Can I Work Legally in Houston While My Immigration Case Is Pending?

It's late at night and you're sitting at your kitchen table in Gulfton or Sharpstown, wondering whether you can accept the job you were just offered — or whether doing so will put your immigration case at risk. It's a question thousands of Houston immigrants ask every week, and getting the answer right can mean the difference between building your life here and jeopardizing everything you've worked for.

This article explains who can obtain a work permit with a pending immigration case, what rules changed in 2025 and 2026, and what steps to follow to apply correctly.

#What Is an Employment Authorization Document (EAD)?

The work permit is officially called an Employment Authorization Document (EAD). It is a card issued by USCIS that allows you to work legally in the United States while your immigration case is being processed. Without this card — or without an immigration status that already includes work authorization — you cannot legally accept employment in this country.

You apply for an EAD using Form I-765, Application for Employment Authorization. It is not a green card or citizenship — it is a temporary authorization that you must renew on time if your case is still pending when it expires.

#Who Can Apply for a Work Permit with a Pending Case?

Eligibility depends entirely on the type of case you have. Here are the most common situations for Houston immigrants:

Asylum Applicants (Form I-589)

If you filed an affirmative asylum application with USCIS, you may apply for a work permit after a required waiting period established by federal law has passed. If delays in your case were caused by you — for example, requesting unnecessary postponements or failing to update your address on time — those days do not count toward that waiting period.

Important for 2025–2026: In July 2025, Congress enacted the One Big Beautiful Bill Act (OBBBA), which introduced a $560 fee for a first-time EAD application in asylum, parole, and TPS categories — and this fee cannot be waived for financial hardship. Renewals carry a $275 fee (adjusted for inflation in 2026).

Many families in Aldine (77037, 77039), Northside (77009, 77076), and Alief (77072, 77099) are navigating this change right now. If your required waiting period is approaching, start planning for this fee in advance.

Additionally, in February 2026 the Department of Homeland Security proposed a new rule that could significantly restrict work permits for asylum seekers going forward. The rules in this area are actively changing — consulting with an attorney about what currently applies to your specific situation is essential.

Pending Adjustment of Status (Form I-485)

If you filed Form I-485 to obtain a green card — for example, because a U.S. citizen or permanent resident family member filed a petition on your behalf — you can apply for a work permit at the same time or after filing that form. EADs in this category now have a validity of 18 months (previously up to 5 years), so you will need to renew it.

This pathway is common for residents of Spring Branch (77055, 77080), Katy (77449, 77450, 77494), and Magnolia Park (77011, 77012) whose family petitions have been approved. You can find more information about that process on our family petitions page.

Temporary Protected Status (TPS)

If you have approved TPS — from Venezuela, El Salvador, Honduras, or another country — you are authorized to work while your TPS is valid. However, several TPS programs are subject to active federal court litigation in 2025 and 2026:

• Venezuela TPS is protected by a federal court order through October 2, 2026 (as of June 2026, subject to change).
• El Salvador TPS is valid through September 9, 2026.
• Honduras TPS is in disputed territory — conflicting court rulings in December 2025 and February 2026 have created uncertainty.

Always verify with an attorney that your TPS remains active before accepting new employment or signing a new work contract.

DACA

DACA recipients have work authorization built into their status while it remains active. However, in 2025 the Fifth Circuit Court of Appeals issued a ruling that challenged the legality of certain DACA provisions in Texas, including employment authorization for new applicants. If you have active DACA, keep your renewals current. If you were never able to apply or your situation is complicated, speak with an attorney before making employment decisions based on DACA.

Other Categories

People who entered under various parole programs, certain nonimmigrant visa holders, individuals with a grant of withholding of removal, and others may also qualify. Form I-765 lists more than 30 different eligibility categories — submitting the wrong category code can result in rejection of your application.

#Major Changes in 2025–2026: What You Must Know

The past two years brought changes that directly affect immigrants in Houston:

1. Automatic extensions ended. Starting October 30, 2025, if you filed a renewal application but have not yet received USCIS's decision, your previous work permit no longer extends automatically while you wait. You could lose your authorization to work during that gap. File your renewal early — your attorney can help you calculate the right timing for your specific category.

2. New non-waivable fees. Before 2025, many asylum applicants could request a fee waiver based on financial hardship. The OBBBA eliminated that option for asylum, TPS, and parole. The $560 first-time application fee is mandatory.

3. Shorter EAD validity. Many work permits that previously lasted 5 years now last 18 months for categories like pending adjustment of status.

4. Long processing times. As of early 2026, over 1.8 million work permit applications were active in the federal system. Processing times range from 2 to 9 months — or longer — depending on the category.

#How to Apply for Your Work Permit: Step by Step

1. Consult an immigration attorney to confirm your eligibility category and make sure there are no factors in your case that could block or complicate your application.
2. Complete Form I-765 with the correct eligibility category code and appropriate supporting documents.
3. Gather your supporting documents: evidence of your pending case (receipt number, copy of the filed form), a government-issued photo ID, and — depending on your category — other documents.
4. Pay the required fee. Since 2025, the fee for asylum, TPS, and parole categories is $560 for a first-time application and $275 for a renewal (not waivable). For other categories, check the current USCIS fee schedule.
5. File your application with the appropriate USCIS Service Center — depending on your category, this may be done online or by mail.
6. Attend your biometrics appointment if USCIS schedules one.
7. Wait for your approval — the process can take several months. Do not begin working until you have a valid, approved EAD in hand unless you already have current authorization.

If you have a case pending in any of Houston's Immigration Courts — at Smith Street (1919 Smith St.), South Gessner (8701 S Gessner Rd.), or Jefferson Street (500 Jefferson St.) — an attorney can coordinate your work permit process with your court hearings to avoid creating conflicts in your case file.

#Working Without Authorization: Why It's So Dangerous

If you work without the proper authorization, you are not only violating employment law — you are putting your entire immigration case at risk. USCIS can treat unauthorized work as a negative factor when evaluating your asylum application, adjustment of status, or any future benefit. In some cases, unauthorized work can be a contributing factor in an unfavorable decision or even an order of removal.

The wait is hard. But obtaining authorization the right way protects everything you've built.

#Speak with a Houston Immigration Attorney

If you live in Denver Harbor (77020), Magnolia Park (77011, 77012), or the East End area, our office at 6841 Avenue I, Houston, TX 77011 is close to you. If you are in Sharpstown (77036), Gulfton (77081), or Alief (77072, 77099), our Montrose office at 1603 W. Alabama St., Houston, TX 77006 is accessible from those neighborhoods.

Call or text us at (832) 404-2300, or schedule a consultation at kristopheralvarez.com/en/book. We speak Spanish. Your immigration status does not prevent you from seeking legal advice, and all consultations with our office are completely confidential.