Work Permits for Immigrants in the US: How to Apply for an Employment Authorization Document (EAD)

Last Updated: March 2026

One of the most common questions immigrants in the United States ask is: “How can I legally work in this country?” For many noncitizens who do not have a visa category that automatically authorizes employment, the answer is the Employment Authorization Document, commonly known as the EAD or work permit. This card, issued by U.S. Citizenship and Immigration Services (USCIS), proves that you are authorized to work in the United States for a specific period. Whether you are an asylum applicant waiting for your case to be heard, a DACA recipient, a TPS holder, or someone with a pending green card application, understanding the EAD process is essential. This guide walks you through everything you need to know about applying for an EAD in 2026, including eligibility, the application process, processing times, and what to do if your current work permit is about to expire.

What Is an Employment Authorization Document (EAD)?

An Employment Authorization Document (EAD) is a credit-card-sized document issued by USCIS that serves as proof that the holder is authorized to work in the United States. The EAD is typically issued as Form I-766 and contains:

• Your photograph
• Your name and date of birth
• Your A-number (alien registration number)
• Your EAD category code
• The validity period (start and expiration dates)
• A USCIS number and card expiration date

EAD vs. Other Work Authorization

It is important to understand that not everyone who can work in the U.S. needs an EAD. Here is how different types of work authorization compare:

Who Is Eligible for an EAD?

USCIS issues EADs to individuals in many different immigration categories. The most common eligibility categories include:

1. Pending Adjustment of Status (Category C09)

If you have filed Form I-485 (Application to Register Permanent Residence or Adjust Status) and your case is pending, you may apply for an EAD. This is one of the most common EAD categories and applies to people seeking a green card through family, employment, or other qualifying categories.

2. Asylum Applicants (Category C08)

If you have filed an application for asylum (Form I-589) and your case has been pending for 180 days or more without a decision, you may be eligible to apply for an EAD. Key points:

• The 180-day clock starts from the date your complete asylum application was filed
• Certain delays caused by the applicant may stop the clock
• The EAD is valid for a limited period and must be renewed if the asylum case remains pending

3. Asylees and Refugees (Categories A03, A04, A05)

Individuals who have been granted asylum or admitted as refugees are authorized to work incident to their status. Refugees receive work authorization upon admission, and asylees receive it upon the grant of asylum. Both can apply for an EAD as evidence of this authorization.

4. DACA Recipients (Category C33)

Recipients of Deferred Action for Childhood Arrivals may apply for an EAD as part of their DACA application or renewal. The EAD is valid for the same period as the DACA grant (typically two years). Note that DACA policy has been subject to significant legal challenges — consult with an experienced immigration attorney for the most current information on DACA eligibility and renewals.

5. Temporary Protected Status (TPS) Holders (Category A12 or C19)

Individuals with TPS designation are eligible for an EAD. TPS is granted to nationals of certain countries experiencing armed conflict, environmental disasters, or other extraordinary conditions. As of 2026, countries with active TPS designations include (but are not limited to):

• Venezuela
• Haiti
• Ukraine
• El Salvador
• Honduras
• Nepal
• Somalia
• South Sudan
• Syria
• Yemen

6. VAWA Self-Petitioners (Category C31)

Victims of domestic violence who have filed a self-petition under the Violence Against Women Act may apply for an EAD once their petition has been approved or they have received a prima facie determination.

7. U Visa Applicants and Holders (Categories A19, A20, C14)

Victims of qualifying crimes who have applied for a U visa may be eligible for work authorization. Those on the U visa waitlist who have received a bona fide determination may also apply for an EAD.

8. T Visa Applicants and Holders (Categories A16, C24)

Victims of human trafficking who have been granted T visa status or have a pending T visa application with a bona fide determination are eligible for an EAD.

9. Other Eligible Categories

Additional categories include:

• F-1 students with Optional Practical Training (OPT) — Categories C03A, C03B, C03C
• J-2 dependents of exchange visitors — Category C05
• K-1 fiance(e) visa holders — Category A06
• Parolees granted employment authorization — Category C11
• Withholding of removal grantees — Category A10
• Certain H-4 spouses of H-1B holders who are beneficiaries of approved I-140 petitions — Category C26

Understanding EAD Category Codes

Your EAD will display a category code that identifies the basis for your work authorization. Understanding your code is important for employment verification and renewals.

Step-by-Step Guide: How to Apply for an EAD

Step 1: Determine Your Eligibility

Before filing, confirm that you fall into an eligible category. Review the list above or consult with a knowledgeable immigration attorney to determine which category applies to your situation.

Step 2: Gather Required Documents

The documents you need will vary by category, but generally you will need:

For all applicants: – Completed Form I-765 (Application for Employment Authorization) – Two passport-style photographs (2×2 inches) – Copy of a government-issued identity document (passport, national ID, or birth certificate) – Copy of your most recent I-94 Arrival/Departure Record – Copy of your last EAD (if this is a renewal)

Category-specific documents:

Step 3: Complete Form I-765

Form I-765 is available for download from the USCIS website at www.uscis.gov. Key tips for completing the form:

1. Use the most current version — USCIS rejects forms that are not the latest edition
2. Enter your category code accurately in Part 2, Question 27
3. Answer every question — leave nothing blank (write “N/A” if not applicable)
4. Sign and date the form
5. If filing online, create a USCIS account at myAccount.uscis.gov

Step 4: Pay the Filing Fee (or Request a Fee Waiver)

As of 2026, the filing fee for Form I-765 varies by category:

Fee waivers (Form I-912): If you cannot afford the filing fee, you may request a fee waiver by submitting Form I-912 with your application. Fee waivers are available for applicants who:

• Receive a means-tested government benefit (Medicaid, SNAP, SSI, TANF)
• Have a household income at or below 150% of the federal poverty level
• Are experiencing financial hardship

Step 5: Submit Your Application

You can file Form I-765:

• Online through your USCIS account (recommended for faster processing)
• By mail to the appropriate USCIS lockbox facility (address depends on your category and location)

When filing by mail, use a trackable delivery service (USPS Priority Mail, FedEx, UPS) and keep proof of mailing.

Step 6: Biometrics Appointment

After USCIS receives your application, you may be scheduled for a biometrics appointment at a local Application Support Center (ASC). At this appointment:

• Your fingerprints will be taken
• Your photograph will be taken
• Your signature will be captured
• Bring your appointment notice and a valid photo ID

Step 7: Wait for a Decision

After biometrics, USCIS will process your application. You can track the status of your case online at egov.uscis.gov/casestatus using the receipt number from your I-797 notice.

Current EAD Processing Times (2026)

EAD processing times vary significantly depending on the category, the USCIS service center handling your case, and overall agency workload. As of early 2026, approximate processing times are:

Important: These are estimates only. Processing times change frequently. Check the USCIS processing times page for the most current information for your specific category and service center.

Expedite Requests

You may request expedited processing of your EAD if you meet certain criteria:

• Severe financial loss to a company or person
• Emergency situation
• Humanitarian reasons
• USCIS error
• Compelling U.S. government interest

To request an expedite, call the USCIS Contact Center at 1-800-375-5283 or submit an expedite request through your online account or through a congressional inquiry.

The 540-Day Auto-Extension Rule for EAD Renewals

One of the most important developments for EAD holders is the automatic extension rule. If you file a timely renewal application (Form I-765) before your current EAD expires, your existing work authorization is automatically extended while USCIS processes your renewal.

Key Details of the Auto-Extension

Categories That Qualify for Auto-Extension

The auto-extension applies to EAD renewals in the same category, including but not limited to:

• A03, A04, A05 (Refugees/Asylees)
• A07, A08 (N-8/N-9 dependents)
• A10 (Withholding of removal)
• A12, C19 (TPS)
• C09 (Adjustment applicants)
• C10 (Cancellation of removal applicants)
• C16 (Derivative beneficiaries of I-730)
• C26 (Certain H-4 spouses)
• C31 (VAWA self-petitioners)

Categories That Do NOT Qualify

Some categories are excluded from the auto-extension, including:

• C08 (Asylum applicants) — These EADs do not qualify for the automatic extension
• C33 (DACA) — DACA renewals follow their own process

Always verify your specific category’s eligibility with a knowledgeable attorney, as these rules can change.

What to Do If Your EAD Expires Before Your Renewal Is Processed

If your EAD is expiring and you have not yet received your renewal, take these steps immediately:

1. File for renewal as early as possible — You can file up to 180 days before your current EAD expires
2. Confirm you qualify for auto-extension — If your category is eligible and you filed a timely renewal, your work authorization continues for up to 540 days
3. Notify your employer — Provide your employer with:
4. Your I-797C receipt notice for the renewal application
5. Your expired EAD card
6. Explain that these together constitute valid List A documentation for I-9 reverification
7. Consider an expedite request if you have urgent circumstances
8. Contact a congressional representative — They can make inquiries on your behalf to USCIS
9. Do not stop working if you have valid auto-extension — You remain authorized

Employer Obligations

It is important to know that employers cannot:

• Fire you or refuse to employ you solely because your EAD card has expired if you have a valid auto-extension
• Demand specific documents beyond what is required for the I-9 form
• Discriminate against you based on your citizenship or immigration status

If you believe an employer is violating these protections, you can file a complaint with the Department of Justice’s Immigrant and Employee Rights Section (IER) at 1-800-255-7688.

How to Verify Work Authorization: The I-9 Process (From the Employee Side)

When you start a new job in the United States, your employer is required to complete Form I-9 to verify your identity and work authorization. Here is what you need to know from the employee’s perspective:

Completing Section 1

You must complete Section 1 of Form I-9 by your first day of work. You will need to:

1. Provide your full legal name
2. Provide your address
3. Enter your date of birth
4. Attest to your citizenship or immigration status
5. Provide your A-number or USCIS number (if applicable)
6. Provide your I-94 number (if applicable)
7. Enter your EAD expiration date (or write “N/A” if your EAD is auto-extended)
8. Sign and date the form

Presenting Documents (Section 2)

Within three business days of your start date, you must present original documents to your employer proving your identity and work authorization. You may present:

List A (proves both identity AND work authorization) — choose one: – U.S. Passport or Passport Card – Permanent Resident Card (green card) – Employment Authorization Document (EAD card, Form I-766) – Foreign passport with I-94 and work authorization endorsement

OR List B (identity) + List C (work authorization) — choose one from each:

Important Employee Rights in the I-9 Process

• Your employer cannot specify which documents you must present
• You choose which acceptable documents to show
• Your employer cannot reject documents that reasonably appear genuine
• Your employer cannot require more or different documents than specified on the I-9 form
• You do not need to present your EAD specifically — any valid List A document or valid List B + List C combination is acceptable

California-Specific Employment Protections for Immigrants

California provides some of the strongest employment protections for immigrant workers in the nation.

AB 450: Immigration Worksite Enforcement Act

Under California law (AB 450):

• Employers cannot allow immigration agents to access nonpublic areas of a worksite without a judicial warrant
• Employers cannot reverify work authorization beyond what federal law requires
• Employers must notify employees within 72 hours of receiving notice of a federal immigration inspection (I-9 audit)
• Employers cannot retaliate against employees for exercising their labor rights

Additional California Protections

Filing Complaints

If your rights as a worker have been violated in California, you can file complaints with:

• California Labor Commissioner’s Office (DLSE): (844) 522-6734
• Cal/OSHA (workplace safety): (800) 963-9424
• Department of Fair Employment and Housing (DFEH): (800) 884-1684
• U.S. Department of Labor: (866) 487-2365

Frequently Asked Questions About the EAD

Can I work while my EAD application is pending?

Generally, no — unless you have a valid auto-extension from a timely filed renewal, or you have a separate basis for work authorization (such as a valid work visa). Simply filing an initial EAD application does not authorize you to work.

How long is an EAD valid?

EADs are typically valid for one to two years, depending on the category. Some categories may receive longer validity periods. The expiration date is printed on the card.

Can I travel with an EAD?

The EAD is not a travel document. It does not authorize you to travel outside the United States or re-enter the country. If you need to travel internationally, you may need Advance Parole (Form I-131) or a valid visa. Traveling without proper documentation can have serious immigration consequences, including abandonment of your pending application. Always consult with an attorney before traveling internationally.

What if my EAD application is denied?

If your EAD application is denied, USCIS will send a denial notice explaining the reason. You may:

• File a motion to reopen or reconsider (Form I-290B)
• Reapply if the denial was due to a correctable error
• Consult with an immigration attorney to understand your options

Can my employer take my EAD card?

No. It is illegal for any person or entity to hold, confiscate, or destroy your immigration documents, including your EAD. If an employer or anyone else takes your documents, contact law enforcement and an immigration attorney immediately.

Do I need a Social Security Number with my EAD?

Yes, to work legally you will need a Social Security Number (SSN). You can apply for an SSN at the same time as your EAD by checking the appropriate box on Form I-765, or you can apply separately at your local Social Security Administration office after receiving your EAD.