work authorization.
FAQs
Who needs to complete Form I-765?
If you are a foreign national and want to work in the U.S., you need to complete Form I-765.
How long does it take to get an EAD card?
It usually takes about three months for USCIS to process and issue the EAD card.
Can I use my work permit as an ID?
Yes, an EAD card can sometimes be used as a form of identification.
How much does it cost to file Form I-765?
The filing fee is typically $52 but can be higher if you need to submit biometrics.
Where do I send Form I-765?
Form I-765 should be sent to the address specified in the USCIS instructions based on your location.
Can I work while waiting for my EAD?
If you have another work-authorized visa, like an H-1B, you can continue working. However, it’s a good idea to apply for a work permit as backup.
By following this guide, you can successfully apply for a work permit while your green card application is pending, helping you start your career in the U.S. sooner.
