Obtaining a work permit (Employment Authorization Document or EAD) in the United States is an essential step for immigrants who wish to legally work in the country. Many applicants often wonder, how long does it take to get work permit? The process involves several steps, including submitting an application and going through a biometrics appointment. This article will explore the process in detail, explain the eligibility criteria, and provide insights into related topics such as how long after biometrics to get work permit and how to renew a work permit.
What is a Work Permit in the U.S.?
A work permit is a legal document that allows foreign nationals to work in the United States. It is not the same as a work visa. A work permit, or EAD, grants individuals the right to work for any employer in the U.S., while a visa is often tied to a specific employer or job. Many immigrants seek work permits as part of their broader immigration process. The question that arises most often is, how long does it take to get work permit?
Who is Eligible for a Work Permit?
The eligibility for a work permit depends on your immigration status and personal situation. Some of the most common categories of people who may qualify for a work permit in the U.S. include:
- DACA (Deferred Action for Childhood Arrivals) recipients
- Individuals with asylum or refugee status
- Spouses of U.S. citizens or lawful permanent residents in the process of applying for a green card
- Temporary Protected Status (TPS) holders
Each group has its own set of requirements, but the process generally starts with filing Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS). When applying, many applicants ask, how long does it take to get work permit once the paperwork is submitted?
How Long Does It Take to Get Work Permit?
The processing time for obtaining a work permit can vary based on several factors, including the applicant’s location, the volume of applications at the time, and the complexity of the case. On average, the process can take anywhere from 3 to 7 months. So, how long does it take to get work permit really depends on these factors.
However, many people are curious about the specific timeline after certain milestones in the application process, such as biometrics.
How Long After Biometrics to Get Work Permit?
After completing the biometrics appointment, where USCIS collects fingerprints, photographs, and signatures, the waiting period for a decision on your work permit application can vary. Typically, it takes about 4 to 12 weeks after the biometrics appointment to receive the work permit. However, this is not a guaranteed timeline and may vary based on the current workload at USCIS.
During this waiting period, applicants can track their case status through the USCIS online portal by entering their receipt number. It’s important to stay patient, as processing times can fluctuate. Again, how long does it take to get work permit largely depends on the complexity of your case and the USCIS backlog.
How Can an Immigrant Get a U.S. Work Permit?
Getting a work permit in the U.S. typically follows these steps:
- Determine Eligibility: ensure you qualify under one of the eligible categories mentioned earlier (asylum seeker, DACA recipient, spouse of a U.S. citizen, etc.).
- Submit Form I-765: complete and file Form I-765, Application for Employment Authorization. Make sure to include all required documentation, such as proof of your current immigration status, photos, and any applicable fees.
- Attend Biometrics Appointment: once your application is accepted, you will be scheduled for a biometrics appointment at a USCIS Application Support Center (ASC). This step is crucial for verifying your identity and background.
- Wait for Processing: after your biometrics appointment, USCIS will continue processing your application. As mentioned, how long after biometrics to get work permit can vary, but the typical wait is 4 to 12 weeks.
- Receive Your Work Permit: once your application is approved, you will receive your work permit in the mail, allowing you to legally work in the U.S. At this point, the question how long does it take to get work permit is fully answered by the timeframe outlined above.
How to Renew Work Permit?
A work permit is usually valid for one or two years, depending on your immigration status. It’s important to apply for renewal before your current work permit expires to avoid any gaps in employment authorization. Here’s how you can renew a work permit:
- Check Expiration Date: begin the renewal process at least 6 months before your work permit expires.
- Submit Form I-765 for Renewal: just like the initial application, you will need to file Form I-765 again, but this time for renewal. Be sure to include documentation showing your continued eligibility and pay any required fees.
- Wait for Approval: after submitting the renewal application, it typically takes 90 to 120 days to receive the new work permit. In some cases, USCIS may issue a receipt notice that automatically extends your current work permit for a short period, allowing you to continue working while your renewal is processed.
For those wondering how long does it take to get work permit renewed, the process can take a few months, so it’s vital to plan and apply early.
How are Work Permits and Work Visas Different?
While both a work permit and a work visa allow immigrants to work in the U.S., they differ in significant ways:
- Work Visa: a work visa, such as an H-1B or L-1 visa, is tied to a specific employer. If you lose your job or change employers, you may need to obtain a new visa or have your existing visa transferred. Work visas are typically sponsored by the employer.
- Work Permit (EAD): a work permit is not tied to a specific employer. It allows the holder to work for any U.S. employer and is not job-specific. This provides more flexibility, especially for immigrants who may not have an employer sponsor.
How Long Does It Take to Get a Work Permit Compared to a Work Visa?
When considering how long does it take to get work permit, the processing time is often shorter than the time it takes to obtain a work visa. Work visas usually involve employer sponsorship and can take several months or even years, depending on the type of visa and the applicant’s country of origin. In contrast, a work permit generally takes 3 to 7 months to process, making it a faster option for individuals already in the U.S. on a valid immigration status.
Why Is It Important to Hire a Lawyer?
Navigating the complexities of immigration law, including the process of obtaining a work permit, can be challenging. While many people attempt to handle the application themselves, hiring a qualified immigration lawyer can significantly improve your chances of success. A lawyer can help you avoid common mistakes, ensure that your paperwork is complete and accurate, and provide guidance tailored to your unique situation. They are also equipped to handle unexpected issues that may arise during the process, saving you time and stress.
At our firm, we specialize in immigration law and have helped countless clients successfully obtain their work permits and navigate other immigration-related processes. Our experienced team is dedicated to providing you with personalized, expert advice every step of the way. Contact us today to schedule a consultation and get started on your journey to legal employment in the U.S.