A work permit in the United States allows certain foreign nationals to prove that they are authorized to work legally in the country. The best-known document is the EAD (Employment Authorization Document), issued by U.S. Citizenship and Immigration Services (USCIS).
However, not everyone is eligible to apply for one. Eligibility for an EAD depends on immigration status, applicable requirements, and, in some cases, a previously filed application or granted protection.
There are also important differences between obtaining a work permit for the first time, renewing it, and determining whether a person can continue working while USCIS processes their application.
In this guide , we explain who can apply for a work permit, how Form I-765 works, how long an EAD is valid, how to renew it, and what happens if it expires before you receive a decision. We also review the most recent changes to automatic extensions of employment authorization.
Table of Contents
What is the EAD work permit in the United States?
The Employment Authorization Document (EAD) is a card issued by USCIS that serves as proof that a person is authorized to work in the United States during the specified period.
It is also known as Form I-766. It generally contains the holder’s name, a photograph, the authorization category, and the document’s validity dates.
The EAD may be used as a List A document during employment eligibility verification using Form I-9, provided it meets the applicable requirements.
It is important to distinguish between three concepts:
- Work authorization: legal permission to work in the United States.
- EAD document: a card that serves as proof of employment authorization under certain circumstances.
- Immigration status: a person’s classification or status under immigration laws, which does not necessarily mean they have an EAD.
Obtaining an EAD does not automatically grant permanent residence or general protection against deportation. In addition, some people are already authorized to work based on their immigration status, without first needing approval of Form I-765.
For example, legal permanent residents can prove their authorization to work by presenting their Green Card. There are also categories, such as certain asylum seekers or nonimmigrants, whose authorization to work derives from the status they were granted.
Who can apply for a work permit in the United States?
To apply for an EAD, you must fall into an eligibility category recognized by USCIS. It is not enough to simply be physically present in the United States, have a job offer, or need financial support.
Some people are eligible because they have a pending immigration proceeding. Others may apply for the document because they have been granted a status, humanitarian benefit, or specific authorization.
These are some of the most important situations for immigrants and their families.
Work Permit While Asylum Application Is Pending
Individuals with a pending asylum application may be eligible to apply for an EAD under category (c)(8), provided they meet the relevant conditions.
As a general rule, the applicant may file Form I-765 after 150 countable days have elapsed since the filing of a complete asylum application. USCIS cannot issue an EAD on that basis until at least 180 countable days have elapsed, subject to applicable rules.
These timeframes are part of the so-called 180-day asylum clock. Certain delays requested or caused by the applicant do not count toward the required time period.
For example, requesting that an interview be rescheduled for a later date or failing to appear for certain appointments may affect the calculation, depending on the circumstances.
Filing an asylum application does not automatically grant work authorization. You must also verify whether there are additional eligibility requirements and which rules are in effect when you file Form I-765.
A person who has already been granted asylum is in a different situation: they are generally authorized to work because of their asylum status and can use documents accepted by USCIS to prove it.
TPS-Related Work Authorization
Temporary Protected Status (TPS) may allow certain individuals to work legally in the United States while their protection remains in effect.
Form I-765 can be used to apply for an employment authorization document under the appropriate category. However, the requirements, validity periods, and documentation rules depend on the legal status associated with each designation.
In particular, individuals with TPS should check whether there is a specific extension of their work authorization documents through a statutory provision or a notice published in the Federal Register.
Announcements regarding the extension, termination, or modification of TPS may affect the documentation accepted for employment, even when the date printed on a card differs from the date recognized under a special provision.
Therefore, it should not be assumed that all TPS beneficiaries have the same expiration date or identical renewal rights.
Work Authorization While Adjustment of Status Is Pending
Certain individuals with a pending application for adjustment of status may request work authorization while USCIS decides their permanent residency status.
For example, those who file Form I-485 to apply for a Green Card may be eligible to apply for an EAD under category (c)(9).
It is important to verify that Form I-485 was filed correctly and that the individual meets the requirements for the applicable employment category.
Having an approved Form I-130 or a pending family-based petition does not, by itself, grant authorization to work. Eligibility for an EAD must have an independent legal basis.
Work Permit Related to the U Visa
Victims of certain criminal activities who apply for or are granted U status may have options for employment authorization. However, these options vary depending on the stage of the proceedings.
A person with a pending I-918 petition may be considered for a bona fide determination (BFD). If USCIS determines that the requirements are met and that favorable discretion is warranted, it may grant deferred action and employment authorization.
There are also provisions regarding individuals on the U status waiting list, as well as specific rules for principal applicants and derivative family members whose status has been approved.
Primary U-1 beneficiaries who are granted that status within the United States are generally authorized to work based on that status and receive documentation from USCIS in accordance with applicable rules.
Filing a U visa application does not automatically result in deferred action, an EAD, or approved U status. Each benefit has its own requirements and evaluation process.
Work Authorization Related to the T Visa
Individuals who are granted T status due to certain human trafficking situations are subject to specific employment authorization rules.
The primary T-1 beneficiary is authorized to work based on their approved status. They may request that USCIS issue an EAD as evidence of that authorization by filing Form I-914 itself, in accordance with the instructions on the form.
Therefore, a principal beneficiary who correctly requests this document on Form I-914 does not necessarily need to file a separate Form I-765 to receive the initial EAD after approval.
However, certain dependent family members under the T-2 through T-6 classifications must apply for employment authorization using Form I-765 and meet the corresponding requirements.
The rules may also differ for a person whose application for T status is still pending and for someone whose protection has already been approved.
Submitting an I-914 application should not be confused with the employment authorization resulting from final approval.
Other Categories of Employment Authorization
USCIS recognizes other categories, including some related to deferred action, VAWA, certain temporary stay permits, family members of foreign workers, students, and other immigration classifications.
However, not all of these categories automatically grant authorization. In some cases, the individual needs a favorable decision from USCIS; in others, authorization derives from a status, and the EAD is used primarily as a document of evidence.
The conditions are detailed in the official instructions for Form I-765.
How do I apply for a work permit using Form I-765?
Form I-765, Application for Employment Authorization, allows certain foreign nationals to apply for employment authorization or a document proving that they have such authorization.
The procedure and required documentation vary depending on the immigration category. However, the following steps generally must be followed.
General Steps for Applying for an EAD
- Identify the correct category: Before submitting the form, determine under which legal provision you may request work authorization.
- Gather the required documentation: Prepare the identification documents, immigration records, photographs, and supporting documents required for your classification.
- Complete Form I-765: Use the version accepted by USCIS and provide information that is consistent with the documents in your file.
- Check the rates: The amounts, exemptions, and exceptions depend on the category and the current rules.
- Check the submission method: Some categories allow you to submit the form online, while others require a paper submission.
- Submit your application correctly: Follow the instructions regarding where to submit it, the required documentation, and any applicable fees.
- Follow up on your case: keep your receipt number, respond to any requests, and attend any appointments scheduled by USCIS.
A person applying for an EAD for the first time does not necessarily have to submit the same documents as someone who is renewing a previous card.
Furthermore, receiving an I-797C notice of receipt does not mean that the employment authorization has been approved.
You can find the current instructions and information on the USCIS website: Form I-765.
What documents can be requested?
The documentation may include a copy of a previous EAD, identification document, I-94 record, approval notices, receipts for pending immigration applications, and other documents required for the applicable category.
For some applications, you must also explain the basis for eligibility, provide evidence of an immigration benefit, or attach documentation related to a pending petition.
USCIS may reject an incomplete application or request additional information when the requirements are not sufficiently documented.
Therefore, the first step should not simply be to fill out the form, but rather to confirm which category actually applies to the applicant.
How long does it take for USCIS to approve a work permit, and how long is it valid?
There is no single approval timeframe for all work permit applications. Processing times may vary depending on the eligibility category, the type of application, the required verifications, and USCIS’s caseload.
For example, an EAD based on a pending I-485 application may have different processing times than a document related to asylum, TPS, deferred action, or humanitarian protection.
It is also important to distinguish between the time it takes USCIS to decide on Form I-765 and the time required to receive a decision on the immigration benefit that serves as the basis for the authorization.
You can check the official estimates on the USCIS processing times tool.
The published processing times are estimates based on the agency’s data and do not guarantee that a specific application will be processed within a specific time frame.
How long is an EAD valid?
The validity period depends on the category of authorization and the applicable provisions in effect when USCIS issues the document.
Not all work permits have the same duration. Some cards are tied to the validity period of an immigration benefit, while others have set periods for specific categories.
The rules regarding maximum validity periods may also change. For that reason, it is not advisable to use a number of years that was applicable to a category in the past as a reference.
Check the expiration date of your EAD and the specific instructions for your classification. If there is a special provision that extends the document’s validity, verify that it actually applies to your situation.
How do I renew my work permit in the United States?
If your EAD is about to expire and you remain eligible, you may need to file a renewal application using Form I-765.
The process is not simply a matter of applying for another card. In many categories, it is necessary to demonstrate that there is still a legal basis for the work authorization.
Before submitting a renewal, please review the following:
- Expiration date: Check the expiration date printed on your card and see if there are any special rules that apply.
- Authorization category: Determine whether you are still eligible under the same classification.
- Filing Period: Consult the official instructions to find out when you can renew.
- Required documents: Prepare proof of your previous EAD and of your continued eligibility.
- Fees and exemptions: Check the current provisions for your category.
- Possible extensions: Check to see if there are any rules that would extend your authorization or documentation while your application is being processed.
In many situations, it is advisable to prepare for renewal in advance. However, this does not mean that all categories accept applications at any time, nor does submitting them early guarantee continued employment.
It is also important to distinguish between renewal and replacement. If a card has been stolen, lost, damaged, or contains an error, a replacement procedure may be required instead of a renewal due to expiration.
A pending renewal application does not, in and of itself, guarantee that the person will be able to continue working after their authorization expires.
What happens if my work permit expires while I’m waiting for it to be renewed?
If your EAD expires before USCIS makes a decision on your renewal, it is important to verify whether you still have employment authorization under any applicable legal provisions.
In categories where authorization depends on a valid and approved EAD, the expiration date may affect one’s ability to continue working legally.
However, some people may be authorized to work because of their immigration status or may have documentation whose validity was extended under a special provision.
This distinction is important because an expired card does not mean exactly the same thing across all categories.
To determine whether you can continue working, at least the following factors should be considered:
- The eligibility category listed on your EAD.
- The date USCIS received your renewal application.
- The validity period of your benefit or underlying immigration status.
- Any notices you received from USCIS.
- Any applicable statutory provisions or Federal Register notices.
- Documentation acceptable for Form I-9 purposes.
You should not assume that an I-797C notice allows you to continue working after it expires. Its effect depends on the category and the applicable rules.
Automatic Extension of the EAD: What Rules Are in Effect in 2026?
Regulatory information verified as of November 5, 2026.
The rules regarding automatic extensions of employment authorization documents changed significantly between 2025 and 2026.
On October 30, 2025, the Department of Homeland Security (DHS) published an interim final rule that eliminated certain automatic extensions related to EAD renewals.
Subsequently, on October 14, 2026, DHS issued a final rule that adopted the 2025 provisions without modification.
As a result, for the affected categories, submitting an application to renew the EAD on or after October 30, 2025, does not automatically result in an extension of the employment authorization or the document’s validity.
This represents a significant change from the previous rules, which allowed for automatic extensions of up to 540 days for certain individuals who submitted eligible renewal applications in a timely manner.
What does this change mean for those who are renewing their EAD?
People affected by the new rule should not assume that they can continue working after the expiration date simply because they submitted their renewal on time.
In certain categories, an individual may need to obtain new approval before continuing to work if their previous authorization has expired and there is no special provision that maintains their eligibility to work.
The rule also establishes significant differences based on the date the renewal was filed.
| Situation | Main Consideration |
|---|---|
| Renewal submitted before October 30, 2025 | Certain applications may retain an automatic extension obtained under the previous rules, provided they met the requirements. |
| Renewal filed on or after October 30, 2025 | In the affected categories, the mere filing of the application does not result in an automatic extension. |
| TPS-Related Documentation | There may be special extensions established by law or Federal Register notices. |
| Authorization Based on Immigration Status | Some people may continue to be authorized to work based on their immigration status, although they must verify which documents they can use to prove it. |
Are there any exceptions to the removal of automatic extensions?
Yes. The rule does not eliminate all possible extensions in every immigration category.
The regulations provide for situations that must be evaluated separately, including:
- Extensions obtained before the change: Some individuals who filed eligible renewal applications before October 30, 2025, may retain the automatic extension to which they were entitled under the previous rules.
- Specific TPS provisions: Certain extensions may exist by statutory mandate or through notices published in the Federal Register for employment documentation related to a particular designation.
- Authorizations Derived from Status: Certain classifications allow individuals to work based on their immigration status, although they must provide acceptable documentation to demonstrate their eligibility to an employer.
These situations should not be confused with one another. A special documentary extension does not necessarily mean that anyone with a pending application can work.
Similarly, the rules applicable to a specific TPS designation should not automatically extend to beneficiaries from other countries or to individuals with different immigration statuses.
You can consult the final rule published by DHS on October 14, 2026, which amends and confirms the provisions of 8 CFR 274a.13.
How can I check if my work permit has a valid extension?
Before assuming that your EAD is still valid, you should identify the category listed on your card and check the date the renewal was filed.
It is also necessary to verify whether there is a notice in the Federal Register or another legal provision that specifically addresses your situation.
In certain cases, the documentation accepted for Form I-9 may include a combination of documents, but this depends on the applicable provisions and employment verification requirements.
If you are unsure whether you have a valid extension, you should not rely solely on information from social media, dates on a previous card, or the fact that you have a pending application.
To answer this question, we need to review your documentation and the rules that apply to your category.
What should you do if USCIS delays or denies your work permit application?
Applications for employment authorization may be subject to delays, additional requirements, or unfavorable decisions.
If your Form I-765 is still pending, you can check the status of your case using the USCIS’s official case tracking system, using your receipt number.
You can also check the processing times for your category and determine whether you meet the criteria to file an inquiry about your case.
If USCIS sends you a request for additional evidence, you should carefully review the requested documents and the deadline specified in the notice.
What happens if USCIS denies Form I-765?
An application may be denied due to ineligibility, insufficient documentation, issues with the underlying immigration benefit, or other legal requirements.
The options depend on the category and the basis for the decision. Under certain circumstances, it may be possible to file a new application or to consider a motion or other authorized procedure.
Not all decisions can be appealed through the same channels. Therefore, it is important to review the specific notice from USCIS and the corresponding instructions.
Resubmitting the exact same application without addressing the reason for the denial does not guarantee a different outcome.
When an EAD is related to an asylum, residency, U visa, T visa, or other protection proceeding, it may also be necessary to review the status of that main case.
Frequently Asked Questions About Work Permits in the United States
¿Puedo trabajar en Estados Unidos porque presenté una solicitud migratoria?
No necesariamente. Presentar una solicitud migratoria no concede automáticamente autorización de empleo. Debe comprobar si existe una categoría que permita trabajar y cumplir sus requisitos.
¿Necesito una Green Card para obtener un EAD?
No. Existen diferentes categorías migratorias que permiten solicitar autorización de empleo sin tener residencia permanente. Sin embargo, cada una exige requisitos particulares.
¿Puedo solicitar permiso de trabajo si tengo asilo pendiente?
En determinadas circunstancias, sí. Generalmente se puede solicitar el EAD bajo la categoría (c)(8) después de 150 días computables desde la presentación de una solicitud de asilo completa, pero no puede aprobarse antes de 180 días computables.
¿El permiso de trabajo me protege automáticamente de la deportación?
No. El EAD es evidencia de autorización de empleo, pero no equivale por sí mismo a residencia permanente ni concede protección general contra la deportación.
¿El recibo I-797C permite seguir trabajando si mi EAD venció?
No por sí solo. Su efecto depende de la categoría, la fecha de presentación y las reglas especiales aplicables. Desde el 30 de octubre de 2025 se eliminaron determinadas extensiones automáticas por renovaciones presentadas desde esa fecha.
¿Puedo renovar mi EAD mientras mi caso de inmigración sigue pendiente?
Puede ser posible si continúa siendo elegible bajo la categoría correspondiente. No obstante, la renovación no garantiza por sí sola una extensión automática del permiso de trabajo.
¿Qué hago si perdí mi tarjeta de permiso de trabajo?
Puede necesitar solicitar un reemplazo mediante el procedimiento de USCIS correspondiente. El proceso depende de la causa de pérdida o error y de su categoría de elegibilidad.
Legal assistance with applying for or renewing your work permit
Having authorization to work can be essential to the economic stability of an individual and their family in the United States.
However, the rules determining who can obtain an EAD, when it must be renewed, and whether one can continue working while an application is pending are not the same for everyone.
The situation can be particularly delicate when an employment authorization is related to an asylum case, TPS, a humanitarian petition, or an adjustment of status.
At Urbina Immigration Law, we help individuals and families understand the immigration procedures that may allow them to apply for work authorization and evaluate the legal options available based on their circumstances.
If you have questions about a pending renewal, a document that is about to expire, or the effects that a change in immigration status might have on your work permit, our team can review your situation.
Official sources and related resources
USCIS guidelines, rules regarding employment authorization, and the requirements for certain categories are subject to change. Before filing an application, it is important to consult the relevant official sources.
Official Sources
- USCIS — Form I-765, Application for Employment Authorization.
- USCIS — Official Instructions for Form I-765.
- USCIS — 180-Day Timer for Employment Authorization Based on Asylum.
- USCIS — Processing Times.
- USCIS — Specific Processing Information for Form I-765.
- Federal Register — Final Rule on the Elimination of Certain Automatic Extensions of the EAD, October 2026.
- USCIS — I-9 Central and Employment Authorization Verification.
Other Resources from Urbina Immigration Law
- Form I-485: How to Apply for Permanent Residency.
- How to Obtain a Green Card in the United States.
- U Visa in the United States: Requirements and Process.
This article provides general information about immigration procedures and work authorization in the United States. It does not constitute individual legal advice. Eligibility, forms, fees, the validity of documents, and rules regarding extensions are subject to change. Each person should verify the requirements that apply to their specific category and situation.
