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Foreigners who want to settle in the United States with a work permit have several options to do so, either through the Permanent Resident Card (Green Card, known as Form I-551) or other avenues.

Among the options that can be processed with the United States Citizenship and Immigration Services (USCIS) to be able to work legally in the United States is Form I-765, known as the Application for Employment Authorization, through which the Employment Authorization Document (EAD) is obtained.

Form I-765: Who can apply?

The United States establishes several eligibility categories. The most common are:

  • Refugees and certain family members.
  • Asylum applicants or beneficiaries.
  • People with Temporary Protected Status (TPS) if their country’s designation is current.
  • People with temporary permission to stay whose category allows them to request work authorization (Parole).
  • Applicants for adjustment of status to obtain permanent residence.
  • Some F-1 students.
  • Certain spouses of H-1B visa holders.
  • People with applications or status linked to T and U visas, VAWA, or other humanitarian programs.
  • DACA recipients who meet the current requirements.
  • Certain beneficiaries of employment-based residence petitions who face urgent circumstances.

To apply, you must indicate an eligibility code that can be checked on the official USCIS website. Form I-765 cannot be used if there is no prior immigration basis.

The United States allows legal stay with a work permit: How do you get Form I-765?

To obtain the Employment Authorization Document, the following steps must be followed:

  1. Complete the form, either online or on paper.
  2. Attach documents that prove identity and immigration status, such as photographs.
  3. Pay the applicable fee or request a waiver if the category allows it.
  4. Submit the application to the corresponding address or through the USCIS website.
  5. Attend a biometrics appointment if USCIS requires it.
  6. Wait for the decisionIf the application is approved, USCIS issues the EAD.

What other ways are there to obtain a work permit?

Form I-765 is not necessary in all cases, you can also opt for:

  • Temporary visa tied to an employer such as H-1B, H-2A, H-2B, L-1, O-1, P and R.
  • Authorization derived from status for people whose immigration classification already allows it.
  • Permanent residence: the green card proves work authorization without needing to process an EAD.
  • Employment-based residence for those applying under categories such as EB-1, EB-2, and EB-3.
  • Programs for F-1 students: they are allowed to access on-campus employment or curricular practical training.
  • Humanitarian visas such as asylum, refuge, TPS, DACA, T and U visas and other protections.