Work Authorization (EAD) For VAWA Self-Petitioners

By Vania Stefanova Reviewed by Charmaine C. Rozario

If you are a VAWA (Violence Against Women Act) self-petitioner, also known as VAWA applicants, you may be eligible to apply for an Employment Authorization Document (EAD) while your petition is pending or approved. This document allows you to work legally in the United States while your immigration case is processed.

Below is a step-by-step guide on how to apply for work authorization under VAWA (Form I-360).

1. Determine Your Eligibility for an EAD

VAWA beneficiaries may be eligible for an EAD under the following circumstances:

VAWA Self-Petition Approved (Category (c)(31)):

If your Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) receives VAWA approval, you are eligible to apply for an EAD under the category (c)(31).

VAWA Self-Petition Pending & Adjustment of Status Filed (Category (c)(9)):

If you have a pending VAWA application and I-360 and have filed Form I-485 (Application to Register Permanent Residence or Adjust Status), you can request an EAD as part of your adjustment of status application under category (c)(9).

Eligibility for VAWA Self-Petition

To be eligible for a VAWA self-petition, you must meet certain requirements. These include:

Victim of Domestic Violence or Extreme Cruelty: You must be a victim of domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent. This includes physical abuse, emotional abuse, or other forms of extreme cruelty.
Physical Presence: You must be physically present in the United States or at a port of entry when filing your VAWA self-petition.
Admissibility: You must be admissible to the United States. This means you do not have any grounds of inadmissibility, such as certain criminal convictions or immigration violations.
Proof of Abuse: You must demonstrate that you have been battered or subjected to extreme cruelty by the abuser. This can include police reports, medical records, or affidavits from witnesses.
Good Moral Character: You must demonstrate that you are a person of good moral character. This generally means you have not committed serious crimes or engaged in fraudulent activities.
No Inadmissibility Grounds: You must not be inadmissible due to certain grounds, such as immigration fraud or misrepresentation. If you have any grounds of inadmissibility, you may need to apply for a waiver.

Meeting these requirements is crucial for your VAWA self-petition to be considered by U.S. Citizenship and Immigration Services (USCIS).

2. Gather the Required Documents

When applying for an EAD through a VAWA petition, you will need to submit Form I-765 (Application for Employment Authorization) along with the following documents:

For Category (c)(31) – Approved VAWA Petition

Completed Form I-765 (Application for Employment Authorization)
Copy of Form I-360 Approval Notice or VAWA approval notice (If approved)
Copy of your passport biographic page
Copy of your current I-94 (Arrival/Departure Record) (if applicable)
Copy of any previous work permits (if applicable)
Two passport-style photographs (taken within the last 30 days)
Filing Fee (Check USCIS website for current fee or request a fee waiver with Form I-912 if needed)
Form G-28 (if you have an attorney)

For Category (c)(9) – Pending VAWA & Adjustment of Status

Completed Form I-765
Copy of Form I-360 Receipt Notice (proof that your VAWA petition is pending) and VAWA receipt notice
Copy of Form I-485 Receipt Notice (proof that you have filed for Adjustment of Status, or that you are filing it concurrently)
Copy of passport biographic page
Copy of I-94 (if applicable)
Two passport-style photographs
No filing fee required for (c)(9) EAD if filed with I-485
Form G-28 (if applicable)

3. Completing Form I-765

When filling out Form I-765, pay attention to the following key sections:

Part 2, Item 1a: Check “Initial permission to accept employment” (if first time) or “Renewal” if applying for an extension.
Part 2, Item 27: Enter the appropriate eligibility category:
- (c)(31) for approved VAWA petitioners.
- (c)(9) for VAWA petitioners who have filed Form I-485.
Signature & Date: Ensure you sign and date the application.

4. Filing Your Application

You can file Form I-765 online or by mail:

Online: If USCIS allows e-filing for your category, create a USCIS account and upload your documents, including those required for VAWA biometrics.
By Mail: Send your completed application packet to the correct USCIS Lockbox (address depends on where you live and your category).

Check the USCIS website (www.uscis.gov) for the latest filing addresses.

5. Biometrics Appointment (If Required)

For category (c)(31), USCIS may require you to attend a biometrics appointment to verify your identity as part of the VAWA EAD approval process.

6. Processing Time

Processing times for a VAWA green card vary. Generally:

Category (c)(9) EADs (based on a pending green card application) take 3-6 months.
Category (c)(31) EADs (AFTER VAWA approvals) take 3-6 months.

You can check processing times at USCIS Processing Times.

7. Receiving Your EAD

Once approved, USCIS will mail you the Employment Authorization Document (EAD), which is one of the VAWA benefits. You can use this card to legally work in the U.S. and apply for a Social Security Number.

8. Renewing or Replacing Your EAD

If your VAWA case is still pending and your EAD is expiring, you can file a renewal I-765 at least 6 months before expiration.
If your EAD is lost, stolen, or damaged, you can request a replacement by filing Form I-765 again.

9. What If Your EAD Is Denied?

If your EAD application is denied, USCIS will issue a notice explaining the reason. You can:

File a Motion to Reopen or Reconsider (Form I-290B) if you believe USCIS made a mistake.
Consult an immigration attorney for other legal options.

10. Adjustment of Status and Green Card

If your VAWA self-petition is approved, you may be eligible to apply for adjustment of status and a Green Card. To be eligible for adjustment of status, you must:

Approved VAWA Self-Petition: You must have an approved VAWA self-petition (Form I-360).
Physical Presence: You must be physically present in the United States at the time of filing your adjustment of status application.
Eligibility for a Green Card: You must meet the eligibility requirements for a Green Card, which include being admissible to the United States and not having any disqualifying factors.
Meeting Green Card Requirements: You must meet the specific requirements for eligibility for a Green Card, such as having a valid priority date and not being subject to any bars to adjustment.

To apply for adjustment of status, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. Along with Form I-485, you must submit supporting documents, such as proof of identity, proof of your approved VAWA self-petition, and evidence of your eligibility for a Green Card. Additionally, you will need to undergo a medical examination and background check as part of the process.

11. VAWA Self-Petitioner Benefits

As a VAWA self-petitioner, you may be eligible for several benefits that can significantly improve your situation. These benefits include:

Employment Authorization: You may be eligible for an Employment Authorization Document (EAD) while your VAWA self-petition is pending. This allows you to work legally in the United States and gain financial independence.
Lawful Permanent Residence: If your VAWA self-petition is approved, you may be eligible for lawful permanent residence, which grants you the right to live and work in the United States permanently.
Work Permit: While your VAWA self-petition is pending, you may be eligible for a work permit, enabling you to support yourself and your family.
Priority Date: You may be eligible for a priority date, which can expedite your application for a Green Card, allowing you to obtain lawful permanent residence more quickly.
Adjustment of Status: You may be eligible to apply for adjustment of status and a Green Card if your VAWA self-petition is approved, providing you with a pathway to permanent residency.
Abused Spouse Benefits: As an abused spouse, you may be eligible for specific benefits designed to protect and support you, such as employment authorization and lawful permanent residence.

These benefits are designed to help you achieve stability and independence while navigating the immigration process. It is always advisable to consult with an immigration attorney to understand your specific situation and ensure you are taking full advantage of the benefits available to you.

FAQs: Employment Authorization Document (EAD) for VAWA Applicants

General Questions About EAD for VAWA Applicants

Q1: Can VAWA self-petitioners apply for a work permit (VAWA EAD)?

✅ Yes. VAWA self-petitioners who have either a pending or approved Form I-360 may be eligible for an EAD, depending on their case status.

If your VAWA petition is approved, you can apply under category (c)(31).
If you have a pending I-360 and have filed Form I-485 (Adjustment of Status), you may apply under category (c)(9).

Q2: What form is used to apply for an EAD as a VAWA applicant?

You must submit Form I-765 (Application for Employment Authorization) to USCIS.

Q3: What are the eligibility categories for a VAWA applicant on Form I-765?

(c)(31) → For approved VAWA self-petitioners.
(c)(9) → If you have filed Form I-485 (Green Card application).

Q4: Is there a filing fee for Form I-765 for VAWA applicants?

If applying under (c)(9) (pending Green Card application) → $0 (fee exempt if filed with Form I-485).
If applying under (c)(31) (VAWA approved) → A fee is required unless you request a fee waiver using Form I-912 (Request for Fee Waiver).

Application Process & Documentation

Q5: What supporting documents are required for Form I-765?

📌 For VAWA applicants applying under (c)(31) or (c)(9), provide the following:

Completed Form I-765
Copy of your Form I-360 approval notice (for (c)(31)) OR Form I-360 receipt notice (for (c)(9))
Copy of Form I-485 receipt notice (if applying under (c)(9))
Copy of passport biographic page
Copy of your latest I-94 (if applicable)
Two passport-size photos (taken within 30 days)
Previous work permit copy (if renewing)
Form G-28 (if an attorney is assisting you)

Q6: Where should I file my Form I-765?

The mailing address depends on your eligibility category and USCIS Lockbox facility. You can check the latest filing addresses on the USCIS website.

Q7: Can I apply for an EAD online?

As of now, VAWA-based EAD applications (Form I-765) must be filed by mail. Online filing is not available for (c)(31) or (c)(9) applicants.

Processing Times & Delays

Q8: How long does it take to receive an EAD for a VAWA applicant?

Processing times vary, but typically:

(c)(31) EAD (VAWA approved): 3-6 months
(c)(9) EAD (pending Green Card): 5-8 months

Check current USCIS processing times here.

Q9: Can I expedite my EAD application as a VAWA applicant?

Expedited requests may be granted in urgent cases, such as:

Severe financial hardship
Humanitarian reasons (e.g., medical emergencies, domestic violence-related needs)
USCIS error causing a delay

📌 To request an expedite, call USCIS at 1-800-375-5283 and provide supporting evidence (e.g., eviction notice, medical emergency letter).

Q10: What should I do if my EAD application is delayed beyond normal processing times?

Check case status online here.
Submit an e-Request for a delayed case.
Contact USCIS Customer Service (1-800-375-5283).
Seek legal assistance to escalate the case if needed.

EAD Denials & Renewal

Q11: What happens if my EAD application is denied?

If denied, USCIS will send a denial notice explaining the reason. Options include:

Filing a Motion to Reopen/Reconsider (Form I-290B) if the denial was due to an error.
Reapplying with stronger evidence.
Consulting an immigration attorney for legal strategies.

Q12: How do I renew my VAWA-based EAD?

✅ Renewal process:

File Form I-765 at least 6 months before your current EAD expires.
Provide the same supporting documents as the initial application.
No fee for (c)(9) renewals, but (c)(31) renewals may require a fee or a fee waiver.

Q13: Can I work while my EAD renewal is pending?

✅ Yes, but only if:

You filed a renewal BEFORE your EAD expired.
Your current EAD is eligible for automatic extension (most (c)(9) applicants qualify).

📌 Automatic extension applies for up to 180 days in most cases.

Unique & Less Common Questions

Q14: Can I apply for a Social Security Number (SSN) with my EAD?

✅ Yes. You can request an SSN on Form I-765, or take your EAD to a Social Security Office to apply.

Q15: Can I travel outside the U.S. with my EAD?

🚫 No. An EAD does not grant reentry into the U.S. If you need to travel, you must apply for Advance Parole (Form I-131).

Q16: Can I apply for a driver’s license with my EAD?

✅ Yes. An EAD is a valid proof of work authorization and can be used to apply for a state driver’s license or ID. Requirements vary by state, so check with your local DMV.

Q17: Can I apply for an EAD if I am in removal (deportation) proceedings?

✅ Yes, but…

If your VAWA I-360 is pending, you may still qualify for an EAD.
If in immigration court proceedings, consult an immigration attorney.

Final Thoughts

Applying for an EAD as a VAWA applicant is an important step toward financial independence. Whether your VAWA case is pending or approved, following the correct process will ensure you maximize your chances of getting work authorization. Always check the latest USCIS guidelines and consider seeking legal help if needed.

Why Consult with Herman Legal Group for Your VAWA Work Permit (EAD) Application?

Applying for an EAD as a VAWA applicant is a crucial step toward financial independence and stability. Whether you are applying for the first time, renewing, or dealing with delays, understanding the process is key.

Navigating the process of obtaining an Employment Authorization Document (EAD) as a VAWA applicant can be challenging. The Herman Legal Group is here to ensure you have the best possible legal guidance and support throughout your application process. Here’s why you should trust us with your case:

✅ Expertise in VAWA and Immigration Law

Our team has decades of experience handling VAWA petitions and work permit applications with a proven track record of success.
We understand the unique challenges VAWA applicants face and provide compassionate, personalized legal support.

✅ Guidance Through Every Step of the EAD Process

We carefully review your documents to ensure accuracy and completeness, reducing the risk of delays or denials.
We assist with filing Form I-765 (Application for Employment Authorization) under the correct eligibility category to maximize approval chances.
If your application is denied, we guide you through appeals, motions to reopen, or alternative legal options.

✅ Avoid Costly Mistakes & Delays

Immigration law is complex and constantly changing—we stay up to date on USCIS policies to ensure your case is handled correctly.
Small errors can result in delays or rejections—our experienced attorneys will carefully prepare and submit your application to avoid unnecessary complications.

✅ Compassionate & Confidential Legal Support

As a VAWA applicant, your case is sensitive—we offer discreet and confidential legal consultations to ensure your safety and peace of mind.
We are dedicated to helping survivors of domestic violence secure financial independence through work authorization.

📞 Schedule Your Consultation Today!

Don’t leave your future to chance—let the Herman Legal Group help you secure your work authorization and legal status in the U.S. Our skilled attorneys are ready to provide you with personalized legal guidance to navigate the EAD process smoothly.

📅 Book your confidential consultation now!
🔗 Visit our website or call 216-696-6170 today!

We are here to fight for your rights and help you move forward with confidence. 💙