If you want to work in the US, having the right authorization is the law. For many foreign nationals, that means securing a work permit, officially known as an Employment Authorization Document (EAD).

However – not everyone needs an EAD, and not everyone qualifies. If you’re on an H-1B or L-1 visa, you already have work authorization, as it forms part of your visa benefits. If you’re a student, an asylum seeker or adjusting your immigration status, you probably need an EAD. Knowing where you fall in this system is the difference between working legally and facing unnecessary delays—or worse, denial.

The US immigration process isn’t known for its simplicity, and applying for a work permit is no exception.

We answer some frequently asked questions about the US work permit, including who needs to have an EAD and how to apply.

 

What is a work permit USA?

 

A work permit for the USA is officially known as an Employment Authorization Document. The EAD is a photo card issued by USCIS needed to prove a non-US national has valid permission to work in the US.

Employees are required to prove that they are authorized to work in the US, and employers are required to verify the identity and eligibility of all new employees. The work permit, or EAD, acts as evidence of this permission to work.

 

Are you authorized to work in the US?

 

You can only work in the US if you are authorized. You may only be authorized to work in the USA if you:

 

• Are a green card holder
• Are a US citizen or non-citizen national of the United States
• Are a non-citizen, non-resident with express authorization under the terms a visa
• Have applied for and been granted an EAD

 

There are several categories of foreign nationals permitted to work in the United States:

 

• Temporary (non-immigrant) Workers: A temporary worker is an individual seeking to enter the United States temporarily for a specific purpose. Non-immigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their non-immigrant visa was issued.
• Permanent (Immigrant) Workers: A permanent worker is an individual who is authorized to live and work permanently in the United States.
• Students and Exchange Visitors: Students may, under certain circumstances, be allowed to work in the United States. However, they must obtain permission from an authorized official at their school. The authorized official is known as a Designed School Official (DSO) for students and the Responsible Officer (RO) for exchange visitors. Exchange visitors may be eligible to work temporarily in the U.S. via the exchange visitor visa program.

 

 

Do you need a US work visa or permit?

 

A work permit is not the same as a work visa. They are different permissions, serving different purpose with different application processes and eligibility requirements.

A work permit relates specifically to authorization to work while in the US. Not all foreign nationals will need an EAD, for example if their immigraiton stats allows employment while lawfully in the US.

A work visa enables a non-US national to travel to the US for specific purpose and period of time. The process is considerably more complex than that of the EAD.

Whether you need a US work visa or a work permit (Employment Authorization Document – EAD) depends on your immigration status and the type of job you’re seeking.

A work visa is required if you are a foreign national who wants to work in the US and do not already have work authorization. If you enter the US on a work visa, you do not need a separate work permit—the visa itself provides authorization to work.

 

 

US Work Permit eligibility

 

A work permit (EAD) is required if you do not have automatic work authorization through a visa or green card but are eligible to work under certain immigration categories, but is available only where certain eligibility criteria are met. Generally, you must already have an immigration status that allows you to apply for work authorization. This includes individuals with pending green card applications, asylum seekers, DACA recipients, certain spouses of visa holders (such as H-1B spouses on H-4 visas with approved work authorization), and students on F-1 visas participating in Optional Practical Training (OPT) or Curricular Practical Training (CPT). If you have a work visa, such as an H-1B or L-1, you do not need a separate work permit since your visa itself provides work authorization.

The full list of categories is available under the I-765 form instructions, which include:

 

• K-1 fiance visa holders
• Foreign students, eg F-1 students experiencing economic hardship or seeking optional practical training (OPT)
• Asylees, their spouses and children
• People with a pending application for adjustment of status (a green card)
• People with Temporary Protected Status (TPS) or Deferred Enforced Departure (DED)

 

B-1 visa holders and undocumented immigrants are not allowed to apply for a work permit. Working in the US while on a B-1 visa or with unlawful immigration status is an offense.

 

How to apply for a US Work Permit

 

You have to file your application before starting employment.

To apply for a US work permit, you must file Form I-765, Application for Employment Authorization, with USCIS. Along with the form, you must submit supporting documents proving your eligibility, such as your immigration status, proof of identity, and any required fees.

Some categories may require additional evidence, such as a pending green card application or proof of eligibility under DACA or asylum. Once submitted, USCIS will process your application, and if approved, you will receive an Employment Authorization Document allowing you to work legally in the US.

 

How long does it take to get a US work permit?

 

The processing time for a US work permit varies depending on the applicant’s eligibility category and the workload at the USCIS service center handling the case. On average, it takes between two to six months for USCIS to process an Employment Authorization Documentapplication. Some categories, such as asylum seekers, may qualify for expedited processing under specific conditions. Checking USCIS processing times online and ensuring all documents are correctly submitted can help avoid unnecessary delays.

 

How to renew a work permit

 

A US work permit can be renewed if the applicant remains eligible for work authorization. To renew an Employment Authorization Document, you must file a new Form I-765 with USCIS before your current work permit expires. In some cases, USCIS allows for an automatic extension of up to 180 days while the renewal is being processed, depending on the category of work authorization.

It is important to apply for renewal well in advance of the expiration date to avoid any gaps in employment eligibility.

 

If your work permit expires

 

If your US work permit expires and you have not applied for renewal, you must stop working immediately. Continuing to work without a valid EAD can result in immigration consequences, including denial of future immigration benefits.

If you are eligible for renewal, it is best to apply as early as possible to avoid interruptions in your work authorization. If your immigration status changes and you no longer qualify for a work permit, you may need to switch to a visa category that provides work authorization or adjust your status accordingly.

 

Employer obligations

 

In the US immigration system, employers play a significant role in ensuring that foreign workers have the proper authorization to work legally. However, their level of involvement depends on whether the worker needs a work permit or a work visa sponsored by the employer.

 

For employees with work permits

 

If a worker has a work permit (EAD) issued by US Citizenship and Immigration Services (USCIS), the employer’s role is primarily to verify employment eligibility. This includes:

 

• Completing Form I-9 – Employers must verify the employee’s work authorization by completing Form I-9, Employment Eligibility Verification, within three days of hiring. The worker must present a valid EAD or another acceptable document proving authorization to work.
• Following Anti-Discrimination Laws – Employers cannot refuse to hire someone based solely on their immigration status if they have valid work authorization. They also cannot demand specific documents beyond what is legally required for Form I-9.
• Tracking Expiration Dates – Employers should keep track of work permit expiration dates to ensure compliance with employment laws. They cannot allow an employee to work with an expired EAD.

 

For employees requiring employer-sponsored work visas

 

If a foreign worker does not qualify for a self-obtained work permit and instead requires a work visa, such as H-1B, L-1, or O-1, the employer’s role is more extensive. This includes:

 

• Sponsoring the Work Visa – Employers must file petitions with USCIS (such as Form I-129 for an H-1B visa) to sponsor a worker for legal employment in the US.
• Paying Required Fees – Employers are responsible for certain immigration fees associated with work visa petitions, such as the H-1B petition fee and labor condition application (LCA) fees.
• Compliance with Labor Laws – For employer-sponsored visas, companies must comply with US labor laws, including fair wages, working conditions, and non-discriminatory hiring practices.
• Notifying USCIS of Changes – Employers must report significant changes in a foreign worker’s employment, such as job termination or a change in job location, to USCIS or the Department of Labor (DOL).

 

In summary, for work permit holders (EADs), employers only need to verify work authorization and ensure compliance with Form I-9 requirements, while for employer-sponsored visas, the employer must actively petition for the visa, cover certain fees, and ensure compliance with immigration laws.

 

Need assistance?

 

NNU Immigration are specialist attorneys dedicated to US immigration, visa and compliance matters. To discuss a US work permit application, or for compliance guidance for your organization when hiring and sponsoring foreign national workers, contact us.

 

Work permit FAQs

 

What is a work permit in the US?

A work permit, officially called an Employment Authorization Document (EAD), is a legal document issued by US Citizenship and Immigration Services that allows eligible noncitizens to work in the US.

 

Who needs a work permit to work in the US?

Individuals who do not have automatic work authorization through a visa or green card must obtain a work permit to be legally employed in the US.

 

How do I apply for a work permit in the US?

You must file Form I-765, Application for Employment Authorization, with US Citizenship and Immigration Services along with the required documents and filing fee.

 

How long does it take to get a work permit?

Processing times vary, but it typically takes two to six months for US Citizenship and Immigration Services to approve a work permit application.

 

Can I work in the US while waiting for my work permit?

No, you cannot legally work in the US until you receive your approved Employment Authorization Document.

 

How long is a work permit valid?

A work permit is usually valid for one to two years, depending on your immigration status, and can be renewed if you remain eligible.

 

Can I renew my work permit?

Yes, if you are still eligible for work authorization, you can apply for a renewal by filing a new Form I-765 before your current permit expires.

 

What happens if my work permit expires?

If your work permit expires, you must stop working immediately unless you qualify for an automatic extension under specific eligibility categories.

 

Can I apply for a green card while on a work permit?

A work permit does not grant permanent residency, but if you qualify for a green card through employment, family, or asylum, you may apply separately.

 

Do I need a work permit if I have a work visa?

No, individuals with work visas such as H-1B, L-1, or O-1 have automatic work authorization and do not need an Employment Authorization Document.

 

Can I travel outside the US with a work permit?

A work permit alone does not grant reentry into the US. You may need advance parole or a valid visa to return after traveling abroad.

 

I have a work based visa, do I need work permit?

Foreign nationals who have obtained work-based visas that have been sponsored by U.S. employers are also eligible to work in the United States. For example, such visas include an H-1B (for specialty workers), an L-1 visa (for intracompany transferees), an E-3 visa (only for Australians), and an E treaty trader or treaty investor visa (for employees of companies registered as treaty traders or treaty investors in the United States).

 

Do green card holders need a work permit?

Green card holders automatically have permission to work in the United States. The green card should be presented to a US employer to act as proof of authorization to work.

 

Glossary

 

 

Term	Definition
Work Visa	A visa that grants foreign nationals permission to work in the US under specific employment categories, such as H-1B, L-1, or O-1.
Work Permit (EAD)	An Employment Authorization Document issued by US Citizenship and Immigration Services that allows certain noncitizens to work legally in the US.
US Citizenship and Immigration Services (USCIS)	The federal agency responsible for processing immigration applications, including work permits and visas.
H-1B Visa	A nonimmigrant visa for skilled workers in specialty occupations, typically requiring a bachelor’s degree or higher.
L-1 Visa	A visa for intracompany transferees, allowing employees of multinational companies to work in a US branch.
O-1 Visa	A visa for individuals with extraordinary abilities in fields such as science, arts, business, education, or athletics.
TN Visa	A special work visa under USMCA for Canadian and Mexican professionals working in the US.
H-2B Visa	A visa for temporary non-agricultural workers in industries like hospitality, construction, and landscaping.
Green Card (Permanent Resident Card)	A document granting lawful permanent residence in the US, allowing the holder to live and work permanently.
DACA (Deferred Action for Childhood Arrivals)	A program that provides temporary protection from deportation and work authorization for eligible undocumented individuals brought to the US as children.
OPT (Optional Practical Training)	A program allowing F-1 student visa holders to work in the US for up to 12 months after completing their studies, with an extension for STEM graduates.
CPT (Curricular Practical Training)	A work authorization program for F-1 visa students that allows them to gain employment experience related to their field of study while still enrolled.
I-765 Form	The application form used to request an Employment Authorization Document (EAD) from USCIS.
I-94 Form	A record issued to nonimmigrant visa holders upon entry to the US, indicating their authorized stay duration.
Advance Parole	A travel document that allows certain visa holders, pending green card applicants, or DACA recipients to leave and reenter the US without jeopardizing their status.
Change of Status (COS)	A process that allows a nonimmigrant in the US to switch from one visa category to another without leaving the country.
Extension of Stay	A request to prolong the period of authorized stay in the US beyond the initial approval.
Unauthorized Employment	Working in the US without the proper visa or work permit, which can lead to visa denial, deportation, or other penalties.