For an immigrant trying to legalize their status in the United States, facing deportation is one of the most difficult and emotionally exhausting experiences. Being placed in removal proceedings means that the U.S. government has initiated a legal case to expel you from the country—a situation that brings not only legal stress, but also emotional uncertainty and fear about the future.

Among the many challenges immigrants face, one of the most devastating is the inability to work legally. Without a valid work permit, you're left vulnerable—forced to accept underpaid, informal jobs with no labor protections. This lack of stability only deepens the financial and emotional hardship, often impacting not just you, but also your family and loved ones.

But there is hope. If you are applying for asylum—or are considering doing so—there are legal pathways that may allow you to work while your case is pending. This guide was created to help you understand the critical connection between asylum, work authorization, and removal defense, and how you can use this connection to start building a safer, more stable life—even while facing deportation.

Why Is a Work Permit So Essential for Every Immigrant?

When someone comes to the United States in search of a better life, the ability to work legally should not be just a long-term goal—it should be a top priority. A work permit, officially known as an Employment Authorization Document (EAD), opens the door to stability, security, and the dignity that every immigrant deserves.

With this permit, an individual gains the legal right to seek employment in the U.S., including jobs that offer labor protections, health benefits, and financial support. These not only strengthen the immigrant’s emotional and mental well-being, but also contribute to building a more stable immigration case.

Some of the key benefits of having a work permit include:

• Access to better, more stable jobs, with fair working conditions, health insurance, and retirement plans. Without legal work authorization, immigrants are often vulnerable to labor exploitation and harsh environments.
• The ability to obtain a Social Security Number (SSN), which is required to work formally, pay taxes, and build a personal record of good moral character—an important asset when applying for future immigration benefits.
• In states like Virginia, a work permit allows immigrants to apply for a driver’s license, improving daily mobility and personal independence. A work permit lawyer in Virginia can help you understand if you qualify and guide you through the application process.
• Protection under U.S. labor laws, such as the right to minimum wage, overtime pay, and safe workplace conditions.
• Access to financial services, including opening bank accounts, applying for credit, and establishing a path to financial independence.

A work permit is critical for immigrants because it allows them to live and work with dignity, engage in society through legal employment, and contribute economically through taxes and local spending. It provides access to essential benefits and protections, helps formalize their presence in the country, and empowers them to play an active role in the economic and social development of their new home.

Can Undocumented Immigrants Get a Work Permit in the U.S.?

One of the most common questions among people living without legal status in the U.S. is:

“Can I get a work permit if I’m undocumented?”

Surprisingly, the answer is yes. While simply being in the U.S. is not enough to qualify, there are several legal pathways that allow undocumented immigrants to apply for a work permit—officially known as an Employment Authorization Document (EAD)—as long as they are connected to a valid immigration process or pending application.

Common Paths That May Qualify Undocumented Immigrants for a Work Permit

• Asylum

If you’re applying for asylum due to fear of persecution in your home country, you may qualify for an asylum work permit after 150 days from submitting Form I-589, as long as no final decision has been made.

The connection between asylum and work permit eligibility is strong, making this one of the most common paths to legal employment for undocumented immigrants.

• Temporary Protected Status (TPS)

TPS is granted to individuals from certain countries experiencing armed conflict, natural disasters, or other extraordinary conditions. Once approved, you can apply for an EAD valid during your protection period.

• Family-Based Petitions

If a U.S. citizen or lawful permanent resident (LPR)—such as your spouse, parent, or child—has filed Form I-130 on your behalf, and you’ve also submitted Form I-485 (Adjustment of Status), you may be eligible to apply for a work permit while your green card is pending.

•  U or T Visas

These visas protect victims of certain crimes (U) and human trafficking (T). While your application is under review, you may qualify for a work permit—giving you the chance to work, regai independence, and begin rebuilding your life.

• DACA

If you qualify under Deferred Action for Childhood Arrivals (DACA), you may apply for a renewable work permit every two years through Form I-765. Key DACA requirements include:

• You were under age 31 as of June 15, 2012
• You entered the U.S. before age 16
• You were physically present on June 15, 2012
• You’ve continuously resided in the U.S. since June 15, 2007

• Adjustment of Status

If you’re applying for a green card through marriage or another qualifying family relationship, you can request a work permit while your residency application is pending. This is especially common among spouses of U.S. citizens, offering a path to lawful employment during the immigration process.

Can You Get a Work Permit While in Removal Proceedings?

Being in removal proceedings may feel like the end of the road—but the short answer is yes, you can apply for a work permit. Whether you qualify depends on your specific situation and the reason your case is now before an immigration judge.

Once you are in removal proceedings, it becomes essential to build a strong legal defense to stay in the U.S. In many cases, that defense opens the door to applying for an Employment Authorization Document (EAD)—better known as a work permit.

Common Scenarios Where You May Qualify for a Work Permit in Immigration Court:

• • You filed for asylum (Form I-589), and at least 150 days have passed without a final decision. This is the most common route for an asylum work permit.
  • You applied for cancellation of removal, available to those who have lived in the U.S. for over 10 years, have good moral character, and whose deportation would cause extreme hardship to a qualifying relative.
  • You have an approved family petition through a U.S. citizen or lawful permanent resident spouse, parent, or child.
  • You qualify for a U Visa, T Visa, or Special Immigrant Juvenile Status (SIJS).
  • You are waiting on a decision related to Adjustment of Status or Temporary Protected Status (TPS).

In all of these cases, you may be eligible to file Form I-765 to request your EAD—even while your immigration case is still pending.

However, your application must be legally grounded. That’s why it’s crucial to attend every hearing, avoid abandoning your case, and keep your documentation up to date.

If you're an asylum seeker, your work permit is often a key part of your legal journey. Understanding the connection between asylum and work permit eligibility can be the first step to building stability while you defend your right to remain in the U.S.

The Connection Between Asylum and Work Permits

If you're an asylum seeker in the United States, you have one of the clearest legal paths to obtaining a work permit while your case is under review. Once you submit your asylum application (Form I-589), the “asylum clock” begins—counting the days you’ve waited without a final decision.

You may apply for an asylum work permit (EAD) after 150 days have passed, and USCIS may begin processing your request at day 180.

To stay eligible, it’s critical that no delays are caused by you, such as missing hearings or requesting unnecessary postponements, which can pause your asylum clock.

Steps to Apply for a Work Permit as an Asylum Seeker:

1. Submit Form I-589 (Application for Asylum)
2. Wait 150 days with no final decision
3. File Form I-765 under category (c)(8) for asylum seekers, including a copy of your I-589, ID, and required documentation
4. Attend your biometrics appointment when USCIS schedules your fingerprinting
5. Wait for approval—processing times vary, but once approved, your EAD will be valid while your asylum case remains pending

This direct link between asylum and work permit eligibility offers asylum seekers a vital opportunity to work legally, support their families, and move toward long-term stability.

Hire Tingen Law to Be Your Work Permit Lawyer in Virginia

If you’re applying for a work permit while in removal proceedings or waiting for a decision on your asylum case, this is not something you should navigate alone. At Tingen Law, our attorneys specialize in helping immigrants achieve what often feels out of reach: working legally in the U.S..

We focus on asylum work permits, removal defense, and asylum-related immigration strategies. Our team supports you through every step—from submitting your application to monitoring your asylum clock, reviewing your documents, and building a strong case with the right evidence.

And yes—we speak Spanish, so you can feel fully understood and supported throughout the process.

Schedule your FREE consultation now to find out if you qualify for an asylum and work permit. Let’s take the next step together.