Lugo Law LLC

Milwaukee, Waukesha, Racine, Kenosha, and Sheboygan counties · Chicago Immigration Court

Work permit (EAD)

A work permit is not a status: it is a document that goes with an application or a status you already have. Requesting it without the right basis gets denied, and renewing it late leaves a person unable to work. Attorney Javier Irizarry Lugo identifies the right category and calendars the renewal.

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Who can request it

  • People with a pending adjustment of status application; asylum applicants (the request can be filed 150 days after filing for asylum, and the permit is not issued before 180 days, not counting delays caused by the applicant); people with TPS, DACA, an approved or wait-listed U visa, an approved VAWA self-petition, asylum or refugee status granted, among other categories.
  • Each category has its code on Form I-765 and its own evidence. The wrong code produces a denial.
  • Since October 30, 2025, renewals no longer receive the automatic extension that existed before, except TPS-based ones and those extended by law or an official notice. On October 14, 2026 the government made that rule final. If the permit expires before the decision, the person cannot legally work in the meantime.
  • Government fees for several categories changed in 2025 and 2026. The attorney confirms the current amount at filing.
  • The permit has an expiration date and the employer may require seeing the renewal; a request filed months in advance avoids the interruption.

What the attorney does

  • Confirms you have a legal basis for the permit and chooses the right category.
  • Prepares the application with the category's evidence, the correct payment and photos, and files it at the right center.
  • Calendars the renewal with enough lead time and reminds you.
  • If it is denied or delayed beyond normal, makes the inquiry to USCIS and checks whether there is an error to correct.

What to bring to the consultation

  • Receipt or notice of the application or status that supports the permit (asylum, adjustment, TPS, DACA, U visa, VAWA).
  • Prior work permits.
  • Passport and any photo ID.
  • Two recent passport-style photos (available at the post office or a pharmacy).
  • Social Security number, if you have one.

Common questions

I applied for asylum two months ago. Can I request the permit now?

Not yet. You can file the request 150 days after filing a complete asylum application, and USCIS does not issue it before 180 days. Delays you cause (for example, asking to reschedule an appointment) stop that clock.

My permit expired and the renewal is pending. Can I keep working?

For most categories, since October 30, 2025, no: the automatic extension ended. The exceptions are TPS and cases extended by an official notice. Check your category with the attorney before continuing to work.

Does a work permit give me status?

No. It is a document that depends on the application or status you have. If that basis ends, the permit stops being valid.

Can I request a work permit just because I have years here?

No. You need a legal category that allows it. The attorney reviews whether you qualify for any application that carries the right to a permit.

How long does it take?

It varies by category and USCIS center, from weeks to many months. USCIS publishes its times; the attorney reviews them with you at filing.

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