An Employment Authorization Document (EAD), commonly called a work permit, is a card issued by U.S. Citizenship and Immigration Services (USCIS) that allows certain noncitizens to work legally in the United States. Unlike visa-based work authorization tied to a specific employer, an EAD generally permits the holder to work for any employer - or to be self-employed - during the card’s validity period.

Not everyone needs an EAD. Some noncitizens are work-authorized based on their immigration status alone, such as lawful permanent residents and certain nonimmigrant visa holders. The EAD applies specifically to individuals who are not automatically authorized to work but fall into a category that makes them eligible to apply for that authorization. Understanding which category applies to you determines both whether you can apply and what supporting documents you will need.

Who Qualifies for an EAD

USCIS recognizes dozens of eligibility categories for EAD applicants, all listed in 8 C.F.R. § 274a.12. The most common groups include:

Asylum applicants and asylees. Someone who has filed a Form I-589 asylum application and has had it pending for at least 150 days - minus any delays caused by the applicant - may apply for an EAD under category (c)(8). Granted asylees and refugees receive work authorization automatically but often obtain an EAD card as physical proof.

Adjustment of status applicants. Individuals who have filed Form I-485 to become lawful permanent residents qualify under category (c)(9). This is one of the most commonly used categories and allows applicants to work while their green card application is pending.

Spouses of certain nonimmigrant visa holders. Spouses of E-1, E-2, E-3, H-1B, and L-1 visa holders may qualify for work authorization in categories (a)(17), (c)(26), or (a)(18), depending on the specific visa type. Spouses of H-1B holders whose H-1B status has been extended beyond six years and who have an approved I-140 petition may qualify under the more favorable (a)(17) category.

Deferred Action for Childhood Arrivals (DACA) recipients. Those with DACA status apply under category (c)(33). As of mid-2025, DACA remains subject to ongoing litigation, and eligibility to apply for initial DACA grants has been restricted by court orders. Renewal applicants with existing grants may still submit renewal EAD applications.

Temporary Protected Status (TPS) holders. Individuals with TPS receive work authorization as part of their TPS designation, documented on an EAD issued under category (a)(12).

Certain student visa holders. F-1 students may apply for Optional Practical Training (OPT) or Curricular Practical Training (CPT), which require EAD cards under category (c)(3)(A) or (c)(3)(B). STEM OPT extensions under category (c)(3)(C) allow eligible graduates to extend their post-completion OPT by 24 months.

Other qualifying categories include parolees, applicants for cancellation of removal, and individuals with pending applications for registry. Each category has specific eligibility requirements, and applicants must select the correct category on Form I-765.

How to Apply: Form I-765

The application for an EAD is Form I-765, Application for Employment Authorization. The form itself is free to download from the USCIS website, but most applicants must pay a filing fee. As of early 2025, the standard filing fee is $520 for paper filings and $470 for online filings submitted through a USCIS online account. Some categories are fee-exempt, including adjustment of status applicants filing I-485 concurrently (the I-765 fee is bundled into the I-485 filing fee package), refugees, and certain others listed in the USCIS fee schedule.

Required supporting documents vary by category but typically include a copy of a government-issued photo ID, a copy of any prior EAD (if renewing), two passport-style photos, and evidence specific to the eligibility category - such as a copy of a pending I-485 receipt notice or proof of TPS designation. Applicants should submit the package to the correct USCIS lockbox facility, as the mailing address depends on both the eligibility category and the applicant’s state of residence. Filing online through a USCIS account is available for many categories and generally results in faster processing.

Biometrics and Automatic Extensions

Most adult EAD applicants are required to appear for a biometrics appointment at a USCIS Application Support Center (ASC). USCIS schedules this appointment and mails a notice to the applicant after the initial filing is accepted. Missing a biometrics appointment without requesting a reschedule can result in denial of the application.

An important provision for renewal applicants: under 8 C.F.R. § 274a.13(d), individuals in certain categories who timely file an EAD renewal before their current card expires may receive an automatic 180-day extension of their existing work authorization while the renewal is pending. The eligible categories for this automatic extension include (a)(12) TPS holders, (c)(9) adjustment of status applicants, and others listed in USCIS policy guidance. The existing EAD card combined with the I-797 receipt notice for the renewal serves as proof of continued work authorization during that extension period.

Processing Times and What Affects Them

USCIS publishes processing times by form and field office on its website at uscis.gov/processing-times. As of early 2025, Form I-765 processing times range considerably based on the filing method and eligibility category.

For most categories filed on paper, USCIS estimates processing times of approximately three to five months. Online filings tend to run somewhat faster. Certain high-volume categories, particularly (c)(9) adjustment of status applicants, have historically experienced longer wait times because of the overall volume of I-485 filings. The USCIS processing time tool reflects 80th percentile processing times, meaning 80% of cases are completed within the stated timeframe - not a guaranteed deadline.

Applicants can check the status of a pending I-765 using the receipt number provided on the I-797 Notice of Action through the USCIS case status tool. If a case exceeds the published processing time, applicants may submit a case inquiry through the USCIS online portal or call the USCIS Contact Center at 1-800-375-5283. USCIS also allows applicants to submit an outside normal processing time service request online once the estimated timeframe has passed.

Premium Processing

As of 2024, USCIS does not offer premium processing for Form I-765 as a standalone application. However, certain concurrent filings or associated petitions may affect overall timelines. For example, H-4 EAD applications filed alongside an H-4 status extension are not eligible for premium processing on the EAD component, even if the H-4 extension itself is premium processed via Form I-539.

Congress has periodically considered legislation to allow premium processing for EADs, but no such provision was enacted as of early 2025. Applicants who need to work quickly should file as early as the applicable rules allow - renewal applicants in automatic extension-eligible categories, for instance, should file no later than 180 days before card expiration.

After Approval: Card Validity and Renewal Timing

An approved EAD is typically valid for one to two years, depending on the eligibility category. USCIS determines the validity period; applicants cannot request a longer card. TPS-based EADs are generally issued to align with the TPS designation period, while OPT-based cards reflect the approved training period. Adjustment of status applicants typically receive cards valid for one year, renewable until the I-485 is adjudicated.

USCIS recommends filing a renewal EAD application 180 days before the current card expires. Filing earlier than 180 days prior is generally not permitted and may result in rejection. Applicants in automatic extension-eligible categories who file within that 180-day window are entitled to continued work authorization even if the card physically expires before the renewal is approved.

To verify work authorization during employment onboarding, employers use Form I-9. An EAD card is a List A document, meaning it satisfies both identity and work authorization requirements on its own - no additional documents are needed alongside it for I-9 purposes.

This article provides general information only. Readers should consult a licensed immigration attorney for guidance specific to their circumstances.