Am I eligible for a work permit and how do I apply?

What is an Employment Authorization Document (EAD or Work Permit)?

An employment authorization document (“EAD” or “work permit”) is a document that proves that you are authorized to work in the U.S.       

Who is eligible for a work permit?

Unfortunately, not everyone living in the U.S. is eligible for a work permit. There are discrete categories of individuals who are eligible for a work permit. Some of the most common categories are:

• having an asylum application pending for 150 days (5 months) or more or being granted asylum
• being granted parole in the public interest, including at the border 
• having Temporary Protected Status (TPS)
• being granted withholding of deportation or removal 
• being granted “deferred action” (U visa applicants and approved Special Immigrant Juvenile Status beneficiaries)
• being under an immigration order of supervision
• having approved applications for U (“U visa”) and T nonimmigrant (“T visa”) status or a VAWA self-petition (form I-360)
• having DACA
• For a full list of eligibility categories, visit: https://www.uscis.gov/employment-authorization *

*If you do not fall under one of the categories listed at the link above, you are not eligible for a work permit.

Why do I need proof that I am authorized to work in the in U.S.?

• U.S. employers are required by law to make sure all employees are authorized to work in the United States. Most employers will not give you a job unless you can show you are authorized to work. If you are a U.S. citizen or a lawful permanent resident, showing proof of that status is enough to show that you are authorized to work in U.S. For undocumented individuals and noncitizens who are not lawful permanent residents, having an EAD is one way to prove that you are authorized to work in the U.S.

How do I apply for a work permit?

• If eligible, you can apply for a work permit on form I-765, which you can download from USCIS’ website at no cost: https://www.uscis.gov/i-765. You will need to send your application with 2 passport-style (2×2) photos of yourself, a form of identification and proof that you fall under one of the eligibility categories.
• You can send your application by mail at the filing address that corresponds to your eligibility category. You may also need to pay a fee depending on the category you are applying under. You can check where to mail your application and if there is a fee at https://www.uscis.gov/i-765.
• For certain categories, including for those with pending asylum applications, you have the option of filing your application online at: https://www.uscis.gov/file-online/forms-available-to-file-online.
• There is NO fee for an initial work permit application based on a pending asylum application.

After filing, how long will it take for my work permit to arrive?

How long it takes for work permit applications to be processed depends on the eligibility category and whether the application is an initial or a renewal application. For initial work permit applications based on pending asylum applications, the turnaround time is around a month. For other categories, it could take several months.

How long will my work permit be valid for and will I be able to renew it when it expires?

• The validity of your work permit will depend on your eligibility category. Work permits for asylum applicants and those with pending adjustment of status applications will be valid for up to 5 years.
• You can renew your work permit as early as 6 months before the card expires. You can renew your work permit under the same category as the previous one if you still meet the conditions for that eligibility category.  For example, if you were granted a work permit because you had an asylum application pending, and 5 years later your asylum application is no longer pending, you will not be able to renew your work permit under that category.
• To renew your work permit, you will need to fill out form I-765 again and follow the instructions here: https://www.uscis.gov/i-765. You can file the same form with the same supporting evidence if you have lost your work permit and need to replace it.

Will I get in trouble for working without a permit?

• While employers are not allowed to employ individuals who are not authorized to work, working without a work permit is not a crime. Working without authorization is also not a bar to getting asylum or any humanitarian form of immigration relief.
• That said, you could get in trouble for using fraudulent documents or using someone else’s documents. When applying for a job, it is important to avoid using fake documents or using someone else’s work permit and/or social security cards.

Can I use my work permit to travel?

• A work permit can be used as identification to travel domestically. However, having a work permit alone does not mean you can travel internationally, and it does not entitle you to be allowed back into the United States if you leave. If you have a work permit, you should assume you are not allowed to leave the country unless a trusted immigration lawyer tells you otherwise.

What is the difference between a work permit and a social security card?

• Work permits are issued by U.S. Citizenship and Immigration Services, an immigration agency that is part of the Department of Homeland Security, and are proof that you are authorized to work in the U.S. Only those who are not U.S. citizens or lawful permanent residents can get work permits to prove that they are authorized to work.
• A social security card is issued by the Social Security Administration (SSA) and it contains a social security number, which is a unique 9-digit number used to track a person’s wages and determine eligibility for social security benefits. Your assigned social security number will be the same all your life. The number can be used to open bank accounts and build credit. If someone has your social security number, they can use it to open bank accounts under your name. For this reason, you should not carry your social security card around with you and should instead memorize your number and use it only when necessary. Only individuals with lawful immigration status OR who have a work permit can get a social security number.
• You need both a current work permit AND a social security number to work. If you have a social security number but an expired work permit, you are not authorized to work (unless you filed for a timely renewal and fall under certain categories where you get an automatic extension of your work authorization). A social security card never expires and you will not need to renew it.

How can I apply for a Social Security Card?

• You can apply for a social security card at the same time that you apply for a work permit by selecting that option on form I-765. Once you have a work permit, you can also apply for a social security card in person at a SSA office near you. To find the location nearest you visit: https://secure.ssa.gov/ICON/main.jsp. You should make sure the office offers card services.

Why does my Social Security Card say “Valid for Work Only with DHS Authorization?”

• If you have a social security card that states it is valid for work only with DHS authorization, it means you need to provide a valid work permit to show you are authorized to work. This is because you do not have permanent lawful status and are only authorized to work temporarily. Once you have lawful permanent status (you become a lawful permanent resident, an asylee, a refugee, etc.), you can request a new card that does not have that restriction.

What is the difference between an ITIN and a Social Security Number?

• If you are not eligible for a Social Security number, you can get an ITIN or Tax ID number from the Internal Revenue Service (a U.S. tax agency), for filing taxes. An ITIN can also be used to open a bank account and apply for a loan. However, an ITIN does not entitle you to work in the U.S. If you have both an ITIN and a social security number, you should use your social security number to work and to file taxes.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.