How to get a work permit in the USA in 2026?
In this Blog, we’ll talk about how to obtain a work permit. If you’re interested in immigration to the U.S., make sure to subscribe to this channel and like all my videos.
The majority of applicants eligible to obtain a work permit can generally be divided into two categories:
1️⃣ Those who have applied for asylum
2️⃣ Those who are applying for a change of status (Adjustment of Status)
The second category includes people applying under EB-1 or EB-2 visa categories. These individuals are eligible to file Form I-485 (Application to Register Permanent Residence or Adjust Status) while in the U.S. Based on that, they also become eligible to request:
- Advance Parole (for travel outside the U.S.)
- Employment Authorization Document (EAD) (work permit)
Those applying for asylum can also be broken down into two groups:
- People who entered the U.S. with a visa — they apply for affirmative asylum by submitting Form I-589 to USCIS (U.S. Citizenship and Immigration Services).
- People who crossed the border without a visa — for example, via Mexico. These individuals are typically placed into removal proceedings (deportation court) right after entry.
There was a period when some who crossed via Mexico weren’t immediately placed in court proceedings — meaning their A-number (alien number) wasn’t showing up in the court system. During that time, they submitted their asylum applications to USCIS.
However, USCIS has recently announced that people entering via Mexico can no longer submit asylum applications online, because such cases must go through the court system.
This creates a problem: if the date your asylum case is accepted and the clock for your work permit eligibility don't align, you may experience delays in receiving your work permit.
If you entered the U.S. with a visa and submitted Form I-589 properly, there shouldn’t be any issues. USCIS generally issues work permits within about 6 months, as promised.
For those applying for a change of status, for example by filing Form I-485, the situation is different.
USCIS is not legally bound by any deadline when it comes to processing work permits in these cases.
You can check USCIS’s website to see estimated processing times for forms like:
- Form I-765 (Work Authorization)
- Form I-131 (Advance Parole)
Different service centers show different processing times, but it’s important to know:
Just because it says Vermont processes in 8 months doesn’t mean they’re obligated to give you a decision within that time.
USCIS can change those estimates 100 times a day, and they’re not legally obligated to follow them.
There is no law that says they must issue a work permit to a certain category of applicants within a specific time frame.
Let’s say you’re filing:
- Form I-140 (employment-based petition) or
- Form I-130 (family-based petition)
along with Form I-485, and you’re also requesting a work permit and Advance Parole — these are considered secondary benefits.
This means USCIS can choose to issue them or not — and no one can force them to do so.
Yes, some might argue: “You can sue USCIS”.
Technically, yes — but only after 2 years from the date you filed your petition.
By that point, USCIS might have already made a decision on your green card case (approved or denied), so your lawsuit becomes pointless.
In many cases, especially with family-based petitions, applicants never receive their work permit or travel document — they go straight from petition to receiving their Green Card.
Thankfully, this wait time is often not too long — about 9 to 12 months, which is fairly reasonable.
But it still means that they never see their work permit or Advance Parole, because they skip directly to getting permanent residency.
Final Thoughts:
The processing time for work permits in EB-1 and EB-2 categories is not bad overall. You can expect to receive it in about 6 months.
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