Work Permits in Georgia: Authorization to Work Legally

The Employment Authorization Document (EAD), commonly known as a work permit, allows certain immigrants to work legally in the United States. It is filed using Form I-765 with USCIS and is available for multiple categories under 8 CFR § 274a.12, including adjustment of status applicants, asylees, DACA beneficiaries, TPS holders, VAWA applicants, and U-visa beneficiaries, among many others.

It is critical to file your EAD application under the correct category. Under 8 CFR § 274a.12, the categories are divided into three groups: (a) employment authorized incident to status, (b) categories requiring an EAD application, and (c) discretionary categories. Filing under the wrong category can result in a denial and complicate your immigration situation. Working without authorization is a serious violation under INA § 274A.

For EAD renewals, USCIS implemented an automatic 180-day extension for certain categories when the renewal is filed before the current EAD expires. This extension protects employment continuity while USCIS processes the renewal. However, not all categories qualify. Our attorneys in Norcross advise you on your specific category and file renewals with sufficient lead time.

Steps You Should Take

1

Determine Your EAD Category

Call (770) 609-9396. We identify under which 8 CFR § 274a.12 category you qualify and whether you need to wait for another application to be approved before you can apply for the EAD.

2

File with Sufficient Lead Time

For renewals, we file 150+ days before expiration to ensure employment continuity under the automatic 180-day extension. Do not wait until the last moment.

3

Document Your Eligibility

We gather the necessary documents for your category: USCIS notices, proof of pending application, identity documents, and updated photos.

4

Monitoring and Renewal

We monitor the status of your application, respond to requests for additional evidence (RFE), and notify you when it is time to renew so you never lose your employment authorization.

Frequently Asked Questions

Who can apply for a work permit?
The most common categories include: adjustment of status applicants with pending I-485 (c)(9), asylum applicants after 180 days (c)(8), DACA beneficiaries (c)(33), TPS holders (a)(12), VAWA applicants with pending I-360 (c)(31), and U-visa beneficiaries on the waiting list (c)(14). We evaluate which category applies to your case.
How long does the EAD process take?
Processing times vary from 3 to 7 months depending on the service center and category. For asylum applicants, the EAD must be issued within 30 days under certain conditions. The automatic 180-day extension covers the gap for eligible renewals.
What is the automatic 180-day extension?
If you file your EAD renewal before the current one expires and your category qualifies, your employment authorization is automatically extended for 180 days. Your employer can verify the extension with the renewal receipt notice combined with your current EAD.
Can I work while waiting for my EAD?
No, unless you have employment authorization incident to status (category (a)), such as permanent residents or approved asylees. If your EAD application is pending and you have no other authorization, you must wait for approval before working.
Does unauthorized work affect future applications?
Yes. Unauthorized employment can affect naturalization applications (good moral character), adjustment of status, and can create grounds of inadmissibility. Do not work without authorization. Consult with an attorney first about your options.

Applicable Laws

8 CFR § 274a.12Complete categories of individuals eligible for employment authorization in the United States.
INA § 274A / 8 USC § 1324aProhibition on unauthorized employment: unlawful for both employers and immigrants.
8 CFR § 208.7Employment authorization for asylum applicants after a 180-day waiting period.

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Norcross, GA 30093

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