It is technically possible to apply for a work permit in the United States as a self-employed individual by filing Form I-765 with U.S. Citizenship and Immigration Services (USCIS). However, if you are considering this option to save money but do not yet have legal representation, it is essential to understand the actual risks before submitting any forms.

Many applicants who attempt to complete the process without professional guidance end up facing unnecessary delays, requests for additional evidence (RFEs), or outright denials due to minor oversights in their documentation—mistakes that a professional review could easily prevent from the very beginning.

The Employment Authorization Document (EAD) provides the peace of mind that comes with being able to earn income legally, obtain a Social Security number, and drive without fear. For that reason, understanding how the process works and when it’s risky to proceed without legal advice is the first step toward protecting your future in this country.

In what cases can you apply for a work permit?

It is important to clarify that a work permit is not a procedure that can be filed on its own or independently. USCIS does not grant employment authorization based solely on the application itself; approval must always be linked to an eligible immigration category or a pending principal application.

Among the most common legal grounds for classification are:

• Adjustment of Status: Individuals with pending applications for permanent residence based on family or marriage petitions.
• Asylum seekers: Individuals with a pending affirmative or defensive asylum application who have met the statutory waiting periods (the 180-day rule).
• Humanitarian Programs: Beneficiaries or applicants for the T visa (labor exploitation), U visa (victims of crimes), or under the VAWA (domestic abuse or mistreatment).
• Temporary Protections: Individuals covered under Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA).

If you try to submit the form without selecting a valid category or if you select the wrong code, your request will be rejected immediately, and you will have wasted your time. You can learn more about the different options available on our Immigration Practice Areas to identify the exact category that applies to you.

Common Risks of Filing Form I-765 on Your Own

Although immigration forms may seem easy to fill out at first glance, USCIS bureaucracy is extremely strict. A clerical error or the absence of a supporting document can result in the immediate cancellation of your application.

The most common mistakes made by those who file without a lawyer include:

1. Incorrect category codes: Form I-765 requires you to specify the exact code for your eligibility (for example, (c)(9) for adjustment of status or (c)(8) for asylum). Entering the wrong code in this box will invalidate the application.
2. Incomplete supporting documentation: Failing to attach passport-style photos that meet the exact specifications, submitting illegible copies of previous identification documents, or failing to include proof that your primary application is still active.
3. Erroneous fee payments: USCIS fees change periodically. Submitting a check for an outdated amount or failing to include a properly substantiated request for a fee waiver (Form I-912) will result in an automatic return.
4. Lack of original signatures: USCIS does not accept forms that are unsigned or contain unauthorized digital signatures. Even a single blank space in the declaration section will result in the rejection of the entire application package.

Situations where it’s very dangerous to go through the process alone

There are specific situations in which attempting to handle your work authorization without the guidance of a professional drastically increases the likelihood of serious legal complications with immigration authorities.

You should take special precautions if your case involves:

• Unauthorized entries or a history of deportation: If you entered without inspection or have had a previous encounter with the Border Patrol, submitting forms without a clear strategy could alert authorities to your location without you having solid legal protection.
• Criminal history or prior arrests: Certain minor offenses or traffic violations may require legal clarification or specific waivers before applying for any benefits with USCIS.
• Confidential Humanitarian Proceedings: For applications under VAWA, the T visa, or the U visa, approval of the permit depends directly on the consistency of the evidence presented in the main petition.

We recommend reading: Can I get my paperwork in order without having to leave the U.S.?

Frequently Asked Questions

How long does it take USCIS to approve a work permit?

Processing times vary widely depending on the immigration category and the assigned processing office. Generally speaking, the process can take between 3 and 9 months. For certain categories, expedited processing is available ( Premium Processing) for an additional fee.

Can I apply for a work permit if I entered the country without a visa?

Entering the country without inspection does not automatically disqualify you, but you cannot apply for work authorization on its own. You must have an active protection application that allows for it, such as a T visa, U visa, VAWA, or a formally filed asylum case.

What happens if USCIS sends me a Request for Evidence (RFE)?

An RFE means that the immigration officer found deficiencies or gaps in the documentation you submitted. You will have a strict deadline to respond with the required evidence. If you do not respond appropriately by the deadline, your application will be denied.

Does the work permit card include Social Security?

Yes. On Form I-765 itself, you can specifically request that USCIS coordinate with the Social Security Administration (SSA) to issue and mail your Social Security card once your employment authorization has been approved.

Having second thoughts before submitting your application? Protect your application

Trying to file the application on your own to save on initial fees can end up being very costly if the application is denied, you lose the government fees you’ve paid, or there are delays of several months in your ability to work legally.

If you haven’t hired a lawyer yet and are looking for honest advice, an initial consultation does not obligate you to enter into a contract, but it does give you the certainty of knowing whether you are filing the correct claim with the appropriate evidence.

At our firm, we understand that behind every form there is a family seeking stability—because your story matters to us. If you’d like to have your case reviewed confidentially before submitting any documents to USCIS, you can Schedule a confidential consultation with our legal team to address your questions with complete clarity.

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