Information Center

09/05/2017

How Long is a Work Permit Usually Valid?

Category : U.S.Immigration

How Long is a Work Permit Usually ValidThe Employment Authorization Document, in short EAD, has a validity period and it varies from one person to another. The validity period for the U.S work permit is based on the legal status of the applicant, if the work permit is being renewed or if the applicant is applying for the first time. A work permit can also be obtained while applying for the Adjustment of Status (AOS), in which case the work permit will be valid for 1 year. The USCIS can also increase the validity period of the work permit depending on the applicant.

EAD – Advance Parole card can also be obtained when the applicant files a work permit application along with a travel document application when they file for Adjustment of Status, Form I-485. This enables the applicant to receive a one year benefit for both the applications on one card.

When a person enters the US, under K-1 status, they are considered as a nonimmigrant with a legal entry. The K-1 visa has a validity period of 90 days. This status is obtained after their fiancé has filed a petition for them and the US Department of State (DOS) has approved of the petition. After a legal entry, the person can file for a work permit. The work permit in this case, has a time frame matching with the visa’s validity time, which is 90 days. This work permit validity can be extended if the person marries their fiancé within 90 days and then files the appropriate application for validity extension.

Another type of work permit can be obtained when applying for a Deferred Action for Childhood Arrivals (DACA). If a person has a DACA and applied for work permit, then the permit would be valid for 2 years.

The following categories of applicants are all eligible to apply for work permit in the US. The validity of the work permit however, is given for the length of time that their visa is valid.

  • Refugee

  • Asylee Applicant/Granted Asylum

  • Temporary Protected Status

  • NACARA (Nicaraguan Adjustment and Central American Relief Act)

  • F-1/M-1, Student Visa

  • U-Nonimmigrant Visa, Victims of Criminal Activity

  • T-Nonimmigrant Visa, Victims of Human Trafficking

  • Granted Withholding of deportation/removal | Final order of deportation

  • I-140, Immigrant Petition for An Alien Worker

Important Immigration Forms

U.S. Citizenship Form N-400 Green Card Renewal Form I-90

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