Ask for your work permit on the I-360 itself
An approved VAWA self-petitioner is eligible for work authorization under INA 204(a)(1)(K). If you are the principal self-petitioner, you can request your first work permit on the Form I-360 itself, with no separate form and no government fee. Renewals, replacements and derivative children use Form I-765.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
This post is dated October 26, 2026. It is about one choice on the VAWA Form I-360 that is easy to miss and costs time if you miss it: asking for your work permit on the petition itself. The sources are INA 204(a)(1)(K), the Form I-765 instructions (item 17), the USCIS Policy Manual at Volume 3, Part D, chapter 5, and 8 C.F.R. 106.3(b)(6)(vii).
The rule
Under INA 204(a)(1)(K), a person with an approved VAWA self-petition is eligible for work authorization. Derivative children on the petition are eligible too.
How you ask depends on who you are:
| Who | Which request | How |
|---|---|---|
| Principal self-petitioner | First work permit | Request it on the Form I-360 itself |
| Principal self-petitioner | Renewal or replacement | Form I-765, category (c)(31) |
| Derivative child | Any work permit | Form I-765, category (c)(31) |
There is no government filing fee for a Form I-765 filed under INA 204(a)(1)(K), whether it is the first, a renewal or a replacement, under 8 C.F.R. 106.3(b)(6)(vii). The I-360 itself has no government filing fee either, under 8 C.F.R. 106.2(a)(17)(ii).
Why the box matters
If you ask on the I-360, the request travels with the petition. If you do not, you will need a separate I-765 later, and the work permit waits for it. For a person whose money is controlled by the abuser, the date you can work on the books can matter as much as the green card.
So when you, or your lawyer, fill out the I-360, look for the part that asks whether you want an employment authorization document. Read the current I-360 instructions on the USCIS form page before you file, because editions change.
Who this is for
The INA 204(a)(1)(K) rule follows the VAWA self-petition, so it reaches every kind of self-petitioner the statute covers: an abused spouse of a U.S. citizen under INA 204(a)(1)(A)(iii), an abused spouse of a permanent resident under INA 204(a)(1)(B)(ii), a former spouse filing within the 2-year window, an abused child under INA 204(a)(1)(A)(iv) or (B)(iii), and an abused parent of a U.S. citizen son or daughter who is at least 21 under INA 204(a)(1)(A)(vii). If your children are on your petition as derivatives, each of them files a separate Form I-765 when the time comes, with no government filing fee.
If you are the spouse of a permanent resident, the work permit can matter even more. Your green card waits on the Visa Bulletin under INA 203(a)(2)(A) and 245(a)(3), and the work permit is how you earn a living in the meantime. See the Visa Bulletin for spouses of green card holders.
A citation detail, for the careful reader
You may see "(c)(31)" and assume it is a paragraph of the regulation. It is not. 8 C.F.R. 274a.12(c)(31) is marked "[Reserved]." The (c)(31) you see on the I-765 is the USCIS category code. The legal basis for the VAWA work permit is the statute, INA 204(a)(1)(K).
What we do not publish
- A work permit before approval. The INA 204(a)(1)(K) work authorization is for an approved self-petitioner. We have not verified a rule for work authorization while the I-360 is pending, so we do not publish one.
- How long the card lasts. The validity period is printed on the card and on the USCIS pages. We do not copy it.
- Processing times. See uscis.gov/processing-times.
Deferred action is a separate question
Approved self-petitioners and their derivatives may be considered for deferred action on a case-by-case basis (Policy Manual, Volume 3, Part D, chapter 5; INA 204(a)(1)(D)(i)(II) and (IV)). It is not automatic. See our post on deferred action.
Where the card is mailed
The work permit card is mailed. If the abuser sees your mail, the mailing address on the I-360 decides where it lands. Our safe filing checklist covers a safe mailing address. If you are in danger now, call 911. The National Domestic Violence Hotline is 1-800-799-7233, or text START to 88788. For a private consultation, call (718) 484-7510.
Read next: the work permit, deferred action, or the VAWA self-petition.
Common questions
Do I need to file Form I-765 for my first VAWA work permit?
Not if you are the principal self-petitioner and you request it on the I-360. Under INA 204(a)(1)(K) and the Form I-765 instructions, the principal can request the initial employment authorization document on the I-360 itself. Renewals, replacements and derivative children use Form I-765, category (c)(31).
Is there a fee for the VAWA work permit?
No government filing fee. Under 8 C.F.R. 106.3(b)(6)(vii), VAWA self-petitioners pay no fee for Form I-765 under INA 204(a)(1)(K), including renewals and replacements.
Can I get a work permit while the I-360 is still pending?
The work authorization under INA 204(a)(1)(K) is for an approved self-petitioner. We have not verified a rule for a work permit before approval, so we do not publish one. Ask at the consultation.
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