How to Get a U.S. Work Permit: EAD and Form I-765

How to Get a Work Permit in the U.S. | EAD, Form I-765 and Work Visa Options in 2026

Working in the United States can help you support your family and plan for a more stable future. But before you accept a job, you need to know if your immigration status allows you to work.

Some people can apply for a work permit through U.S. Citizenship and Immigration Services (USCIS). Others need an employer to sponsor a work visa. In some cases, a person's immigration status already gives them permission to work.

The right option depends on your immigration law history and current situation. This guide explains how to get a work permit in the USA, who may qualify, how to file Form I-765, and what to know about work visas and renewals.

How can you get a work permit in the United States?

A U.S. work permit is usually an Employment Authorization Document (EAD). It is a card issued by USCIS that shows you have permission to work in the United States.

Many eligible immigrants apply for an EAD by filing Form I-765, Application for Employment Authorization. However, not everyone needs this card. Some people can work because of their immigration status. Others need a work visa tied to a specific job or employer.

There are three common ways to get U.S. work authorization:

• Applying for an EAD: Some immigrant visas application can request a work permit based on their current status or a pending application.

• Get an employer-sponsored work visa: Some foreign nationals need a U.S. employer to file a petition before they can work.

• Work through an existing immigration status: Refugees, asylees, lawful permanent residents, and certain temporary workers may already have permission to work.

• The key is to find out which option applies to you. Filing Form I-765 does not create work authorization if you do not qualify for an eligible category.

Who may qualify for a U.S. work permit?

Work permit eligibility depends on your immigration status and the type of application you have filed. Some people who may qualify for an EAD include:

• Asylum applicants: Certain people with a pending asylum application may apply after meeting the required waiting period and other rules.

• People granted asylum or refugee status: They are generally authorized to work based on their status. An EAD can serve as proof of that authorization.

• Temporary Protected Status (TPS) applicants and recipients: Some people with TPS may qualify for USCIS employment authorization.

• DACA recipients: People with approved Deferred Action for Childhood Arrivals may qualify for an EAD.

• Green card applicants: Certain people with a pending Form I-485 may apply for a work permit while waiting for a decision.

• Certain VAWA, U visa, and T visa applicants: Some people in these humanitarian immigration processes may qualify, depending on their case and the stage of the process.

• Certain parolees: Some people who entered the United States through parole may qualify to request an EAD.

These are examples, not a complete list. A pending immigration application does not always give you permission to work. Your eligibility depends on the rules for your specific category and applicable USCIS requirements.

What is the difference between a work permit and a work visa?

A work permit and a work visa can both allow someone to work in the United States, but they are not the same:

• A U.S. work permit (EAD) usually is requested through Form I-765.

• An Employment-based work visa often involves Form I-129 or another employment petition.

For example, a person with a pending green card application may qualify for an EAD (employment based green cards). A foreign national offered a specialty occupation job may need an H-1B visa instead.

Having a job offer does not automatically give you permission to work. You must have the work authorization or visa required for your situation.

What are the main types of work visas in the USA?

Some foreign nationals need a temporary work visa to accept a job in the United States. The right visa category depends on the job, the employer, the worker's qualifications, and other legal requirements.

Common types of temporary employment visa classifications include:

• H-1B: For certain specialty jobs that require specialized knowledge and a qualifying degree or equivalent.

• H-2A: For temporary or seasonal agricultural jobs.

• H-2B: For temporary nonagricultural jobs.

• L-1: For certain employees transferring from a foreign office to a related U.S. company.

• O-1: For people with extraordinary ability or achievement in fields such as science, business, education, arts, or athletics.

• TN: For eligible Canadian and Mexican professionals working in certain occupations under the USMCA.

• E-1 and E-2: For qualifying treaty traders and investors.

• J-1: For people taking part in approved exchange visitor programs.

Many temporary work visas require an employer to file a petition with USCIS. Some also require a step with the U.S. Department of Labor before the employer submits the petition.

The rules vary by visa. A work visa may also limit the type of job you can perform or the employer you can work for.

How to apply for a work permit through Form I-765?

If you qualify for an EAD, you may need to file Form I-765 with USCIS. The application process has several steps.

Step 1: Check your eligibility

First, identify the immigration category that allows you to apply.

For example, a person with a pending Form I-485 may use a different category from an asylum applicant. You must enter the correct category on Form I-765.

Choosing the wrong category or filing before you qualify may lead to delays or a denial.

Step 2: Complete Form I-765

Provide the information requested on the application. This includes your name, address, immigration details, and eligibility category.

Use the current form and instructions. USCIS may update its filing rules, so avoid using an old copy. Official resource: USCIS Form I-765 and filing information

Step 3: Gather your supporting documents

The documents you need depend on your eligibility category. You may need:

• A copy of your passport or another identity document.

• Your most recent Form I-94, if applicable.

• A copy of a previous EAD, if you are renewing or replacing it.

• Proof of your current immigration status.

• A receipt notice for a pending immigration application, if required.

• Other documents listed in the instructions for your category.

Review the document list carefully before filing. Missing or incorrect supporting documentation can delay your application.

Step 4: Pay the filing fee, if required

The cost of an EAD application depends on your category and filing method. Some applicants may qualify for a fee exemption or fee waiver.

Do not rely on a fee amount from an older article. Check the Form I-765 instructions and fee information before submitting your application.

Step 5: Submit your application

Some applicants can file Form I-765 online. Others must send a paper application to the address listed in the USCIS instructions.

Follow the filing instructions for your category. Keep a copy of your application and all supporting documents.

Step 6: Track your case and wait for a decision

After USCIS receives your application, it generally sends a receipt notice. Keep it so you can check your case status.

USCIS may also ask for more evidence or schedule a biometrics appointment.

If your category requires approval before you can work, wait until USCIS approves your employment authorization. Filing an EAD application alone does not give you permission to accept a job.

How long does it take to get a work permit in the U.S.?

There is no single processing time for every EAD application. USCIS processing times depend on your eligibility category, the office handling your case, and the number of applications being reviewed.

For example, an EAD based on a pending asylum application may take a different amount of time from one based on a pending green card application.

To check your estimated processing time:

• Visit the USCIS Case Processing Times page.

• Select Form I-765.

• Choose the category that matches your application.

• Follow the instructions to view the current estimate.

Processing times can change. Check the USCIS website for the latest information instead of relying on estimates from older articles.

Can you renew your work permit?

Some EAD categories allow renewal by filing another Form I-765. The renewal rules depend on the category listed on the card and the person's current immigration situation.

Pay close attention to your EAD's expiration date. Do not assume that filing a renewal automatically lets you keep working.

A rule change took effect on October 30, 2025. Many EAD renewal applications filed on or after that date no longer receive an automatic extension of work authorization while USCIS reviews the renewal. Limited exceptions may apply under specific laws or government notices.

Some eligible renewal applications filed before October 30, 2025, may still fall under the previous extension rules. Check the current USCIS guidance before relying on an automatic extension.

If your work permit is close to expiring, review your renewal options early. A gap in employment authorization may affect your ability to continue working.

What should you know before applying for a U.S. work permit?

Before filing an application or accepting a job, keep these points in mind:

• Not everyone qualifies for an EAD. You must meet the rules for an eligible immigration category.

• A pending application does not always allow you to work. Check whether your specific status or application provides employment authorization.

• A work permit is not a green card. An EAD gives you permission to work for the period allowed. It does not give you permanent residence.

• Some work visas have employer limits. You may need a new petition or approval before changing jobs.

• Working without permission can cause immigration problems. Unauthorized employment may affect future immigration benefits, depending on your situation and any applicable exceptions.

• Renewal rules can change. Always check the current USCIS instructions and your card's expiration date.

If you are unsure whether you can legally work, get clear information about your immigration status before accepting employment or filing an application.

Frequently asked questions about U.S. work permits

1. How can I get a work permit in the USA?

First, check whether your immigration status or pending application makes you eligible. If you qualify, you may need to file Form I-765 with USCIS and provide supporting documents. Some workers need an employer-sponsored visa instead.

2. Can I apply for a work permit without a job offer?

Yes. Some EAD categories do not require a job offer or employer work visa sponsorship. Your eligibility depends on your immigration status or pending application. Many employment-based work visas, however, require an employer to file a petition.

3. How much does a USCIS work permit cost?

The filing fee depends on your eligibility category and how you submit Form I-765. Some applicants may qualify for a fee exemption or waiver. Check the current USCIS fee schedule before filing.

4. Can I work while my EAD application is pending?

Not automatically. Filing Form I-765 does not give you permission to work. Some people already have work authorization through their immigration status. Others must wait for USCIS to approve their EAD.

5. How long is a U.S. work permit valid?

The validity period depends on your immigration category and the approval granted by USCIS. Check the expiration date on your EAD card and the rules for your category.

6. Can I renew my work permit before it expires?

Some people can renew their EAD by filing Form I-765. The rules for automatic extensions changed on October 30, 2025, and many renewals filed on or after that date no longer receive an automatic extension. Check the rules that apply to your category before relying on continued work authorization.

7. Can I get a work permit while my green card application is pending?

Some people with a pending Form I-485 may qualify to apply for an EAD under category (c)(9). The immigration work permit and green card applications are separate. Approval of one does not guarantee approval of the other.

8. Can I get a work permit if I am undocumented?

There is no general work permit for everyone living in the United States without lawful immigration status. However, some people may qualify through another immigration process or specific form of relief. Your history and current circumstances matter, so it is important to review your options before filing.

Understand your work authorization options with Elizabeth Rosario Law

Getting a work permit application in the United States can be an important step toward supporting your family. But the right process depends on your immigration history, current status, and any applications you have filed.

At Elizabeth Rosario Law, our immigration team helps individuals understand their circumstances and explore possible immigration options. We provide bilingual services and assist clients throughout the United States.

If you have questions about an EAD, Form I-765, or an employment-based immigration option, we can help you understand what questions to ask and what steps may be available.

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