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If you are not a U.S. citizen or lawful permanent resident (LPR), you may need a permit to legally work in this country. This process usually takes approximately four months, but it can take significantly longer if your application is based on certain underlying immigration statuses.
Working without authorization is a violation of immigration law that can jeopardize your ability to obtain immigration benefits. The team at the Law Office of Rosina C. Stambaugh understands that being authorized to work is vital to supporting yourself and your family. We can help you get a work permit as smoothly and efficiently as possible.
What Is a Work Permit?
U.S. work permits are called employment authorization documents (EADs). They typically authorize holders to work for two years at a time. You apply for an initial EAD and any renewals by submitting Form I-765, Application for Employment Authorization, to United States Citizenship and Immigration Services (USCIS).
Who Can Apply for a Work Permit?
Immigrants who should apply for a work permit if they intend to seek U.S. employment include those with:
- Pending adjustment of status applications,
- Temporary Protected Status (TPS),
- Refugee status,
- Asylum,
- Cancellation of Removal for non-permanent residents (EOIR 42b)
- Deferred enforced departure, and
- Deferred Action for Childhood Arrival (DACA) status.
While the DACA program is in flux, those who were previously granted DACA status and have continuously maintained it can continue to renew their EADs.
Additionally, individuals with pending asylum applications can apply for EADs after their cases have been pending for 150 days. If the applicant delays the asylum case, this deadline may be extended.
How Long Does a Work Permit Take to Process?
If you are currently waiting on a work permit application, you may be searching online for answers to questions like, How long does it take to get a work permit while waiting for a green card? Or, How long can you expect to wait before receiving your work permit?
Factors
The work permit timeline can vary based on several factors, beginning with when you submit your I-765. Factors that affect how long it takes for a work permit to be approved typically include:
- Whether you are requesting an initial or renewal EAD,
- How organized and complete your application is, and
- How many other EAD applications the government is processing.
Unfortunately, government backlogs can play a significant role in delaying your EAD. Because that aspect of the process is out of your control, it is all the more important to ensure that everything within your control is as complete and timely as possible.
For instance, you want to ensure your application is complete and submitted in the correct window of time. If you submit your application too early, you risk having it sent back. If you submit too late, you risk losing your work authorization.
So, how long does it take to get a work permit? The answer, ultimately, depends on the factors at play in your case.
Case Processing Tool
You can consult USCIS’s case processing tool to see how long cases like yours are currently taking to process. At the time of this article, application processing varied dramatically by underlying status and location. Here are some examples of the wide range of current processing times.
- Adjust of status applications: 3.5 months (Nebraska Service Center), 5.5 months (California Service Center), 7.5 months (National Benefits Center), 9.5 months (Vermont Service Center), 10 months (Texas Service Center);
- Refugees: 4 months (Nebraska Service Center);
- Asylees (those granted asylum): 5.5 months (Nebraska Service Center), 12 months (Texas Service Center); and
- Asylum applicants: 1 month (initial applications), 16 months (renewal or replacement).
An immigration lawyer can help you determine the best time to submit your I-765 based on your unique circumstances.
What Happens If Your Work Permit Expires?
If your work permit expires, you are no longer authorized to work in America. However, many categories eligible for work permits are subject to an automatic extension of their EAD as long as USCIS receives their application to renew the EAD before the previous EAD expires. This extension is currently 180 days. This extension applies to most humanitarian-based statuses, like asylum, refugee status, and TPS.
Unfortunately, the categories the extension does not apply to may simply lose work authorization temporarily or permanently. This issue may be of particular concern to DACA recipients, who do not qualify for an automatic extension.
How Can an Attorney Help?
Waiting for a work permit can be a stressful process, especially if you are already struggling to make ends meet. The immigration team at the Law Office of Rosina C. Stambaugh can help, regardless of where you are in the process. We can help you prepare an initial application, renew your application, respond to questions from USCIS, or push USCIS to process your application faster. Contact us today.
