One of the most common questions I receive from prospective clients is also one of the simplest:
“How do I apply for a work permit?”
The question is understandable. After all, the Employment Authorization Document (EAD) is sometimes referred to as a “work permit,” which naturally leads people to assume it is a standalone immigration benefit that anyone can apply for.
The answer, however, often comes as a surprise.
Contrary to what many people believe, there is no immigration benefit that simply allows someone to apply for permission to work in the United States because they would like to work here.
Instead, U.S. immigration law first asks a different question:
What is your immigration status, or what immigration benefit do you qualify for?
Only after that question is answered can we determine whether the individual is authorized to work.
Three Ways Someone May Be Authorized to Work
There are three broad ways a person may become authorized to work in the United States.
First, lawful permanent residents (commonly known as green card holders) are authorized to work by virtue of their permanent resident status. They do not need to apply for an Employment Authorization Document because their green card itself serves as evidence of their unrestricted authorization to work.
Second, certain temporary nonimmigrant classifications authorize employment as part of the immigration status itself. Examples include H-1B specialty occupation workers, L-1 intracompany transferees, O-1 individuals of extraordinary ability, and TN professionals under the United States-Mexico-Canada Agreement. These individuals generally do not receive an EAD because their authorization to work comes directly from their immigration status and is often limited to a particular employer. Other nonimmigrant classifications also permit employment under specified circumstances, but in each case the authority to work derives from the immigration classification itself rather than from an Employment Authorization Document.
Third, some individuals become eligible for an Employment Authorization Document (EAD). The EAD serves as evidence that they are authorized to work because they qualify under another provision of the immigration laws. Common examples include applicants for adjustment of status, certain asylum applicants and asylees, recipients of Temporary Protected Status (TPS), and F-1 students participating in Optional Practical Training (OPT).
The important point is this:
The EAD is evidence of employment authorization—it is not the reason someone has employment authorization.
A Conversation I Had This Week
I recently spoke with someone whose serious girlfriend lives in the United Kingdom. He wanted to know whether she could simply obtain a work permit so she could move to the United States and begin working while they decided on their long-term plans.
Unfortunately, immigration law does not provide such an option.
Because she did not have an immigration status or another legal basis that would authorize employment, there was no application she could simply file for an EAD. During our conversation, he also asked whether she could simply obtain a Social Security number so she could work in the United States. The answer was the same. A Social Security number generally follows employment authorization—it does not create it.
As we discussed the available options, it became apparent that if they wished to build a life together in the United States, marriage might ultimately provide the most practical immigration path. That is not because marriage “gets you a work permit.” Rather, marriage to a U.S. citizen may provide the legal basis for applying for permanent residence, and while the green card application is pending, the foreign national may become eligible to apply for an Employment Authorization Document.
The Right Question to Ask
Perhaps the most common misconception I encounter is that there must be a government office where someone can simply “apply for a work permit.”
There isn’t.
Under U.S. immigration law, employment authorization is always tied to an underlying immigration status or immigration benefit.
So, the right question is not:
“How do I get a work permit?”
The right question is:
“What immigration category, if any, allows me to work in the United States?”
That distinction is often the first step toward identifying realistic immigration options. If you are considering working, studying, investing, or joining family members in the United States, understanding your available immigration pathways is far more important than simply asking how to obtain an EAD.
The terminology can sometimes be confusing, but the principle is straightforward: the law first determines whether you are authorized to work. Only then does it determine how that authorization is documented.
If you are considering living or working in the United States and are unsure what options may be available, an experienced immigration attorney can help identify the immigration category that best fits your circumstances and guide you through the process.