How to Apply for Work Authorization (EAD) While Your Immigration Case Is Pending
What Is Work Authorization in Immigration?
When you’re in the U.S. on a pending immigration case — whether it’s Adjustment of Status, asylum, VAWA, or another process — you may be eligible for work authorization through an Employment Authorization Document (EAD). This permit allows you to legally work in the United States while your application is under review.
At San Diego Immigration Attorney – Susan V. Perez Law Offices, we help clients secure EADs quickly and correctly so they can support themselves and their families during their immigration journey.
Who Can Apply for a Work Permit?
You may qualify for work authorization if:
- You filed Form I-485 (Adjustment of Status)
- You are a DACA, TPS, or asylum applicant
- You have a pending VAWA, U visa, or Withholding of Removal case
- You are applying for parole or other humanitarian relief
Each category has different eligibility requirements, but the common thread is that your underlying case must allow or require authorization to work while pending.
How to Apply for a Work Permit (EAD)
Step 1: Complete Form I-765
This is the application for employment authorization. You’ll need to:
- Select the correct eligibility category (e.g., (c)(9) for Adjustment of Status)
- Include biographical information, immigration details, and current status
Step 2: Gather Supporting Documents
You’ll typically need to include:
- Copy of your Form I-797 receipt notice (from your pending application)
- Copy of your passport ID page and visa
- Two passport-style photos
- Prior EAD card (if applicable)
- G-28 if an attorney is representing you
Step 3: Submit Filing Fee (if required)
Many EADs filed with a green card application are fee-exempt if submitted with Form I-485. Others may require a payment, which can be submitted via check, money order, or Form G-1450 (for credit card).
How Long Does It Take to Get a Work Permit?
EAD processing times vary by case type and USCIS workload:
- Adjustment of Status applicants: 3–7 months
- Asylum seekers: 6 months after applying
- DACA renewals: 2–5 months
- VAWA/U visa applicants: 12+ months depending on case volume
Premium processing is not available for EADs — making it important to file early and correctly.
Renewing or Replacing an EAD
Most EADs are valid for 1 to 2 years, depending on your status. You should apply to renew 180 days before expiration to avoid a gap in work authorization.
You may also request a replacement if:
- Your card was lost or stolen
- It was issued with incorrect information
- Your name or status has changed
We help clients track expiration dates and file renewals proactively to maintain uninterrupted work eligibility.
Common Mistakes to Avoid
- Selecting the wrong eligibility category on Form I-765
- Submitting incomplete documentation
- Filing too early or too late for a renewal
- Not updating USCIS with your current address (can cause lost EADs)
Even small errors can result in delays or denials — that’s why having legal guidance from the start is key.
FAQs About Work Authorization
Can I work while waiting for my green card?
Yes — if you’ve filed Form I-485 and an I-765, and have received your EAD approval, you can work legally.
Is my EAD tied to a specific job or employer?
No. An EAD allows open-market employment, meaning you can work for any employer (unlike H-1B or similar visas).
What happens if I work without an EAD?
Unauthorized employment can jeopardize your immigration case, especially for Adjustment of Status applicants. It’s critical to wait for EAD approval.
Get Legal Help with Your Work Permit Application
At San Diego Immigration Attorney – Susan V. Perez Law Offices, we ensure your EAD application is accurate, complete, and submitted on time. Whether you’re applying for the first time or renewing your work permit, we’re here to guide you every step of the way.
📞 Call us at (619) 819-8648 or
📩 Schedule your consultation online and start working legally with confidence.
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