Entering with a valid visa doesn’t automatically grant the right to work in the United States. Based on your visa type, you must apply for an Employment Authorization Document (EAD) for legal work in the U.S. This process begins by submitting Form I-765 to the United States Citizenship and Immigration Services (“USCIS”). Those with a non-immigrant visa who are in the process of adjusting their status to permanent resident (but have not yet received their green card) also need to apply for an EAD to work in the United States. Remember to renew the EAD card before it expires; it’s not a permanent document.

What rights does a valid Work Permit (I-765) – Employment Authorization Document grant?

An Employment Authorization Document (EAD card) is granted to the applicant if their submission of Form I-765 is successful. The applicant gets a laminated EAD card with a photo, biometric data (such as fingerprints), and an expiration date. The main advantage of the EAD card is work flexibility. Valid EAD allows job changes without employer petitions, no need for sponsorship during the validity period. Your EAD card is your work permit and is legal proof that you have the right to work in the United States. Presenting your EAD assures employers of legal work authorization, mitigating the risk of violating immigration laws by hiring you.

Who is eligible to apply for a Work Permit (I-765) – Employment Authorization Document?

Here is a list of common visa categories whose holders need to apply for an EAD to work legally in the United States:

• Dependent spouse (H-4 visa) of an H-1B visa holder with an approved I-140 (Immigrant Petition for Alien Worker).
• Foreign students under the F-1 visa category who need work experience as part of their study program or, in rare cases, can demonstrate severe economic hardship.
• Foreign students under the M-1 visa designation who need practical training upon completing their studies.
• Adjustment of Status applicants who have filed Form I-485 and are waiting for USCIS to process their applications.
• Those granted refugee or asylum status can apply for an EAD along with their spouses and children.
• In some cases, asylum applicants can also apply for an EAD.
• Fiancé(e)s of U.S. citizens under the K-1 visa category.
• Unmarried children under 21 years old (K-2 category) of K-1 visa holders.
• Foreign spouse (K-3 visa holders) of a U.S. citizen.
• Unmarried children under 21 years old (K-4 category) of K-3 visa holders.
• Spouse of any E-category investor visa holder.
• Dependent spouse (L-2 visa) of an L-1 visa holder.

This is just a general overview of some of the most common visa categories that can apply for a Work Permit (I-765) – Employment Authorization Document. It is updated until June 2021, the list changes as new laws are approved and rules implemented. For an updated list of all eligible visa categories to apply for a work permit, visit the I-765, Application for Employment Authorization page on the USCIS website.

How do I apply for a Work Permit (I-765) – Employment Authorization Document? How long does the process take?

Compared to most USCIS applications, Form I-765 is quite straightforward. You will need to complete the form and mail it to USCIS along with all required supporting documents. Locate the submission site and check the fee on the USCIS Form I-765 page. For a checklist of all required supporting documents, visit the USCIS page here. Foreign students under F-1 or M-1 visa categories should consult with their school’s international student office for assistance in applying for work authorization in the United States.

Processing times for Form I-765 can vary significantly among different local USCIS offices. For updated processing times, visit USCIS Processing Time Check page, select Form I-765, choose your local office, and click ‘Get Processing Time.

Is it illegal to work in the United States without a Work Permit (I-765) – Employment Authorization Document?

Working in the United States without authorization is illegal, even for holders of a valid visa. Violations are taken very seriously by the United States Citizenship and Immigration Services (USCIS), and the penalties can be severe. In this regard, a non-immigrant visa holder adjusting status to a permanent resident may face a green card denial if caught working without authorization.

Anyone caught working without authorization may also be barred from entering the United States for a period of three or ten years, depending on how long they worked without permission. Tourist or student visa holders caught working without authorization are routinely denied visa renewals or adjustment of status applications by USCIS for violating the terms of their visa. Even short-term or informal jobs necessitate a work permit. Even a few hours of unauthorized work will result in serious immigration problems in the future; it’s better not to take the risk.

To ensure your safety, consult with an immigration attorney to confirm that you are eligible to work or apply for a Work Permit (I-765) – Employment Authorization Document before seeking employment.