Work Permits

A work permit, officially called an Employment Authorization Document (EAD), is a card issued by U.S. Citizenship and Immigration Services (USCIS) that allows noncitizens to legally work in the United States for a specific period of time. It is not the same as permanent residency or a visa, but it provides lawful authorization to work while another immigration case is pending or while a temporary status is valid.

Eligibility for a work permit depends entirely on your immigration category. Common groups that qualify include individuals with pending Adjustment of Status applications, asylum applicants, recipients of Temporary Protected Status (TPS), certain humanitarian applicants, and some student visa holders with specific permissions. Each category has its own eligibility rules, filing timelines, and limitations.

A key point many applicants misunderstand is that a work permit is not automatic. You must qualify under a specific category and file the correct form under the correct eligibility code. Filing under the wrong category can delay or deny your application. In addition, work permits are temporary and must be renewed on time to avoid losing authorization.

At Trujillo Law Group, we help clients understand whether they qualify, when they are eligible to apply, and how to maintain uninterrupted work authorization. Our goal is to ensure families can legally support themselves while their immigration matters move forward.

Most work permits are requested by filing Form I-765, Application for Employment Authorization, with USCIS. This form must be filed under a specific eligibility category tied to your immigration status or pending application. In many cases, the I-765 is filed together with another immigration application, such as Adjustment of Status or asylum. In other cases, it may be filed separately once eligibility is established.

The application requires personal information, immigration history, proof of eligibility, identity documents, and supporting evidence such as receipt notices for pending cases. USCIS reviews each application carefully, and even small errors—like selecting the wrong category or omitting evidence—can result in long delays or denials.

Once filed, USCIS will issue a receipt notice and later schedule biometrics if required. Processing times vary, and applicants should expect a waiting period before approval. Some categories allow for automatic extensions if a renewal is filed on time, but not all categories qualify.

We guide clients through the entire filing process, from selecting the correct eligibility category to assembling supporting documents. This reduces avoidable delays and helps ensure the application is processed as smoothly as possible.

Processing times for work permits vary depending on USCIS workload, the applicant’s category, and whether the application is complete. Some applications are approved within a few months, while others take longer. USCIS does not guarantee a specific timeline, and delays are common.

Several factors can slow down processing, including missing documents, background checks, Requests for Evidence (RFEs), or filing under an incorrect category. Backlogs at USCIS service centers can also affect timelines.

Because work authorization is critical for many families, planning ahead is essential. Filing early, renewing on time, and submitting a complete application can help reduce the risk of gaps in authorization.

Trujillo Law Group helps clients plan around realistic timelines and prepares filings with care to minimize unnecessary delays.

Yes, in most cases, work permits can and should be renewed before they expire. USCIS generally allows renewals to be filed several months in advance, and filing early is strongly recommended. Waiting too long can result in a lapse in authorization and loss of the ability to work legally.

Renewal eligibility depends on whether the underlying immigration case or status is still valid. For example, someone with a pending Adjustment of Status case may continue renewing their work permit while the Green Card application remains pending.

Some renewal categories qualify for automatic extensions if filed on time, but not all applicants are eligible. Missing a renewal deadline can have serious financial consequences.

We track renewal timing for clients and prepare renewal filings early to help prevent work interruptions.

If your work permit expires and you do not qualify for an automatic extension, you must stop working immediately. Continuing to work without authorization can create immigration problems and may affect future applications.

An expired work permit can also affect your ability to renew a driver’s license, maintain employment, or support your family financially. For many immigrants, this creates significant stress and uncertainty.

If your permit is close to expiring or already expired, it is important to act quickly. In some cases, renewal may still be possible. In others, alternative options may need to be explored.

Trujillo Law Group helps clients address expiring or expired permits and determine the safest next steps.

In most cases, you cannot work until your work permit is approved, unless you qualify for an automatic extension under a specific category. Automatic extensions apply only in limited circumstances and depend on timely filing and eligibility.

Working without authorization while waiting for approval can create serious issues, even if the work permit is eventually approved. It is important to understand whether you are authorized before accepting or continuing employment.

We help clients understand their work authorization status and avoid unintentional violations that could harm their immigration case.

Applying for a work permit generally does not negatively affect your underlying immigration case when done correctly. In fact, it is often a normal and expected part of the process for many applications.

However, errors in the application—such as inconsistent information or incorrect eligibility claims—can raise questions for USCIS. Consistency across all filings is critical.

We ensure work permit applications align with the overall immigration strategy and do not create unintended complications.

Required documents vary by category but commonly include identity documents, immigration status evidence, prior work permits (if renewing), receipt notices for pending cases, and passport-style photos.

Missing or incorrect documents are a common cause of delays. USCIS expects clear, organized, and accurate submissions.

Trujillo Law Group helps clients identify required documents and prepare a complete filing that meets USCIS requirements.

Some work permit denials can be corrected by refiling, while others may require addressing eligibility issues first. USCIS does not always allow appeals for work permit denials, so understanding the reason for denial is essential.

A denial may indicate a deeper eligibility issue that affects the underlying immigration case. Immediate review is critical.

We analyze denial notices carefully and advise clients on realistic next steps.