For many undocumented immigrants, the ability to work legally in the United States is life-changing. A work permit, officially known as an Employment Authorization Document (EAD), is the key to gaining that legal status. It allows individuals to secure stable jobs, apply for benefits like a Social Security Number, and create a foundation for a better future.
Beyond its practical benefits, an EAD offers something even more significant: peace of mind. Working legally means no longer living in fear of exploitation or legal consequences. However, the process of applying for an EAD can feel overwhelming, especially with stricter immigration policies and the uncertainty they bring. In this blog, we’ll guide you through the basics of who qualifies for an EAD and how to take the first steps toward obtaining one.
Who is Eligible for an EAD?
Obtaining an EAD requires having an immigration case or status that qualifies for work authorization. Simply being in the U.S. is not enough; your eligibility must be tied to a valid legal process. While we may repeat these categories across various blog posts, it’s because we believe it’s essential to provide a clear and accessible list where everyone can easily identify which category they might fit into. Taking that first step toward understanding your eligibility is crucial for moving forward with confidence. Here are some of the most common categories relevant to individuals going through challenging immigration circumstances:
- Asylum Applicants :
If you’ve fled your home country due to persecution and filed for asylum, you may qualify for a work permit. For example, an individual seeking protection from political persecution in their country of origin can apply for an EAD 150 days after submitting their asylum application. - Non-LPRs Applying for Cancellation of Removal:
If you’ve been in the U.S. for over 10 years and are in removal proceedings, you may apply for a work permit while your case is pending. For instance, a parent with U.S. citizen children might seek cancellation of removal to prevent their deportation and obtain work authorization during the process. - TPS Applicants:
Individuals from countries designated for Temporary Protected Status (TPS) due to natural disasters or conflict may qualify for work authorization. For example, a person from a country experiencing a severe earthquake or ongoing war could apply for TPS and, with it, the right to work legally in the U.S. - U Visa Applicants:
Victims Victims of certain crimes, such as domestic violence or human trafficking, may qualify for a U visa. For instance, a person who reports and cooperates with law enforcement in a domestic violence case can apply for a U visa and receive work authorization as part of the process. - Adjustment of Status Through Family Sponsorship:
If you’re married to a U.S. citizen or have another immediate relative sponsoring your green card application, you can apply for a work permit while awaiting approval. For example, a spouse of a U.S. citizen who entered the country legally and filed for adjustment of status could request work authorization during the processing period.
Comprehending these eligibility categories can be complicated, and understanding where you fit in is crucial. Consulting with an immigration attorney ensures you meet the requirements and can present the strongest application possible. In the next section, we’ll dive into the application process itself, breaking it down step by step.
Steps to Apply for a Work Document (EAD)
Applying for an Employment Authorization Document (EAD) can feel daunting, but breaking it down into clear steps can simplify the process.
Filing Form I-765:
The first step is completing Form I-765, the application for employment authorization. This form tells USCIS why you’re eligible for a work permit. It’s critical to fill it out accurately, including your personal information, immigration status, and the specific category under which you are applying (e.g., asylum or TPS). Errors or omissions can lead to delays, so double-check your responses.
Gathering Required Documents:
Next, gather the supporting documents to prove your eligibility. This typically includes:
- Proof of identity, such as a valid passport or government-issued photo ID.
- Evidence of your legal presence or pending immigration case, such as an asylum receipt notice, I-94 form, or TPS approval notice.
- Any additional documentation specific to your eligibility category, like affidavits or marriage certificates if applying through family sponsorship.
Submitting the Application:
You can submit your application by mail or online, depending on your eligibility category. Follow the instructions provided by USCIS carefully, as submitting to the wrong address or omitting required forms can delay processing. If mailing, include a clear cover letter summarizing the contents of your application packet.
Receipt and Biometrics:
After submitting, USCIS will send you a receipt notice (Form I-797C) confirming they’ve received your application. Keep this notice safe; it contains your case number, which you’ll need to track your application. In some cases, USCIS may also schedule a biometrics appointment to collect your fingerprints and photo.
Processing Times:
Processing times for work permits vary depending on your category and the service center handling your case, ranging from 2 to 8 months on average. Delays can occur due to backlogs or errors in your application. You can check the status of your case online at the USCIS Case Status Tool using your receipt number.
Challenges in the EAD Process and How to Overcome Them
The process of applying for work authorization can come with obstacles that require patience and preparation. One common issue is processing delays, often due to the large number of applications being handled. If you’ve been waiting longer than expected, it’s possible to request an update through USCIS to ensure your case is still progressing.
Mistakes or incomplete applications are another hurdle. Missing key documents or submitting incorrect information can result in setbacks, so it’s critical to carefully review all requirements before applying. If USCIS determines something is missing, they may ask you to provide additional evidence. These requests should be handled promptly and with clear, organized responses to avoid further delays.
In urgent situations, such as financial hardship or medical emergencies, it may be possible to speed up your application by requesting special consideration. However, this option is rare and requires strong evidence to justify the request.
Risks of Working Without Authorization
Working without authorization may feel like the only option for many undocumented immigrants, but it carries serious risks. Engaging in unauthorized employment can render you inadmissible under immigration law, meaning it may block your ability to adjust your status or receive future immigration benefits. For example, if you apply for a green card or certain types of relief, your unauthorized work history could complicate or even disqualify your case.
Despite these challenges, it’s critical to pay taxes on your income, even if you’re working without authorization. Filing taxes with an ITIN (Individual Taxpayer Identification Number) not only fulfills your legal obligation but also demonstrates good moral character, which is often a key factor in immigration cases like cancellation of removal or adjustment of status. Paying taxes shows that you are contributing to society, which can positively impact your future opportunities.
Conclusion
Obtaining a work permit is a significant step toward stability and independence for undocumented immigrants. While the process may involve challenges like delays or backlogs, success is achievable with the right preparation and support. A work permit not only provides legal employment but also opens doors to opportunities like applying for a Social Security Number, securing a driver’s license, and building a better future for your family.
We understand how overwhelming this process can feel. Our team is here to guide you, ensuring that your application is accurate, complete, and supported by strong evidence, we’re committed to helping you every step of the way.
Now is the time to take action. By starting the process today, you can move closer to the stability and peace of mind that a work permit provides. Contact us to explore your options and begin your journey toward a brighter and more secure future.
