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Employment authorization is governed by federal immigration law, so living or working in El Paso does not create a separate city or Texas work-permit process. Depending on immigration status, a person may need an Employment Authorization Document (EAD), may be authorized to work only for a specific employer, or may already be authorized without an EAD.
Many people apply to U.S. Citizenship and Immigration Services (USCIS) using Form I-765, but eligibility depends on a qualifying immigration category. El Paso residents follow the same federal rules as applicants elsewhere; USCIS may schedule local biometrics or other appointments, while filing and case decisions remain federal.
El Paso's location near the Mexico border makes advice about travel especially important for some applicants. Leaving the United States can affect pending applications or create return risks, particularly for people with pending asylum claims, past immigration violations, or removal proceedings.
A denied or delayed EAD: A lawyer can review the denial notice, identify missing evidence or a category issue, and assess whether a new filing or other response is appropriate.
A pending asylum case: Applicants may face strict filing and waiting-period rules. An attorney can assess the case's procedural posture, including whether it is before USCIS or the El Paso Immigration Court.
Removal proceedings: If a case is pending in immigration court, an EAD application may depend on the underlying immigration category and case status. A lawyer can coordinate the application with court deadlines and hearing strategy.
Travel across the border: Someone considering travel to Ciudad Juárez while an application is pending should get advice first. Departure may affect a pending matter or create problems seeking admission back into the United States.
Different work rules for a job or status: Some workers are authorized only for a particular employer, while others may qualify for an EAD. A lawyer can help avoid using the wrong process when changing employers or starting work.
A complicated renewal or record: A missed renewal, prior denial, arrest, or inconsistent immigration filing can raise issues beyond the application form. Legal review may help identify risks before another filing.
Immigration Reform and Control Act of 1986 (IRCA): Enacted on November 6, 1986, IRCA added employer verification and sanctions provisions to the Immigration and Nationality Act. Employers in El Paso, like employers elsewhere in the country, must follow federal rules for verifying employment eligibility.
8 C.F.R. § 274a.12: This regulation identifies immigration categories in which a person may be authorized to work, including categories that require an EAD and categories with employment authorization incident to status. The applicable category, not the applicant's El Paso address, determines the rules.
8 C.F.R. § 274a.13: This regulation addresses applications for employment authorization and certain automatic extensions for eligible renewal applicants. Extension eligibility and duration depend on the category and filing details, so applicants should check the current USCIS instructions before relying on an expired card.
An EAD is evidence that its holder is authorized to work in the United States for the period and under the conditions that apply. It is not a visa or a grant of immigration status by itself.
No. Some people are authorized to work incident to their immigration status, and some have employer-specific authorization. Others must obtain an EAD before working, so the correct answer depends on the person's status and category.
Eligibility is limited to categories set by federal law and regulations. Examples may include certain applicants with pending adjustment or asylum matters, but filing a particular immigration application does not automatically mean every applicant qualifies.
Most applicants submit Form I-765 to USCIS, following the filing method and evidence requirements for their category. USCIS may request biometrics or additional evidence and will issue a decision through its federal process.
Processing times vary by category, workload, and case circumstances. Check USCIS processing-time information for the relevant form and category; an estimate is not a guarantee of when a decision will arrive.
USCIS filing fees vary by application category and may change, and some applicants may qualify for a fee exemption or waiver. Attorney fees are separate and vary by lawyer and case complexity, so request a written fee agreement covering the work and any additional costs.
Do not assume that filing an application gives permission to work. Work before approval is allowed only if another rule or immigration status independently authorizes it.
Some timely renewal applicants qualify for an automatic extension, but it does not apply to every category or filing. Confirm the current USCIS rule, category, and required documents before continuing to work based on an expired card.
An EAD is not a travel document and does not guarantee permission to return to the United States. Travel can have serious consequences for some immigration cases, so get case-specific advice before leaving, especially if you have a pending asylum matter or prior immigration violations.
Not necessarily. Some statuses authorize work only for a named employer or under specific conditions, and an EAD may not be available or appropriate for that worker. Check the rules for the exact status before changing jobs or beginning new work.
No, applicants may file without a lawyer. Legal help can be valuable when eligibility is unclear, a prior application was denied, removal proceedings are pending, or travel and work authorization questions overlap.
U.S. Citizenship and Immigration Services (USCIS): Provides Form I-765 instructions, filing information, case status tools, and processing-time information.
Executive Office for Immigration Review (EOIR): Provides information about immigration courts and proceedings, including matters handled by the El Paso Immigration Court.
State Bar of Texas: Offers public information for checking Texas attorney licensing and finding lawyer referral resources.
Identify the issue. Gather your immigration documents and note whether you need an initial application, renewal, response to a denial, or advice about work or travel. This should take about one day.
Check possible eligibility and deadlines. Review the relevant USCIS category and filing instructions, and note any card expiration, court date, or agency deadline. Do not start work based only on a pending application.
Find qualified local counsel. Use the State Bar of Texas referral resources or ask for referrals from trusted community organizations. Check that any attorney is licensed, or that a nonlawyer representative is authorized to provide immigration services.
Arrange consultations. Contact two or three lawyers within several days if possible. Ask whether they regularly handle your type of EAD or immigration matter and whether they can meet urgent deadlines.
Compare fees and services. Ask for a written agreement stating the fee, included work, expected expenses, and whether appeals or responses to additional USCIS requests cost extra. Take time to compare the terms before signing.
Prepare for the first meeting. Bring prior immigration filings and decisions, identity documents, notices, work-authorization cards, and any court papers. After hiring counsel, agree on who will track deadlines and how updates will be provided.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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