How Long Can I Stay in the U.S. with a Work Visa?

An Employment Authorization Document (EAD), also called a “work permit” or “work visa,” is a document issued by USCIS allowing a person from outside of the United States to legally work within the country for a certain period of time. Typically, EADs are valid for one year, but the length of time the visa is good for depends on current immigration status. Of course, a person will not be granted a work visa lasting longer than their permitted stay in the United States. However, some applicants may be able to renew their work permits if their stay is extended.

Not every immigrant can apply for a work permit; only those who have a separate visa or immigration status will be allowed to work in the United States.

The following people may apply for an EAD (this is not a complete list):

  • Refugees and people granted asylum
  • VAWA self-petitioners
  • Applicants for adjustment status with a pending I-485
  • J-2 spouses or minor children
  • F-1 students (with limitations)
  • People granted temporary protective status of deferred enforced departure
  • K-1 nonimmigrant fiancé(e) of a U.S. citizen or K-4 children
  • M-1 students seeking practical training after completing their studies
  • Holders of L-2, T-1, T-2, T-3, T-4, or U-1, U-2, U-3, U-4, U-5, V-1, V-2, or V-3 visas.

To apply for a work permit, you must complete USCIS Form I-765 and provide the necessary documents. Once you have received your permit, it is extremely important that you pay close attention to the expiration date in order to avoid losing your job, being arrested, and facing deportation. If you have questions about applying for a work visa, renewing a work visa, or other immigration matters, Pozo Goldstein, LLP would be happy to assist you. Contact us to schedule a free in-office consultation.

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