What Is a Work Authorization and How To Get It?
If you’re a noncitizen in the United States, getting legal permission to work is a critical step toward achieving your career goals. This permission comes in the form of an Employment Authorization Document (EAD), commonly called a work permit. To apply, eligible individuals must submit the I-765 form, or the employment authorization form.
Understanding how to apply, what documents are required, and how long the process takes can save you time, avoid delays, and give you peace of mind.
At Kaur Law, we guide clients through every step of the I-765 process to ensure applications are complete, accurate, and submitted correctly.
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Understanding the Employment Authorization Form (I-765 Form)
Form I-765 is the official application for requesting permission to work in the U.S. Individuals who typically use this form include:
- Asylum Seekers: Those awaiting a decision on their asylum application.
- Students on Optional Practical Training (OPT) or STEM OPT: International students seeking employment related to their field of study.
- Temporary Protected Status (TPS) Holders: Individuals from designated countries facing ongoing conflict or disaster.
- Adjustment of Status Applicants: Those applying to become lawful permanent residents.
Because green card and work visa holders already possess work authorization status, they are not required to submit an employment authorization form to gain permission to work in the U.S.
The form collects personal details, immigration status information, and the basis for eligibility. Submitting a complete and accurate form is essential to avoid unnecessary delays.
How to Apply for Work Authorization in the United States
Applying for your employment authorization document involves a few important steps:
- Determine Eligibility: Review the I-765 form instructions to confirm your eligibility category.
- Gather Required Documents: Common documents include
- Two recent passport-sized photos
- Proof of your current immigration status
- Any previous EADs, if applicable.
- Complete Form I-765: Fill out all sections accurately—mistakes can delay processing.
- Submit Your Application: Applications can be filed online through USCIS or mailed to the correct address.
- Pay the Filing Fee: Check the current fee on the USCIS website, as it can change periodically.
Working with an experienced immigration attorney at Kaur Law can help ensure your application is complete and submitted correctly the first time.
Tracking Your Work Authorization Status After Submission
After submitting your application, you can monitor its progress:
- Receipt Notice: USCIS will confirm they’ve received your application.
- Case Status Online: Use your receipt number to track your application on the USCIS Case Status Online tool.
I-765 Processing Time: How Long It Takes for Approval
Processing can vary depending on your situation:
- Typical Duration: 4 to 7 months, though times can differ.
- Factors Influencing Timing: Service center workload, eligibility category, and completeness of your application.
- Potential Delays: Requests for additional information or additional review can extend the timeline.
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Proof of Employment Authorization and Validity Period
Once approved, your EAD serves as proof that you can legally work in the U.S. Validity periods differ:
- Asylum Applicants: Usually valid for 2 years
- Adjustment of Status Applicants: Generally valid for 1 year
- TPS Holders: Can be valid up to 5 years, depending on the designation
It’s essential to renew your EAD before it expires to avoid interruptions in employment.
Common Questions About the I-765 Form
What should I do if my EAD is lost, stolen, or damaged?
You should report it to USCIS immediately and file Form I-765 for a replacement EAD. Working without a valid EAD can have serious consequences.
Can I apply for a Social Security Number (SSN) with my EAD?
Yes. If you are eligible for an SSN, you can apply once you receive your EAD. Some categories allow you to request an SSN when submitting Form I-765.
Can my family members work using my EAD?
No. Your EAD is only valid for you. Family members must have their own separate work authorization, if eligible.
What happens if my I-765 is denied?
USCIS will send a written notice explaining the reason for denial. You may be able to file a motion to reopen, appeal, or reapply depending on the circumstances.
Can I change employers with an EAD?
Most EAD holders can work for any employer in the U.S., unless your EAD category has restrictions. Always verify the rules that apply to your specific category.
How an Immigration Attorney Can Help With Your I-765 Form
If you’re ready to apply for your work permit, don’t wait. Request a consultation with Kaur Law today to get personalized guidance for your I-765 application. Our team will walk you through each step, review your documents, and help ensure your application is accurate and complete.
Let us take the stress out of getting your work authorization so you can focus on your future in the United States.
