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Work Permit and EAD in Florida (Form I-765)

Get authorized to work, renew before the card lapses, and keep your job while USCIS decides. YO PELEO™ POR TI from the category code to the card in your hand.

A work permit is not a work visa

  • A work visa (H-1B, L-1) gives you immigration status and ties you to one sponsoring employer. That is a different case, covered on our work visa page.
  • A work permit (EAD) comes from some other case or status you already have, such as a pending green card or asylum application, and generally lets you work for any employer.
  • You must fit a category. Needing a job is not a category. The code you claim decides your fee, your renewal rights, and how long the card lasts.

Work authorization is one piece of our Florida immigration law practice. Most work permits ride on another case, so see also green cards, asylum, TPS, and DACA.

What is an EAD, and is it the same as a work visa?

An EAD is an Employment Authorization Document, the physical card that proves you may legally work in the United States. It is not a visa and it is not immigration status. A work visa such as H-1B or L-1 gives you status and ties you to one sponsoring employer. An EAD works differently: it comes from some other pending case or status you already hold, and it generally lets you work for any employer. You apply for one by filing Form I-765 with USCIS.

Who qualifies for a work permit?

Eligibility runs by category, not by need, and you must fit one of the categories USCIS lists on Form I-765. The common ones in Florida are a pending green card application under category (c)(9), a pending asylum application under (c)(8), Temporary Protected Status, DACA, F-1 student practical training, certain spouses of visa holders such as H-4 and L-2, and VAWA and U visa filings. Wanting to work, or having a job offer, is not by itself a category. The code you claim also drives the fee and the evidence you must send, so identifying it correctly is the first real decision in the case.

How much does a work permit cost?

It depends on the category and on how you file. Under the fee schedule in effect since 2024, a standalone Form I-765 costs $470 filed online and $520 filed on paper. When it is filed together with a pending Form I-485 green card application, the fee is reduced to $260. Applicants with a pending asylum case under category (c)(8) pay no filing fee at all. Some other categories are also fee-exempt, and Form I-912 requests a waiver based on documented financial hardship. Confirm your own category on uscis.gov before paying, because sending the wrong fee gets the whole package rejected.

How long does it take to get a work permit?

Processing varies widely by category and by which USCIS office handles the file, and it has swung a great deal in recent years. Asylum applicants face a separate statutory wait on top of processing: the application generally cannot be filed until the asylum case has been pending 150 days, and the EAD cannot be granted before day 180. Check the current figure for your specific category at egov.uscis.gov/processing-times rather than relying on any published estimate, including this one.

When should I renew my EAD, and can I keep working while it is pending?

File the renewal as early as USCIS allows for your category, which is commonly up to 180 days before the card expires. For eligible categories, a timely-filed renewal triggers an automatic extension of your existing work authorization so you do not lose your job while USCIS decides. The length of that automatic extension has changed more than once in recent years, so do not rely on a number you read somewhere: your Form I-797C receipt notice states the extension, and that notice paired with the expired card is what you show your employer for Form I-9.

Common work permit categories

These are the categories we see most often in Florida. The full list is on Form I-765 itself, and the code you claim must match the case you actually have.

Common USCIS Form I-765 eligibility category codes and what they cover
CategoryWho it covers
(c)(9)Pending green card application (Form I-485 adjustment of status)
(c)(8)Pending asylum application, subject to the 150 and 180 day waiting rules
(a)(12) / (c)(19)Temporary Protected Status, granted or pending
(c)(33)DACA, deferred action for childhood arrivals
(c)(3)F-1 students on optional or curricular practical training
(c)(26) / (a)(18)Certain spouses of H-1B and L-1 visa holders
(c)(31) / (a)(19)VAWA self-petitioners and U visa related filings
(a)(5) / (a)(10)Granted asylees and people granted withholding of removal

Work permit fees

Government filing fees paid to USCIS, not attorney fees. They reflect the 2024 USCIS fee schedule and they do change.

USCIS filing fees for Form I-765 employment authorization, as of the 2024 fee schedule
FilingWhat it coversUSCIS fee
Form I-765 filed online (standalone)Most categories, filed by itself through a USCIS account$470
Form I-765 filed on paper (standalone)Same application, submitted by mail$520
Form I-765 filed with Form I-485Work permit requested alongside a green card application$260
Pending asylum applicants, category (c)(8)Work permit based on a pending asylum caseNo fee
Form I-912 fee waiverRequest to waive the fee based on documented financial hardshipNo fee

Confirm the fee for your own category on uscis.gov before you pay. Fees differ by category, and a package sent with the wrong amount comes back unfiled. Attorney fees are quoted separately after we review your case.

When a work permit case needs a lawyer

Many I-765 filings are straightforward. These are the facts that change that:

  • ✓ You have worked in the United States without authorization
  • ✓ You are not certain which category you fall under, or two might apply
  • ✓ Your renewal was filed late and the card has already expired
  • ✓ Your employer is questioning the automatic extension on your receipt notice
  • ✓ A previous I-765 was denied, or came back with a Request for Evidence
  • ✓ The case your work permit depends on is itself at risk of denial

Work permit FAQs

Can I work while my green card application is pending?

Not on the strength of the pending I-485 alone. You need the work permit itself, which is why most adjustment applicants file Form I-765 at the same time as Form I-485. Filed that way the fee is reduced, and USCIS can issue a combined card that serves as both the EAD and advance parole travel permission. Until that card is in your hand, working is not authorized.

What happens if I work without authorization?

It is a serious problem and not only an employment issue. Unauthorized work can make you ineligible to adjust status inside the United States, and depending on your history it can trigger bars that require a waiver to overcome. If you have already worked without authorization, say so during your consultation rather than leaving it to the form. There are categories, including immediate relatives of U.S. citizens, where the law forgives it, but that determination needs to be made before you file, not after.

Do I get a Social Security number with my work permit?

You can request one on the same form. Form I-765 includes questions that let you ask USCIS to send your information to the Social Security Administration so a card is issued without a separate trip to an SSA office. Answer those questions when you file, because doing it afterward means starting a separate process with SSA.

My EAD shows a category code. Why does it matter?

The category code is the legal basis for your permission to work, and it controls almost everything downstream: the fee you owe, whether you qualify for an automatic extension on renewal, how long the card is valid, and what happens to your work permission if the underlying case is denied. An EAD tied to a pending asylum case behaves very differently from one tied to TPS or to a pending green card. When people are surprised that their work permission disappeared, the category is usually the reason.

Have a question that is not here? Ask during a free consultation.

William J. Vásquez

William J. Vásquez

Founding Attorney · Vasquez Law Firm

U.S. Air Force veteran and immigration attorney with years of hands-on U.S. immigration experience. J.D., NCCU School of Law. AILA member. Admitted to the 4th, 5th, and 11th Circuit Courts.

Available 24/7 - Free Evaluations

Reviewed for legal accuracy by William J. Vásquez

Licensed in North Carolina; U.S. immigration is federal practice.

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