Who can apply for a work permit
A work permit is not a standalone benefit. You must fit one of the eligibility categories that federal regulations list, and each has its own code on the I-765. The categories we see most often in our office are these.
- People with a pending adjustment of status application (Form I-485).
- Asylum applicants whose case has been pending long enough to qualify, under rules that count the days since filing and pause for certain delays caused by the applicant.
- People granted asylum, withholding of removal, or refugee status.
- Temporary Protected Status (TPS) holders and applicants.
- DACA recipients filing renewals.
- Applicants and holders of U visas, T visas, and VAWA self-petitioners with approved or pending cases.
- Spouses of certain visa holders, and people with a pending cancellation of removal or other relief in immigration court (EOIR) in some situations.
How the I-765 process works
USCIS decides work permit applications. The steps are simple to describe, but the details, especially the category code and the supporting evidence, are where applications go wrong.
- Step 1: Identify your eligibility category and confirm you meet its requirements on the date you file.
- Step 2: Complete Form I-765, selecting the correct category code, and gather proof of eligibility: for example, your I-485 receipt notice, asylum receipt, TPS approval or DACA approval.
- Step 3: Add identity documents, passport-style photos and, if a fee is required for your category, the payment or a fee waiver request on Form I-912.
- Step 4: File online or by mail, depending on the category. Keep the receipt notice; for renewals in many categories it extends your existing card automatically.
- Step 5: Attend biometrics if USCIS schedules it.
- Step 6: Receive the decision. If approved, the EAD card is mailed to you, and you can use it to complete Form I-9 with your employer and to apply for a Social Security number if you do not have one.
Renewing your EAD without losing your job
A work permit renewal is filed on the same Form I-765, and USCIS allows you to file it well before the current card expires. Filing early matters because a gap in authorization can cost you your job. Employers must stop you from working the day your authorization lapses unless you can show an automatic extension applies.
For many categories, including pending adjustment, pending asylum and TPS, a timely filed renewal automatically extends your existing card for a set period while USCIS decides. Your receipt notice, together with your expired card, serves as proof for your employer. Not every category gets this extension, and the rules have changed more than once, so we confirm your situation before you rely on it.
What USG Law Group does for your work permit
We confirm you are eligible and choose the correct category code, because a wrong code is one of the most common reasons an I-765 is rejected or denied. We prepare the application, assemble the proof, and file it with your main case when the two go together, as with an I-485 or an asylum application.
Gigi Mejia, our USCIS Practice Manager, handles the USCIS filing side, sets renewal reminders, and is the person who answers when you need a copy of your receipt for an employer. Marianela Uribe, our lead attorney, reviews each application and steps in when USCIS sends a Request for Evidence or a denial that needs a response.
Common problems with EAD applications
Applications stall or fail for predictable reasons: the wrong category code, a missing receipt notice for the underlying case, photos that do not meet specifications, an unsigned form, or a renewal filed so late that the card expires before the new one arrives. Asylum applicants sometimes apply before their waiting period has run, which leads to a denial.
A denied or expired work permit does not usually end your underlying case, but it can mean losing income for months. If your situation has changed, for example your asylum case was referred to immigration court or your I-485 was denied, your work permit eligibility may change too. Tell us right away so we can keep your authorization alive if the law allows.
Why clients trust USG Law Group with work permits
Clients tell us their work permits were prepared sooner than other offices had quoted, and one family of four told us the attorney and team stayed on top of the process until every permit arrived. We work in English and Spanish, offer evening, weekend and virtual appointments, and accept payment plans. Marianela Uribe is licensed in Maryland and Virginia and serves clients in Washington DC. If your work permit is tied to a pending green card case, see our Adjustment of Status page. If it is tied to a protection claim, see our Asylum page.
