How to get a work permit in California

In California, as in the rest of the United States, individuals who are not U.S. citizens or lawful permanent residents typically need work authorization to work legally. For this, they need an Employment Authorization Document (EAD), also known as a work permit, which is issued by the United States Citizenship and Immigration Services (USCIS) and serves as proof that the holder is authorized to work in the state, regardless of their citizenship or national origin. An immigrant can obtain a work permit through various channels, such as asylum, refugee status, certain nonimmigrant visas, pending adjustment of status, or other specific circumstances outlined by U.S. immigration laws. Individuals who are lawful permanent residents (green card holders), and some nonimmigrant visa holders with employment-authorized visas are exempt from needing an EAD and they can use their Permanent Resident Card.

The EAD or work permit allows individuals who are already present in the United States to legally work for a specific period — typically ranging from one to two years — and it needs to be renewed to maintain continuous work authorization. California employers are mandated to verify the authenticity of an employee’s EAD as part of the employment eligibility verification process, ensuring compliance with immigration laws and facilitating legal employment for authorized individuals.

In order to obtain an EAD, an individual has to submit Form I-765 to the USCIS, who will then determine if they’re allowed to work in the United States. There is no considerable difference between applying for a work permit in California and doing it from another state.

How to get a work permit in the U.S. being an immigrant?

The individual first need to determine if they are eligible to apply for a work permit. This can depend on several factors such as their immigration status, pending immigration applications or petitions, humanitarian parole, asylum or refugee status, and others.

Those eligible must complete and submit Form I-765, Application for Employment Authorization, to the United States Citizenship and Immigration Services (USCIS), with their personal information, details about their immigration status and reasons for seeking employment authorization.

Depending on their status, applicants typically need to submit Form I-765 along with supporting documents to prove their eligibility, which could be copies of immigration documents, identity documents, and other types of evidence. Applicants are also required to pay a filing fee (unless they qualify for a fee waiver). Applicants can send their form and documents either by mail or electronically, depending on the instructions provided by USCIS based on their status. Current fees can be found on the USCIS website.

The individual will then receive a Notice of Receipt and will be scheduled for a biometrics appointment at an Application Support Center (ASC), where fingerprints, photographs and signatures are taken for identity verification purposes.

When the application is approved, USCIS will issue the Employment Authorization Document, which will serve as official documentation allowing the immigrant to work legally in the United States.

How long does it take?

Processing times can vary depending on several factors such as the individual’s case, the USCIS workload and the applications volume. Applicants can check the USCIS website for current estimates. After approval, the EAD card should be delivered within one to two weeks, and it would be mailed via U.S. Postal Service (USPS) Priority Mail.

Renewal

Work permits have expiration dates. If the immigrant needs to continue working in the United States, they must file a renewal application with USCIS in advance to the expiration date to avoid interruptions in employment authorization.

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