How to Apply for a Work Permit in the U.S.

By: Jarbath Pena Law Group

If you’re living in the United States and want to work legally, you’ll most likely need to apply for a work permit. The official name for a work permit is an Employment Authorization Document (EAD), and it allows non-citizens to legally work in the U.S. for a specific period of time. Understanding how the application process works can help you avoid unnecessary delays or denials.

In this guide, the lawyers of the Jarbath Peña Law Group will explain who qualifies, how to apply, and what to expect from the process.

What Is a U.S. Work Permit (EAD)?

A work permit, or EAD, is a photo identification card issued by U.S. Citizenship and Immigration Services (USCIS). It authorizes certain non-citizens to work lawfully in the U.S. for a limited time. This permit is different from a visa or green card. While some visas include work privileges, others do not. That’s why many immigrants must apply separately for an EAD.

Who Needs to Apply for a Work Permit?

Not everyone in the U.S. needs an EAD. U.S. citizens and lawful permanent residents (i.e., green card holders) do not need a work permit. However, several categories of non-citizens do need one.

Common eligible applicants include:

• Individuals with pending green card applications,

• Asylum seekers or those granted asylum,

• Refugees,

• DACA recipients,

• Those with Temporary Protected Status (TPS),

• Spouses of certain visa holders (such as L-2 or E-2 visas).

Always confirm your eligibility before applying, as immigration status requirements can change. 

What Paperwork Do You Use to Apply?

To apply for a work permit, you must file an Application for Employment Authorization. You can submit your application to USCIS either online or by mail, depending on your eligibility category and supporting documents.

Before you file, be sure to identify your eligibility category. You’ll need to enter the correct category code on your application. For example, asylum applicants use code (c)(8), while DACA recipients use (c)(33). The lawyers at our firm can help you check your immigration status, determine if you qualify for a work permit, and assess your eligibility category before applying.

What Documents Do You Need to Apply?

When you submit your application, you must also include supporting documents that show you qualify for a work permit. These documents typically include:

• A copy of your current immigration document—such as an I-94 or visa;

• Two recent passport-style photos;

• A copy of a government-issued ID, like a passport or birth certificate;

• Proof of your eligibility category (e.g., receipt notice for a pending green card);

• If renewing, a copy of your previous EAD card; and

• The appropriate filing fee or a fee waiver request.

Our firm will help you check the most current USCIS instructions for your category to confirm what you need.

How Much Does It Cost to Apply?

As of 2025, the standard filing fee for your application is $520 for most categories. However, fees can vary. Some applicants, such as asylum seekers or VAWA self-petitioners, are not required to pay the fee.

You may also be eligible to request a fee waiver if you can demonstrate financial hardship. If you pursue this option, you will need to include documentation of financial hardship, and we can assist you in deciding what evidence to supply.

Where Do You File the Application?

Depending on your category, you can file your application:

• Online: USCIS allows certain applicants to file their application electronically through the online account system.

• By Mail: If you’re mailing your application, send it to the correct USCIS lockbox or service center for your eligibility category. The address depends on your category and where you live.

Check the latest USCIS filing instructions to make sure you’re sending your application to the right location.

How Long Does It Take to Get a Work Permit?

Processing times for work permits vary based on your eligibility category, service center, and USCIS workload. On average, it takes between three and seven months to receive an EAD. USCIS updates estimated processing times on its Case Processing Times page.

If your work permit is based on a pending green card application, USCIS may process it faster if you filed it concurrently.

Can You Work While Waiting for the Permit?

Unfortunately, most people are not legally allowed to work until they receive their physical EAD card. Working without authorization can lead to serious immigration consequences. However, there are exceptions. For example, certain visa holders like H-4 spouses of H-1B visa holders may qualify to work while their application is pending under specific conditions.

Can You Renew or Replace a Work Permit?

Yes, you can renew or replace your EAD by filing a new application. If you’re renewing, it’s best to apply 180 days before your current EAD expires. In some cases, USCIS grants automatic extensions if your renewal is timely and falls under an eligible category.

To replace a lost, stolen, or damaged card, use the same application form and include a copy of the original EAD if available.

Tips for a Successful Application

Here are a few practical steps to improve your chances of success:

• Double-check your eligibility category. Entering the wrong category can result in denial or delays. So allow our professionals to assess your category so you don’t delay the process any longer than necessary.

• Submit complete and legible documents. Avoid blurry photos or incomplete forms.

• Use the latest form version: USCIS periodically updates its application formats. Your lawyer will know which form to use and can properly prepare it for submission with the information you provide.

• Consider certified mail or tracking. If mailing your application, use a trackable method.

• Save copies of everything. Keep a complete copy of your application package for your records.

These steps are important, but using our professional legal services is one of the best ways to ensure that your application is filled out properly and accurately. Mistakes can result in costly delays—so call us today. 

Need Help Applying for a Work Permit? We’re Here for You.

Applying for a work permit can feel overwhelming—especially if English isn’t your first language or you have no legal experience. Navigating the complex and often intimidating U.S. immigration system is not simple or easy. That’s where we come in. At the Jarbath Peña Law Group, we know how important your ability to work legally is to you and your family.

Immigration attorney Melisa Peña brings both legal knowledge and personal experience to every case. As a Peruvian-American immigrant and long-time Miami resident, Melisa understands the unique challenges immigrants face. She has built her career—and this firm—on helping others overcome those same hurdles.

The Jarbath Peña Law Group is a boutique law firm that focuses on immigration and family law. Since 2013, we’ve helped thousands of clients apply for work permits, adjust their status, and stay with their families here in the United States. We provide personalized attention, clear legal guidance, and strong advocacy every step of the way.

If you have questions about your eligibility for a work permit or want help submitting your work permit application, we invite you to contact our office. We’ll make sure your application is prepared correctly, submitted on time, and supported with the documents that USCIS expects.

Call today and let us help you take the next step toward a brighter future.