Work permits grant certain noncitizens permission to work in the U.S. while their immigration cases are pending. Working with a work permit lawyer in Tennessee means gaining guidance that helps you understand your options, prepare your application, and avoid delays and mistakes that could put your ability to work at risk.
At Nación del Inmigrante, we understand that not having permission to work can make getting by much harder than it has to be. Many of our clients come to us while they are applying for asylum, pursuing family-based immigration, requesting humanitarian visas, or responding to removal proceedings. Our firm focuses on helping individuals submit carefully prepared, clear applications. We explain your options to help you make informed decisions.
What Is a Work Permit (EAD)?
Certain noncitizens who live in the U.S. can get a special document known as an Employment Authorization Document (EAD), which permits them to work. EADs or work permits are the cards that show you have permission to accept employment in the U.S.
A valid EAD lets you:
- Complete employment forms (Form I-9),
- Receive wages legally, and
- Apply for a Social Security number (if you do not already have one).
Many people confuse EADs with work visas or employment-based immigrant visas; however, they are distinct. Noncitizens who come to the U.S. on temporary work visas cannot remain in the U.S. if they lose their visas. Employment-based immigrant visas, also known as green cards, are typically sponsored by an employer.
You get an EAD alongside temporary but potentially renewable statuses, such as Temporary Protected Status (TPS), or while your applications for other immigration statuses, like asylum or a green card, are pending. A Tennessee work visa lawyer can help explain whether your situation requires a visa, a work permit (EAD), or both, and which option actually applies to your situation under immigration law.
Who Can Qualify for an EAD?
You need an EAD if you have a temporary or renewable status that does not automatically include work authorization, or if you are in the process of changing from one immigration status to another.
Noncitizens who need EADs to be authorized to work typically include:
- Asylum seekers with pending applications;
- S Visa, U visa, and T visa applicants;
- Deferred Action for Childhood Arrivals (DACA) recipients; and
- TPS recipients.
Noncitizens who may get an EAD during the process of transitioning to a green card typically include those who:
- Have been granted asylum,
- Have received a U or T visa,
- Qualify for a green card but apply without assistance from an abusive would-be family-based sponsor (Violence Against Women Act (VAWA) self-petitioners), and
- Live in the U.S. while their adjustment of status (green card) application is pending.
A work permit lawyer can help you understand whether you need an EAD based on your immigration status.
How Do You Apply for an EAD?
A work permit attorney in Tennessee can guide you through each step of the application process. The process centers around the Application for Employment Authorization (Form I-765).
Submit Form I-765
To apply for a work permit, you submit an Application for Employment Authorization to the United States Citizenship and Immigration Services (USCIS). On the form, you provide information about:
- Your name and personal history,
- Immigration history, and
- The immigration status you have that makes you eligible for an EAD.
The form distinguishes between different underlying immigration statuses using several categories. USCIS’s form instructions provide more detailed explanations about the categories.
Along with your application, you must include supporting documents, such as:
- Documents that verify you are who you claim to be (government-issued photo IDs),
- A government-issued document that lists your name and identifies the underlying status that allows you to apply for an EAD, and
- Copies of prior work permits (if you are renewing).
Many applicants are also required to submit a filing fee along with their employment authorization application and supporting documents. Whether you have to pay depends on the underlying status that authorizes you to apply for an EAD. USCIS publishes a fee chart that lists the categories for which fees are required or waived.
Attend Biometrics (If Required)
Depending on your underlying eligibility category, you may need to attend a biometrics appointment. At that appointment, USCIS collects your fingerprints and photo.
Track Your Case and Respond to USCIS Notices
After you submit your application, USCIS begins to process it. During that time, it may send updates about your case, request additional information using notices such as Requests for More Evidence (RFEs), or other notices.
What Else Should You Know About Work Permits?
Noncitizens with EADs always have some underlying status that they need to coordinate. Many applicants wonder about interrelated topics, such as how renewal and travel work. A Tennessee work permit lawyer can guide you through these everyday concerns and help you avoid misinformation or scams from unlicensed document preparers.
Automatic Extensions
Some categories allow automatic extensions when you file your renewal before the current card expires. These extensions allow you to continue working while USCIS reviews your application. You can use your expired card, along with the receipt notice you receive from USCIS after submitting your renewal, to prove your card is still valid in that circumstance.
Travel While an EAD Is Pending
An EAD does not grant permission to travel outside the U.S. If you want to leave the U.S., your underlying status must authorize you to do so. If not, you may need to apply for travel documents, such as an advance parole, before going abroad.
Renewal Timing
You must regularly renew EADs, but USCIS sets a very specific timing window. You can apply for renewal up to 180 days before your current EAD expires. If you submit it more than 180 days before it expires, USCIS may send it back or wait to begin processing until the 180-day mark.
Frequently Asked Questions
Who Is Eligible to Apply for a Work Permit (EAD) in the U.S.?
You may be eligible to apply for an EAD during the asylum, TPS, DACA, family-based application, humanitarian, or pending green card application processes.
How Long Does It Take to Receive a Work Permit After Applying?
Processing times vary based on your category and USCIS workload. Some applications receive decisions in a few months, while others take longer.
Can I Renew My Work Permit If It Is About to Expire?
Yes, most categories allow renewal. Filing early helps you avoid gaps in work authorization, but many EADs automatically extend if you file before your current card expires.
Do I Need a Lawyer to File for My Work Permit?
You do not need a lawyer, but many people benefit from legal guidance. A Tennessee work permit attorney can help you prepare your application and help you anticipate and avoid potential delays.
Can I Get a Driver’s License in Tennessee with a Valid Work Permit?
Yes, a valid work permit serves as proof that you are lawfully present in the U.S. So, you can use your EAD to help you get a driver’s license.
How Nación del Inmigrante Can Help
At Nación del Inmigrante, we guide people across Tennessee through the work permit process with accurate legal guidance and careful attention to detail. We represent clients applying for asylum, filing family-based petitions, seeking humanitarian protection, and facing removal proceedings. We know how important work authorization is for your safety and stability. When you work with us, our team listens to your story, explains your options, and guides you through the application process step by step.
If you are a noncitizen seeking work authorization, reach out to speak with a work permit lawyer in Tennessee. We can help you make informed choices as you move forward.