Your work permit after VAWA
Once your self-petition is approved, you are eligible for employment authorization in your own name. You do not need the abuser, a sponsor or a current priority date to apply. A work permit is often the first paper a survivor holds that the abuser cannot take away.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Abuse often runs through money: who works, who holds the pay, who has the documents. A work permit changes that. It is issued in your name, mailed to the address you choose, and it lets you take a job lawfully while the green card is still ahead. It is part of the guide to your green card after VAWA.
Who is eligible
An approved VAWA self-petitioner is eligible for employment authorization under INA 204(a)(1)(K). That statute is the legal basis. "(c)(31)" is only the category code USCIS prints on the card and uses in the Form I-765 instructions; the regulation paragraph 8 C.F.R. 274a.12(c)(31) is reserved and says nothing. You can request the first work permit on the I-360 itself. Renewals, replacements and work permits for derivative children use Form I-765, category (c)(31). The Form I-765 page on uscis.gov has the current edition and instructions; always use the edition posted there.
That covers each kind of self-petitioner: the spouse of a citizen, the spouse of a permanent resident, a former spouse who filed within the two-year window, an abused child, and an abused parent. It does not depend on the abuser's status changing, on a current priority date, or on anyone's signature.
Approved self-petitioners and their derivatives may also be considered for deferred action on a case-by-case basis (USCIS Policy Manual Vol. 3, Part D, ch. 5). See deferred action.
Before approval
If your I-360 is filed but not yet approved, the (c)(31) route above is not open yet: it requires an approved I-360. There is another route if you have a pending green card application. A person with a pending Form I-485 may apply for a work permit under category (c)(9) as an adjustment applicant, filed together with the I-485 or with its receipt notice (Form I-765 instructions; 3 USCIS-PM D.5(D)(2), as of October 2026). The most common case is a spouse, child or parent of an abusive U.S. citizen, who may file the I-485 together with the I-360 because an immediate-relative visa is always available. See the green card after VAWA. VAWA self-petitioners pay no government filing fee for a (c)(9) I-765 (8 C.F.R. 106.3(b)(6)).
A prima facie determination does not give a work permit. It can open certain public benefits, on the conditions in 8 U.S.C. 1641(c) (8 C.F.R. 204.2(c)(6)(i)).
Fees
As of October 2026, VAWA self-petitioners and their derivatives pay no government filing fee for a work permit on Form I-765 based on INA 204(a)(1)(K), whether initial, renewal or replacement (8 C.F.R. 106.3(b)(6)). The exemption also covers I-765s under 8 C.F.R. 274a.12(c)(9) and (c)(14). The USCIS filing fee page is the authority. Any government filing fee is paid to USCIS and is not our legal fee.
Timing
USCIS posts its own processing times at uscis.gov/processing-times. We never copy them, because they change. If the application has stalled well past the posted time, read when the case is taking too long.
Keeping it safe
- The mailing address. The card and every notice go to the address on the form. Use one the abuser cannot reach. See the safe filing checklist.
- Documents the abuser holds. You can start without them. See documents the abuser took.
- Your employer. An employer verifies your work authorization. The government may not disclose information about your case to anyone, with limited exceptions (8 U.S.C. 1367(a)(2), (b)). Ask us what the card itself shows before you start a job.
Renewals and the road to the green card
A work permit has an end date printed on it. Calendar it the day the card arrives and talk to us well before then about the renewal. For the spouse of a permanent resident, the work permit may carry you through a long Visa Bulletin wait. When you can file for the green card, the green card guide explains what comes next.
If you are arrested or charged with anything while you hold a work permit, talk to your criminal lawyer before you write anything down, and read arrested or charged.
Read next: deferred action, public benefits, the Visa Bulletin wait, or your green card after VAWA.
Common questions
When can I apply for a work permit?
An approved VAWA self-petitioner is eligible for employment authorization under INA 204(a)(1)(K), category (c)(31), and you can request the first work permit on the I-360 itself. Before approval, if you have a pending Form I-485, for example one filed together with the I-360 as an immediate relative, you may apply under category (c)(9) as an adjustment applicant (Form I-765 instructions; 3 USCIS-PM D.5(D)(2), as of October 2026).
Is there a fee for the work permit?
As of October 2026, a VAWA self-petitioner pays no government filing fee for a work permit on Form I-765 based on the approved self-petition, whether initial, renewal or replacement (8 C.F.R. 106.3(b)(6)). The USCIS filing fee page on uscis.gov is the authority. Our legal fee is separate.
My abuser has my passport and documents. Can I still apply?
Yes, you can start. Tell us what you have and what the abuser holds. There are ways to replace or work around missing documents that never involve contacting the abuser. Our page on documents the abuser took explains the options.
How long does the work permit take?
We do not publish processing times. USCIS posts them at uscis.gov/processing-times. If an application has stalled well past the posted time, there are steps we can take, described on our page about delays.
The lawyers who will handle your case
One of them calls you back, privately, on your terms.
Talk to a lawyer privately. You decide how we reach you.
Tell us a safe number or email and a safe time, and whether we can leave a message. We never contact the person who hurt you, and we never call from a number or send anything that names this site. The first conversation is free and confidential, in English, Russian, Spanish or Uzbek, with a live interpreter for any other language.