Most people assume you need a visa before you can work in the United States. It feels intuitive: visa first, work permit second. But immigration law doesn’t always follow the logic we expect. In fact, there are several situations where individuals can qualify for a U.S. work permit (EAD) without ever holding a visa.
This question is rising sharply in online searches, especially among couples asking, “My spouse is a U.S. citizen. Can I get a work permit?” or “Can I work while waiting for my green card?”
Here’s the good news: for many people, the answer is yes.
This guide explains exactly when someone can receive an Employment Authorization Document (EAD) without having a visa, how the process works, and what you need to watch for in 2025.
As Partner Jennifer Behm, Esq., notes, “This is one of the biggest misunderstandings in family-based immigration. A visa and a work permit are not the same thing, and in many cases, you can absolutely apply for work authorization without ever holding a visa stamp.”
What Is a Work Permit?
The Employment Authorization Document (EAD) allows a noncitizen to work lawfully in the U.S. It’s not a visa. It doesn’t provide a legal basis to enter the country. Instead, it provides the right to work while waiting for another immigration benefit, typically:
- A pending Adjustment of Status (I-485)
- A pending asylum application
- Certain humanitarian statuses
- Certain temporary protective statuses
- Specific spouse categories
And here’s where most people get tripped up: visa status and EAD eligibility are separate issues. You can be inside the U.S. without a visa stamp and still qualify for a work permit, depending on your situation.
When You Can Get a Work Permit Without a Visa
1. Marriage to a U.S. Citizen (Adjustment of Status)
This is the single most common scenario, and it drives huge search volume for couples researching their options.
If you entered the U.S. lawfully, even if your visa is now expired, you may be eligible to file:
All at the same time.
This means you can apply for a work permit without currently holding a valid visa.
Once the I-765 is filed as part of the “one-step” package, you’ll generally receive work authorization in 3-6 months.
This is why thousands of couples rely on this process every year.
Important: Entering illegally (without inspection) changes the analysis and generally requires alternative pathways such as a waiver process or consular processing. Always seek legal advice before filing.
2. K-1 Fiancé(e)s Who Marry Within 90 Days
A K-1 entrant doesn’t need a visa after arrival, they used their single-entry K-1 to enter, marry, and then apply for Adjustment of Status.
Once their I-485 is filed, they can also apply for an EAD, even though the K-1 visa has expired.
3. Asylum Seekers With a Pending Application
An individual with a pending asylum application can apply for an EAD 150 days after filing their asylum case.
- No visa is required.
- No current status is required.
This is one of the clearest examples where EAD eligibility is completely independent of visa possession.
4. TPS Beneficiaries (Temporary Protected Status)
Individuals granted TPS, or even those applying for TPS, are eligible for work permits.
This pathway does not require a visa, and individuals often apply while already in the U.S.
5. Certain Humanitarian Programs
You may qualify for an EAD without a visa if you hold or apply for various humanitarian protections, including:
In each of these categories, the EAD is tied to your humanitarian protection, not to any visa stamp in your passport.
6. Spouses of Certain Nonimmigrant Workers
This is a narrower category, but still important:
Some spouses are eligible for work authorization incident to status, meaning they do not need an additional visa to work once properly admitted as dependents. Examples include:
Their work authorization is automatic once they are admitted in the correct dependent category, even if they never obtained a new visa after marriage.
When You Cannot Get a Work Permit Without a Visa
A few common misconceptions:
- You cannot get an EAD simply because you are in a relationship with a U.S. citizen.
The marriage (and filing the correct forms) is what triggers eligibility, not the relationship itself.
- You cannot get an EAD simply because you’re inside the U.S.
There must be a qualifying application pending.
- You cannot get an EAD when you are out of status, unless you have a qualifying basis
Marriage-based Adjustment of Status is often the exception, but unlawful entry complicates the path.
The Marriage-Based Category: The Most Common (and Most Misunderstood)
Hands-down, the fastest-growing area of confusion is work authorization for those married to U.S. citizens. TikTok, Reddit, and Google searches are filled with half-truths.
Here is the clear rule:
- If you entered the U.S. lawfully (even if you overstayed) you can typically file for a green card and a work permit at the same time.
- You do not need a valid visa at the moment you apply.
- You do not need to leave the U.S.
- You must file the marriage-based green card package correctly.
As Jennifer Behm, Esq., emphasizes:
“For couples, the biggest mistake is assuming you need a valid visa to file for work authorization. What you really need is the right eligibility basis, and the right legal guidance, to file safely.”
Why “Check Your Eligibility First” Matters
Because many people qualify for work authorization, but some absolutely do not.
If any of the following apply, you need a legal consultation before filing:
- You entered the U.S. without inspection
- You have a criminal history
- You have fraud/misrepresentation concerns
- You previously filed an asylum case
- You have multiple entries or unlawful presence
- You are unsure whether Adjustment of Status is allowed in your circumstances
A 30-minute eligibility review can save couples months of delay, requests for evidence, or worse…denials or removal risks.
U.S. Work Permit FAQs
How fast can I get a work permit after filing a marriage-based green card?
Most applicants receive an EAD in about 3-6 months, though processing times vary by service center.
Can I get a work permit if I’m undocumented?
Not automatically. Eligibility depends on your pathway (asylum, TPS, VAWA, U/T visas, or specific humanitarian programs). Marriage alone does not guarantee eligibility.
Do I need a lawyer to apply?
Legally, no. Practically, yes. A misfiled I-485 or I-765 can delay your work authorization for months.
Get Help Securing Your Work Permit
A U.S. work permit isn’t tied to having a visa, and this is one of the most important facts that couples, families, and humanitarian applicants need to understand.
Whether you qualify through marriage, asylum, TPS, humanitarian options, or other protected categories, the key is knowing whether your situation fits the law before you file.
If you’re unsure whether you or your spouse qualifies for a work permit, Berardi Immigration Law can help you review your entry history, immigration past, and eligibility risks so you can move forward confidently.
Ready to find out if you qualify?
Book a consultation with us to get started today.
