What Should I Do To Get A Work Permit That Allows Me To Work In Texas?
Asked in Pearland, TX on May 30, 2024 Last answered on September 16, 20261 answer
Thank you for the question. The most important thing to know is that there is no Texas work permit. Permission to work in the United States is federal, and anyone authorized to work under federal law may work in Texas or any other state. What most people call a "work permit" is the Employment Authorization Document (EAD), a card issued by U.S. Citizenship and Immigration Services (USCIS). Employers check it, or another acceptable document, when completing Form I-9 at hiring.
The second thing to know is that a work permit cannot be requested on its own. Federal regulations (8 C.F.R. § 274a.12) allow employment only for people in a listed category, and every category is tied to an immigration status or to an application that is pending or approved. There are three groups. First, people whose status itself includes the right to work, such as lawful permanent residents (green card holders), refugees, and people granted asylum. Second, people whose employer has sponsored them for a work visa (H-1B, H-2A, H-2B, L-1, TN, O-1, and others); the employer files the petition, and the worker may work only for that employer. Third, people who must apply for an EAD on Form I-765, for example applicants with a pending green card application, asylum applicants after a waiting period, people with Temporary Protected Status (TPS), students in practical training, certain spouses of H-1B workers, and victims of certain crimes or abuse with humanitarian cases.
So the practical question is which of these doors, if any, fits your situation. Common paths include a close family member who is a U.S. citizen or permanent resident and can petition for you (which can lead to an EAD while a green card application is pending), an employer willing to sponsor a work visa, a humanitarian claim such as asylum, TPS for a designated country, or a U visa for crime victims, or, for people who already have it, DACA.
There are several recent changes that should be considered.
Asylum-based work permits. Under the current rule, an applicant may file for an EAD 150 days after a complete asylum application is filed, and USCIS may approve it once the application has been pending 180 days (8 C.F.R. § 208.7). In February 2026, DHS proposed extending that wait to 365 days and pausing new applications when asylum processing times run long (91 Fed. Reg. 8616). That proposal was not final as of mid-September 2026.
DACA. USCIS is renewing existing DACA grants and work permits nationwide, including in Texas, but is not approving first-time requests. A federal court in Texas is deciding how to carry out a Fifth Circuit ruling that would end work authorization for DACA recipients living in Texas while leaving protection from deportation in place. That could change quickly.
Renewals. Since October 30, 2025, most EAD renewals no longer receive an automatic extension while pending, so a gap in work authorization is possible if a renewal is filed late. USCIS accepts renewals up to 180 days before the card expires.
Only USCIS issues work permits; no one can sell one, and anyone promising a permit for a fee, including so-called "notarios," should be avoided. And working without authorization can affect future immigration options, so the order in which things are done matters.
Because eligibility depends entirely on your own history (how and when you entered, family ties, employment, and any prior applications), a consultation with a licensed immigration attorney or a Department of Justice accredited representative is the way to learn which path, if any, is open to you.
This is general information, not legal advice, and does not create an attorney-client relationship.
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