How to get or renew a work permit and work while your case is pending

This page explains how to get and renew a work permit, called an Employment Authorization Document or EAD. It is general information, not legal advice.

Can I work while my case is pending?

Only if you have permission. For most people, that means a valid work permit card. A pending application, by itself, is not permission to work.

Some people can work because of their status alone, such as green card holders, refugees and asylees, and U visa or T visa holders after approval. Everyone else must apply for a work permit and wait for it.

You have rights at work no matter your status, including the right to be paid. See Your rights at work, with or without papers.

Who can get a work permit?

You apply on Form I-765 and choose a "category" that matches your case. Common ones:

Validity periods come from the USCIS Policy Manual, current as of October 2, 2026.

U and T visas: principal U and T holders get a card when status is approved, without filing an I-765. Family members living in the U.S. must file one. USCIS may also give work permits to people with a pending U or T case that passes a first review. See What you get while your U visa is pending or approved.

How do I apply?

1. Pick your category. Write it in Part 2, Item 27 of the I-765. A wrong category can mean a denial.
2. Gather proof of your case. For example, your I-485 or I-589 receipt notice, your TPS approval, or your parole papers. USCIS lists required evidence on the I-765 page.
3. File online or by mail. Online filing works for many categories and lets you track your case. If you mail it, use the current address for your category and keep copies of everything.
4. Pay the right fees. Some categories now have two fees: the filing fee and a separate federal fee under a 2025 law (Public Law 119-21). The federal fee cannot be waived. On paper, pay by card on Form G-1450 or from a bank account on Form G-1650. A request postmarked on or after October 16, 2026 without the new fee will be rejected.
5. Sign it. USCIS rejects unsigned forms.
6. Go to your fingerprint appointment if USCIS sends you one.

Filing for a green card? You can send the I-765 together with your I-485, or later with a copy of your I-485 receipt. If you filed your I-485 with a fee on or after April 1, 2024 and it is still pending, the work permit fee is $260. If you filed and paid between July 30, 2007 and March 31, 2024 and it is still pending, there is no fee.

What if my case is asylum?

You cannot apply on the day you file for asylum. The rule is called the "180 day asylum EAD clock."

• You may file your I-765 150 days after you filed your asylum application.
• USCIS cannot give you the card until 180 days have passed.
• Delays you ask for or cause stop the clock. That includes asking to move an interview or a hearing.
• If the asylum office sends a Recommended Approval notice, you do not have to wait. File with a copy of the notice.
• The first asylum work permit has no filing fee but a $570 federal fee. A renewal costs $520 on paper or $470 online, plus $275.

In February 2026, the government proposed a rule that would make asylum seekers wait 365 days and bar some groups. A Federal Register search on October 21, 2026 found no final rule. The current rules still apply. See What if my case is asylum? (Work permit guide) and Asylum: the complete guide.

When should I renew?

USCIS generally recommends filing a renewal up to 180 days before your card expires. It also says to file at least 90 days before. Do not wait for the last weeks.

What if my card expires before the new one comes?

This is the biggest change. For many years, some renewals got an automatic extension while USCIS decided. That ended for renewals filed on or after October 30, 2025. A final rule published October 14, 2026 made the change permanent.

What this means:

• If your card expires, you must stop working until the new card comes, unless something else gives you permission to work.
• TPS is different. The government sometimes extends TPS work permits in a Federal Register notice for a country. Check the notice for yours. For El Salvador, Ukraine, Sudan and Lebanon, we found no new Federal Register notice since May 29, 2026; DHS told reporters on October 19, 2026 that holders keep their protection, and no new end date has been published. See Which countries have TPS now and how to renew.
• DACA cards were never automatically extended. See My DACA renewal is late and my work permit is about to expire.

If a gap is coming, ask whether you qualify for an expedited request, and plan with your family. See Lost a job and cannot get unemployment? Other help and What happens to my job when my work permit ends.

What happens after I file?

• Receipt notice. USCIS mails one after it accepts your form. Keep it.
• Fingerprints, if USCIS asks.
• Decision. Processing times vary by category. Check the USCIS processing times page.
• The card. After approval, USCIS says the card should be made within 2 weeks and mailed by USPS Priority Mail. Allow 30 days from approval before you ask about it.
• Keep your address current. If you move, update USCIS and the post office. A wrong address can lose your card. See How to tell USCIS you moved.

What mistakes should I avoid?

• Working without permission. The law bars many people who worked without authorization from getting a green card inside the U.S. Spouses, parents and unmarried children under 21 of U.S. citizens are excused from that bar, but the record can still count against you. Get a screening before you apply. See Can I still apply for a green card inside the US after the May 2026 memo?
• Wrong form edition or category. Use the 08/21/25 edition and the category that matches your case.
• Missing papers. Since August 5, 2026, USCIS can deny a request that is missing required evidence without first asking you for it.
• Old fees. Fees changed October 16, 2026.
• Paying a notario to "get you a permit." Only lawyers and DOJ accredited representatives may give immigration legal advice. See Warning signs of an immigration scam.

Questions people ask us

My green card case is pending. Can I travel? Leaving without advance parole usually ends your I-485. Even with advance parole, travel can trigger a bar if you have past unlawful presence. Talk with a lawyer first. See The 3 and 10 year bars.

My card was lost or stolen. File a new I-765 to replace it, with the fee for your category. If USCIS made an error on your card, or the card was never delivered because of a USCIS or postal error, you generally do not pay again.

Can I work for myself? Many people with a work permit can. The rules and the tax steps are on Earn money working for yourself with a work permit.

I have parole or deferred action. Is anything changing? A June 2026 proposed rule would limit work permits for some parolees, people with deferred action and people with an order of supervision. A Federal Register search on October 21, 2026 found no final rule.

My employer says my receipt is enough. A receipt notice is not a work permit unless an official rule says so for your case. Ask your employer to check, and ask a lawyer.

Who can help?

These are free or low cost nonprofits. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440
• Immigration Institute of the Bay Area, Redwood City: free first consultation by appointment, (650) 587-1558. No drop ins. Ask whether they can help with your work permit.
• Coastside Hope, Half Moon Bay: 650-726-9071, extension 229. Helps with work permits.
• Catholic Charities of Santa Clara County: (408) 468-0100
• SIREN, San Jose: (408) 453-3003
• Anywhere in California: the state's map of free immigration legal services, or call (916) 651-8017.

See Free or low cost legal help in the Bay Area.

Is there a checklist I can print?

Yes.

Waiting on a work permit is stressful when rent is due. File early, keep your papers in order, and lean on the people and groups around you. You are not alone in this.