Before starting a job, it’s essential to know how to get an employment authorization in the US.
The permit, known as an EAD (Employment Authorization Document), allows immigrants to work legally and safely in the country.
Without this authorization, you could face sanctions and jeopardize future immigration procedures.
In this blog, we explain who can apply for an employment authorization, what the requirements are in 2025, and how an immigration attorney can guide you through the process.
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How do I get employment authorization in the US and what is required?
Generally, to obtain a work permit in the United States, you must apply for an Employment Authorization Document (EAD) from USCIS. You must also:
- Qualify within an eligible category. For example, asylum or TPS.
- File Form I-765.
- Pay the applicable fee, unless you qualify for an exemption.
- Wait for approval from USCIS, who will mail your EAD card or tell you where to pick it up.
What are the requirements to apply for an employment authorization (EAD) in the US?
If you wish to obtain a work permit, you must meet certain basic requirements. These may vary depending on your immigration status, but the most common are:
- Have a valid immigration status that allows you to apply for an employment authorization.
- Be physically present in the US at the time of application.
- Not having committed serious crimes or recent immigration violations.
- Correctly complete Form I-765.
- Attach the necessary supporting documentation.
- Pay the application fee, unless you meet the criteria for a fee waiver.
Now you know the criteria for obtaining employment authorization. However, if your goal is to obtain an employment-based visa, we recommend reviewing our blog on the requirements for employment-based visas in the United States.
What is the purpose of an employment authorization?
A work permit, or EAD, allows you to demonstrate to any employer in the United States that you are legally authorized to work.
You must have your EAD card in hand before starting work, as you cannot be hired without it.
Steps to apply for and obtain an employment authorization in the United States
1# Fill out Form I-765
This is the official form you must submit to USCIS to apply for employment authorization.
2# Prepare the required documentation
You must attach copies of important documents, such as:
- Valid passport and Form I-94.
- Proof of your immigration status.
- Evidence of eligibility.
3# Pay the corresponding fee
The standard fee is $520. However, some categories may request a fee waiver, such as asylum seekers, VAWA visa recipients, or certain minors.
4# Submit the application to USCIS
The application can be submitted by mail or online, depending on your immigration status and place of residence.
5# Attend the biometric appointment (if applicable)
USCIS may require you to have your fingerprints, photograph, and signature taken as part of the process.
How long does the employment authorization take?
The processing time for an employment authorization permit (EAD) varies depending on the applicant’s immigration category and USCIS’s workload. As a guide, the approximate timeframes are as follows:
- Asylum seekers: Between 6 and 8 months.
- TPS or DACA beneficiaries: Between 3 and 5 months.
- Applicants for adjustment of status: Between 3 and 6 months.
USCIS is making available an online tool where you can check the status of your application and verify updated estimated processing times.
Are you about to begin your lawful permanent residency process and unsure of the waiting times? We invite you to read our blog on the Green Card waiting time. There, we explain the timeframes based on the type of application.
Who is not eligible for an employment authorization?
Not everyone is eligible to apply for a work permit in the United States. These include:
- Individuals with a B-1 or B-2 visa, and
- Undocumented immigrants.
USCIS does not issue employment authorizations for these groups, and it is illegal for US employers to hire them. In these cases, compliance with Form I-9 is key.
However, in certain cases, you may qualify for a change of immigration status that would allow you to apply for a work permit.
Have you been denied a visa? A visa denial isn’t always the end of the road. If you recently received an unfavorable response, we recommend reading “What if my visa application is denied” to learn about your options and possible solutions.
Who can work in the United States without applying for an employment authorization?
Certain individuals do not need to apply for a work permit to work in the United States. These include:
- Lawful permanent residents. Obtaining a Green Card allows you to work while it’s valid. If an employer requests proof of authorization, you simply need to present it.
- US citizens. Once you have obtained US citizenship, no additional work permit is required. You may show your US passport or naturalization certificate as valid proof.
- Holders of specific work visas. Some visas allow work without a separate EAD. For example, H-1B visas or L-1 visas.
If you’re thinking about becoming a US citizen, it’s important to know not only the requirements but also the costs involved. Check our blog on the cost of American citizenship and plan your process with up-to-date information.
How do I know if I’m eligible for an EAD?
Most immigrants can apply for an employment authorization. However, eligibility depends on their immigration status and the type of application they are applying for. Some options include:
- DACA recipients.
- K-1 visa holders.
- Individuals with approved asylum status.
- Immigrants with pending applications for adjustment of status.
- Individuals with extraordinary abilities.
- Spouses of certain visa holders.
- TPS or DED beneficiaries.
- Exchange visitors with work authorization.
- Temporary workers with approval for specific employment.
- F-1 students with financial hardship or undergoing optional practical training (OPT).
How can I track the status of my employment authorization application?
You can check the status of your EAD application through the USCIS online tool. To do so, you’ll need the receipt number USCIS gave you after filing your I-765.
This number begins with three letters (such as EAC, LIN, SRC, or MSC), followed by ten digits.
Can I work while my employment authorization application is pending?
No, not at all. You cannot legally work in the United States until you receive your EAD approved by USCIS.
Working without this authorization violates federal law and can have serious consequences, including negatively impacting your immigration case or future applications.
We know that many immigrants are looking for ways to get ahead, but working illegally can have serious consequences. If you’d like more information about the risks and alternatives, check out our article on how to get a job in the United States while illegal .
How can our attorneys help you obtain an employment authorization in the United States?
At Curbelo Law, we have professionals with experience in immigration procedures who will guide you step by step to obtain your legal employment authorization.
We analyze your immigration status, verify your eligibility, gather the necessary documentation, and submit your application correctly to avoid delays or rejections.
Contact us today and receive personalized guidance to begin your process.