Work Permits

How do I obtain a work permit in the United States?

You can obtain a work permit in three ways. First, if you obtain a legal status, then you can obtain a work permit as shown in categories (a)(1) - (a)(20). Second, if you enter on certain types of visas, your visa itself acts as your work authorization without the need to apply for a work permit. Third, you can obtain a work permit if you fall into one of the categories listed in (c)(1) - (c)(36). You must submit Form I-765, Application for Employment Authorization, and list one of the codes below and show proof that you are eligible under one of those codes. For example, a person that is applying for a green card may apply for a work permit under the (c)(09) category. A person that is applying for DACA may apply for a work permit under the (c)(33) category. A person that has applied for asylum may obtain a work permit under the (c)(08) category. Below is a list of all categories available to obtain a work permit in the United States with a brief explanation.

(a)(1) Lawful Permanent Resident. This work permit is issued to someone who has been granted legal permanent residence in the United States.

(a)(2) Lawful Temporary Resident. This work permit is uncommon. It is issued to someone who has been granted temporary legal permanent residence in the United States. It usually applied to applicants that applied under the 1986 Immigration Reform and Control Act. Today it used by applicants that have reached a settlement agreement, but most people are not eligible for this type of work permit.

(a)(3) Refugee. This work permit is issued to someone who has been admitted as a refugee. For example, certain people living in refugee camps outside the United States are classified as refugees and allowed to enter the United States as refugees to submit an application for asylum. These applicants along with their spouses and children can apply and renew a work permit under this category.

(a)(4) Paroled Refugee. This work permit is issued to someone who has been paroled (which is a discretionary way of allowing a person to enter the United States temporarily) as a refugee. These applicants along with their spouses and children can apply for a work permit under this category.

(a)(5) Asylee. This work permit is issued to a person that has been granted asylum by an immigration judge or an officer of U.S. Citizenship and Immigration Services that has reviewed and approved a person's Form I-589, Application for Asylum. Once you are granted asylum, your legal status changes from refugee to asylee. And you must wait 1 year before applying for a green card. In the meantime, you may apply for a work permit under this category.

(a)(6) Fiancé(e) (K-1 or K-2 Nonimmigrant). This work permit is issued to a person that has been admitted to the United States as a fiancé of a U.S. citizen. Upon arrival, the fiancé and his or her child can apply and receive a work permit under this category.

(a)(7) Parents and Children of NATO employee (N-8 or N-9). This work permit is for the parents and children of a NATO employee that has been granted legal permanent residence in the United States. Certain NATO employees are granted legal permanent residence in the United States. In turn, they can bring their parents and children to the United States on N-8 and N-9 visas, and later apply and obtain a work permit for them under this category.

(a)(8) Citizen of Micronesia, Marshall Islands, or Palau. This work permit is for citizens of Mirconesia, Marshall Islands, or Palau through an agreement by the United States and those countries. Citizens of these countries can apply for a work permit once they are admitted to the United States.

(a)(9) Spouse or Child of a U.S. citizen (K-3 or K-4 visa). This work permit is for the spouse and children of U.S. citizens that enter the United States on a K-3 or K-4 visa. Sometimes a U.S. citizen will file Form I-130, Petition for an Alien Relative, for a spouse or child abroad. While Form I-130 is pending, the U.S. citizen spouse may file Form I-129F to bring the spouse or child into the United States on a K-3 or K-4 visa to await the approval of the I-130 petition. Once here, the spouse or child can apply for a work permit under this category. This is not very common because the I-130 petition is normally approved before the I-129F, which then ends the spouse's or child's eligibility to obtain a K-3 or K-4 visa. In the past when I-130 petitions took longer to approve than I-129F petitions, U.S. citizens could pursue this work permit for their spouse and children once they entered on a K-3 or K-4 visa.

(a)(10) Withholding of Removal. This work permit is issued to a person that has been granted withholding of removal, which is something similar to asylum, but only results in a work permit if it is granted by an immigration judge during a removal or deportation proceeding. Withholding of removal prevents your removal to your home country if you can show that it is more likely than not you will be subjected to persecution upon your return. In the meantime, you can obtain and renew a work permit under this category.

(a)(11) Deferred Enforced Departure. This work permit is issued to individuals from a country that has been designated specifically from the President of the United States. From time to time, the President has the power to shield individuals from a specific country from removal or deportation. For example, on October 1, 2007, President Bush issued a directive covering individuals from Liberia, and on August 5, 2021, President Biden issued a directive covering individuals from Hong Kong from being removed. Individuals covered under the President's directive can apply and receive a work permit under this category.

(a)(12) Temporary Protected Status.This work permit is issued to a person that is from a country that has been provided temporary protected status due to a natural disaster or civil upheaval in that country. The Secretary of the Department of Homeland Security can designate a period of time during which a person can receive temporary protected status and also apply for a work permit during that time.

(a)(13) Family Unity Program.This work permit is issued for spouses and children of a person that became a legal permanent resident or legal temporary resident under the Immigration Act of 1990. As a spouse or child, you must have been living continuously in the United States since May 5, 1988 or December 1, 1988 until the present date. You must also have been the spouse or unmarried child of a legalized resident on May 5, 1988 or December 1, 1988.

(a)(14) LIFE Legalization. This work permit is issued for spouses and children who were living continuously in the United States since December 1, 1988 until the present date. You must be the spouse or child of a person that was eligible to submit a legalization application under section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments. This is not very common anymore.

(a)(15) V Visa Nonimmigrants. This work permit is issued to spouses and children of legal permanent residents that had a petition filed before December 21, 2000. If the petition had been pending for more than 3 years, the spouse and children could enter the United States with a V visa to await the approval of the pending I-130 petition. In the meantime, the spouse and children could apply for a work permit. Some people can still apply for this type of work permit, but it not very common for the vast majority of people.

(a)(16) T-1 Visa Nonimmigrant. This work permit is issued to victims of human trafficking. A person that has been forced, coerced, or lured into sex trafficking or labor trafficking is considered to be a victim of human trafficking. If a victim helps law enforcement investigate the criminal conduct, and later obtains a T visa as a result, he or she along with any eligible family members can obtain a work permit under this category.

(a)(17) E Visa Nonimmigrant Spouses. This work permit is issued to spouses of an E visa holder. E Visas are issued to treaty traders and investors that enter the United States to direct the operations of a business that is investing a substantial amount of money. Children of E visa holders are not eligible for a work permit. Only spouses of an E Visa holder can apply for and obtain a work permit under this category.

(a)(18) L Visa Nonimmigrant Spouses. This work permit is issued to spouses of a person that holds an L-1 visa. L-1 Visas are issued to a person that is part of a multinational company who transfers to an office located in the United States as part of the same multinational company. The spouse of an L-1 visa holder can apply for a work permit under this category, but the children of an L-1 visa holder cannot. Only spouses of an L-1 holder are eligible for a work permit.

(a)(19) U-1 Nonimmigrants. This work permit is issued to victims of certain criminal activity such as domestic violence, sexual assault, stalking, felonious assault, attempted murder, aggravated battery, etc. A person that helps law enforcement investigate the crime or helps prosecute the offender can obtain a U visa. Once a person has an approved U visa, he or she can obtain a work permit under this category.

(a)(20) U-2, U-3, U-4, or U-5 Nonimmigrants. This work permit can be issued to the spouses, children, parents, and siblings of a U-1 visa holder. A U-1 visa holder is person that has been a victim of certain crimes and who has helped investigate or prosecute the criminal activity. If the U-1 visa holder was under 21 when Form I-918 was initially submitted, then the spouse, parents, unmarried children under the age of 21, and unmarried siblings under the age of 18 can obtain a work permit. If the U-1 visa holder was already 21 years old when Form I-918 was filed, then only the spouse and unmarried children under the age of 21 can obtain a work permit under this category.

(c)(1) Spouse/Dependent of A-1 or A-2 Visa Nonimmigrant. You can obtain a work permit under this category if your spouse or parent is an employee of a diplomatic or consular office in the United States. You must be the spouse, or unmarried child under 21, or the son or daughter under the age of 23 if you are enrolled in an undergraduate program (under 25 if you are enrolled in a graduate program), or are physically or mentally disabled.

(c)(2) Spouse/Dependent of E-1 Nonimmigrant. You can obtain a work permit under this category if your spouse or parent has entered the United States on an E-1 visa to carry on trade of a substantial nature that is international in scope or has invested or is in the process of investing a substantial amount of capital in business in the United States. The E-1 holder must intend to depart the United States at the conclusion of the trade or investment. A treaty between the United States and the E-1 holder's foreign state must also exist.

(c)(3)(A) F-1 Student, Pre-Completion Optional Practical Training. You may obtain a work permit under this category if you are on an F-1 student visa. If you are on vacation or if your school is not currently session, then you may obtain a work permit. You must be eligible to register for the next term and you must intend to do so as well. If your school is in session, then you may also obtain a work permit but you must work in an area directly related to your major or area of study, and the employment cannot exceed 20 hours per week while your school is in session.

(c)(3)(B) F-1 Student, Post-Completion Optional Practical Training. You can obtain a work permit under this category if you have completed your course requirements for your degree program. Afterwards, you can obtain employment authorization for a 12-month period and must complete the employment within a 14-month period following the completion of study. In certain cases, you may apply for a 24-month extension.

(c)(3)(C) F-1 Student, 17-month extension for STEM Students. You can obtain a work permit under this category if you have are already in a post completion optional practical training period for a science, technology, engineering, or mathematics degree. You can seek a 17-month or a 24-month extension of your work permit in such a case.

(c)(3)(ii) F-1 Student, Off-Campus Employment Sponsored by a Qualifying International Organization. You may obtain a work permit under this category if you sponsored by a qualifying international organization, which is an organization such as the United Nations, The International Labour Organization, Food and Agriculture Organization, or other international organizations designated as such by the Department of State. Such an organization may sponsor you and can obtain a work permit to work for an international organization operating in the United States.

(c)(3)(iii) F-1 Student, Off-Campus Employment Due to Severe Economic Hardship. You may obtain a work permit under this category if you are on a student visa and are suffering unforeseen and severe economic hardship. In such a case, you will need to submit evidence such as affidavits or documents demonstrating the claimed economic hardship.

(c)(4) Spouse/Dependent of G-1, G-3, or G-4. You may obtain a work permit under this category if you are the spouse, unmarried child, or son or daughter under the age of 23 if enrolled in college, etc. of a G-1 visa holder. A G-1 visa is issued to diplomats of foreign countries that enter the United States to work for an international organization like the International Monetary Fund or World Bank.

(c)(5) J-2 Spouse or Child of J-1 Exchange Visitor. You may obtain a work permit under this category if you are the spouse or unmarried child of a J-1 visa holder. A J-1 visa is issued to an exchange visitor. During the J-1 visa holder’s authorized stay, a spouse or unmarried child can also obtain a work permit.

(c)(6) M-1 Student, Practical Training. You can obtain a work permit under this category if you entered on a M-1 visa. An M-1 visa is issued to students that complete a vocational course of study at a junior college or community college, for example. Upon completion, you may apply for a work permit to accept temporary employment for practical training related to the completed course of study.

(c)(7) Dependent of NATO-1 through NATO-6. You can obtain a work permit under this category if you are the parent of child of a N visa holder. An N visa is issued to certain persons that enter to work under the North Atlantic Treaty Organization. Certain dependents such as parents and children can obtain a work permit during the N visa holder’s authorized stay in the United States.

(c)(8) Asylum Application Pending. You can obtain a work permit under this category if you have an asylum application that is pending. After you file Form I-589, you must wait 150 days before applying for a work permit using Form I-765. You can continue renewing your permit while your case is pending with U.S. Citizenship and Immigration Services or with an immigration judge. Your spouse and children can also obtain a work permit under this category while your asylum application (Form I-589) remains pending.

(c)(8) Withholding of Removal Application Pending. You can obtain a work permit under this category if you have a Withholding of Removal application that is pending. Withholding of Removal applications are only submitted to an Immigration Judge in removal proceedings. You can continue renewing your permit while your case is pending with an Immigration Judge. Your spouse and children cannot obtain a work permit under this category. Only you as the main applicant for Withholding of Removal can obtain a work permit under this category.

(c)(9) Pending Adjustment of Status Application. You can obtain a work permit under this category if you have a green card application pending. If you have filed Form I-485, Application to Adjust Status or Register Permanent Residence, then you can also obtain a work permit while your Form I-485 remains pending with USCIS or an Immigration Judge. You can apply for a work permit at the same time that you submit your green card application. You can renew your work permit while your application remains pending.

(c)(10) Cancellation of Removal Applicants. You can apply for a work permit under this category if you are in a deportation or removal proceeding and have submitted Form EOIR-42B to an Immigration Judge. Form EOIR-42B is only available to a person in a deportation proceeding. It is not available to someone that has not been placed into a deportation proceeding. Form EOIR-42B requires proof that you have lived in the United States for the past 10 years and proof have a spouse, child, or parent that is a U.S. citizen or Legal Permanent Resident, among other things. After you submit Form EOIR-42B and while it remains pending with Immigration Judge, you may apply for a work permit under this category.

(c)(11) Public Interest Parolee. You can obtain a work permit under this category if you have been paroled into the United States and issued Form I-94, which will usually contain some indication that a person has been paroled as a public interest parolee. A public interest parolee is a person that has entered the United States for urgent humanitarian reasons or significant public benefit. For example, a person paroled under the Central American Minor Refugee/Parole Program is a public interest parolee and can obtain a work permit.

(c)(14) Deferred Action. You can obtain a work permit under this category if you have applied for a U visa and have received a bona fide determination letter from USCIS stating that your case appears to be legitamate. You can continue renewing your work permit under this category until your U visa is approved. Once approved, you can obtain a work permit under the (a)(19) or (a)(20) category above. You can also obtain a work permit under this category if you have applied for VAWA using Form I-360 and have received a prima facie determination letter stating that your case appears to be legitimate.

(c)(16) Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972). You can obtain a work permit under this category if you have lived continuously in the United States since January 1, 1972 and have filed for your legal permanent residence. This process is referred to as Registry, which is a way to apply for legal permanent residence in the United States if you can show that you have lived in the United States since January 1, 1972. During the application process, you can obtain a work permit under this category.

(c)(17)(i) B-1 Domestic of a Nonimmigrant. You can obtain a work permit under this category if you are a domestic servant of person that has entered on a tourist visa. You must show that you have been employed as a domestic servant of the visa holder for at least one year. Or your employer must show that he or she has regularly employed a domestic servant for at least a year long period.

(c)(17)(ii) B-1 Domestic of a USC. You can obtain a work permit under this category if you are employed as a domestic servant of a U.S. citizen who lives abroad permanently. The U.S. Citizen may enter the United States at any time and can bring his or her domestic servant while visiting temporarily. The relationship between you and the U.S. citizen must have existed prior to your entry into the United States.

(c)(17)(iii) Employee of a Foreign Airline. You can obtain a work permit under this category if you are an employee of a foreign airline, but your nationality is not the same as the nationality of the foreign airline. In such a case, you may still work in the United States and apply for a work permit under this category while you are employed for a foreign airline.

(c)(18) Order of Supervision. You can obtain a work permit under this category if you have a final deportation or removal order and you are released on order of supervision. There are times that the deportation of a person is not feasible immediately because a country refuses to accept a person, or it is impracticable, or is contrary to the public interest. In such cases, a person will can be released on an Order of Supervision, which is a form given the person listed the conditions of the release and supervision. In the meantime, you can obtain a work permit under this category.

(c)(19) Temporary Treatment Benefits. You can obtain a work permit under this category if you have a pending application for Temporary Protected Status. USCIS can issue a work permit under this category while it reviews an initial application for temporary protected status. Once a TPS application is approved, the work permit will be issued under the (a)(12) category described above.

(c)(20) Section 210 Legalization. This work permit was issued to special agricultural workers that had worked at least 90 days in agricultural employment in 1984, 1985, or 1986. This is no longer a common way to obtain a work permit or to renew one.

(c)(21) S Visa Nonimmigrant. You can obtain a work permit under this category if you are a witness or informant who has assisted a law enforcement agency in the United States. The state of federal law enforcement agency must initiate the process for you to obtain an S visa so that you can later obtain a work permit under this category.

(c)(22) Section 245A Legalization (pending I-687). This work permit was issued to applicants that had submitted Form I-687, Application for Status as a Temporary Resident under the 1986 Immigration Reform and Control Act, which ended in 1988. Some people may still apply under this category if they reached a settlement agreement with USCIS, but this type of work permit is very uncommon now.

(c)(24) LIFE Legalization. This work permit is issued to applicants that applied for a green card under the terms of the LIFE Act Amendment, which is a law that allowed some people to file a green card application late because they were discouraged from filing during the initial application period in the 1980's. This is not a common way to obtain a work permit today.

(c)(33) Deferred Action for Childhood Arrivals. You can obtain a work permit under this category if you entered the United States before turning 16 years old, have lived in the United States since June 15, 2007, are currently enrolled in school or graduated from high school, do not have certain criminal convictions, and were under the age of 31 on June 15, 2012. At the moment, initial applications for DACA are not being approved. But if you already met the above criteria and have been granted DACA, you can continue renewing your work permit under this category.

(c)(34) Spouses of Entrepreneur Parolees. You can obtain a work permit under this category if your spouse has been paroled as an entrepreneur. An entrepreneur parolee is a person that has a substantial ownership interest in a start-up entity and plays a central and active role in the business, and who is well-positioned to contribute to the success and growth of the entity. A spouse of a such an entrepreneur can obtain a work permit under this catgegory.

(c)(35) Principal Beneficiary of certain I-140 petitions. You can obtain a work permit under this category if you have an approved I-140 petition submitted on your behalf. If the priority date is not yet current, you may obtain a work permit. You must be in E–3, H–1B, H–1B1, O–1, or L–1 nonimmigrant status. You must also demonstrate compelling circumstances that justify the issuance of a work permit.

(c)(36) Spouse and Child of a Principal Beneficiary of certain I-140 petitions. You can obtain a work permit under this category if you are the spouse or child of a person that has an approved I-140 petition as described above in section (c)(35). You must also be in the United States with a legal status.