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Work permit (EAD): Form I-765, who can apply and renewals

A work permit, officially called an Employment Authorization Document (EAD), is a card that shows a noncitizen is allowed to work in the U.S. for a set period, and it is requested with Form I-765, Application for Employment Authorization. It is generally for people in certain categories, such as those with a pending green card application, some asylum applicants, TPS holders, DACA recipients and certain spouses of visa holders. Each applicant must fit a specific eligibility category listed in the form instructions.

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Who this is for

  • People with a pending green card (adjustment of status) application on Form I-485.
  • Asylum applicants whose case has been pending for the required waiting period, plus people already granted asylum or refugee status.
  • People with Temporary Protected Status (TPS) or a pending TPS application.
  • DACA recipients, who request work authorization together with their DACA renewal.
  • Certain spouses of visa holders, such as some H-4, L-2 and E spouses, and certain students with practical training.
  • Other groups listed in the Form I-765 instructions, each with its own category code.

Forms involved

FormOfficial nameWhat it does
I-765Application for Employment AuthorizationThe application used to request an initial, renewal or replacement work permit.
I-765WSForm I-765 WorksheetA financial worksheet filed with the I-765 by certain applicants, such as DACA recipients.
I-485Application to Register Permanent Residence or Adjust StatusGreen card applicants often file the I-765 at the same time as the I-485.

Step by step

  1. Identify your eligibility categoryThe I-765 instructions list category codes, such as (c)(9) for pending adjustment or (c)(8) for pending asylum. Using the right code matters.
  2. Gather evidence for that categoryEach category requires proof, such as an I-485 receipt notice, an asylum receipt, a TPS approval or a visa holder's status documents.
  3. File Form I-765Submit the form online (for some categories) or by mail, with photos, evidence and any required fee.
  4. Attend biometrics if scheduledUSCIS may ask you to give fingerprints and a photo, or reuse biometrics from another application.
  5. Receive the EAD cardIf approved, USCIS mails the card. Check the dates and category on the card as soon as it arrives.
  6. Plan your renewal earlyUSCIS generally accepts renewals up to 180 days before the card expires. Because automatic extensions were largely ended in 2025, filing early is more important than before.

Documents usually requested

  • Copy of your previous EAD, front and back (for renewals or replacements)
  • Two passport-style photos
  • Government-issued ID, such as a passport or birth certificate with photo ID
  • Form I-94 arrival/departure record, if you have one
  • Receipt or approval notice for the underlying case (for example I-485, I-589, TPS or DACA)
  • Proof of the spouse's or principal's status, for spouse-based categories
  • Form I-765WS, if your category requires it
  • Fee waiver request (Form I-912), if eligible for your category

How long it takes

Timing depends on your eligibility category, whether you filed with another application, biometrics, and USCIS workload. Check current estimates on the USCIS processing times page.

Government filing fees

Form I-765 carries a filing fee for most categories, while some categories are exempt and others now carry additional fees set by the July 2025 budget law (for example certain asylum, parole and TPS work permits). Fees change often, so confirm the current amount for your category on the USCIS fee schedule (uscis.gov/g-1055).

Working and traveling while you wait

You generally cannot start working in a new category until the EAD is approved, unless your status already allows work. For renewals filed on or after October 30, 2025, the automatic extension that once let many people keep working past the card's expiration generally no longer applies, with limited exceptions (such as certain TPS-related extensions) — check the USCIS automatic extension page.

Common mistakes to avoid

  • Using the wrong eligibility category code, which can lead to a rejection or denial.
  • Waiting too long to renew and assuming you can keep working after the card expires — automatic extensions largely ended in late 2025.
  • Forgetting that a new EAD may have a shorter validity period than earlier cards, after USCIS shortened maximum validity for several categories in 2025.
  • Filing a pending-asylum work permit before the required waiting period has passed.
  • Not checking the card for errors when it arrives.

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Frequently asked questions

Can I work while my green card is pending?
Usually only if you have a valid work permit or another status that allows work. Many green card applicants file Form I-765 together with Form I-485 to request an EAD while the case is pending. Some people, such as those in valid H-1B or L-1 status, may be able to keep working through that status instead.
Do work permits still get an automatic extension?
Generally no, for renewals filed on or after October 30, 2025. A 2025 rule ended the automatic extension for most renewal applicants, with limited exceptions such as those provided by law or by a Federal Register notice, including certain TPS cases. Because this area is changing, check the USCIS automatic EAD extension page before relying on any extension.
How long is a work permit valid?
It depends on the category and on current USCIS policy. In late 2025, USCIS shortened the maximum validity period for several categories, including some pending green card, asylum and refugee-related categories. The validity dates are printed on the card itself.
When can an asylum applicant get a work permit?
Asylum applicants generally can apply for a work permit only after their asylum case has been pending for a waiting period set by regulation, and delays they cause can stop the clock. DHS proposed further changes to asylum work authorization in 2026, so the current rules should be confirmed on the USCIS I-765 page or with an attorney.
Can I travel with a work permit?
No, an EAD by itself is not a travel document. People with a pending green card application usually need advance parole before leaving the U.S., and some EAD cards are combined with advance parole. Leaving without the right document can have serious consequences.

Official sources

Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.