Work permits (EAD): the complete guide

This guide is general information, not legal advice. Work permit rules depend on your exact category. If anything here does not match your papers, ask a lawyer or a DOJ accredited representative. Free help is listed below.

On this page

• What is a work permit, and do I need one?
• Who can get a work permit?
• Who can work without filing for a card?
• How do I apply?
• How much does it cost now?
• What if my case is asylum?
• What about DACA, TPS and parole?
• What happens after I file?
• When should I renew, and what if my card expires first?
• What if my card is lost, stolen, damaged or wrong?
• What can my employer ask for, and what can they not do?
• What mistakes should I avoid?
• What changed in 2025 and 2026?
• Who can help for free in the Bay Area?
• Questions people ask

What is a work permit, and do I need one?

A work permit is a card from USCIS that proves you are allowed to work in the United States. Its official name is Employment Authorization Document, or EAD. It is a plastic photo card, Form I-766. You ask for one on Form I-765.

You need one if your permission to work comes from a pending case or a special program, and not from your status itself. That includes most people with:

• A pending green card application
• A pending asylum application
• TPS, granted or pending
• Parole
• DACA
• A pending cancellation of removal case
• A final order of removal with an order of supervision

A pending case is not, by itself, permission to work. The card is. A receipt notice that says USCIS got your application does not let you work, unless an official rule says so for your exact case.

Your rights at work do not depend on this card. In California, if you work, you have the right to be paid for every hour, to take breaks, to be safe and to speak up, whatever your status. See Your rights at work in California: the complete guide.

No work permit and no case yet? You still have options to earn money and build a future. See Earning without a work permit: the complete guide.

Who can get a work permit?

You apply on Form I-765 and pick the "eligibility category" that matches your case. You write it in Part 2, Item 27 of the form. The category decides your fee, your filing address and how long your card lasts.

Here are the most common categories. Validity periods come from the USCIS Policy Manual, current as of October 2, 2026.

Getting the category right matters. A wrong category can mean a rejection, a denial or a lost fee. If you are not sure, ask before you file.

Your card ends when your basis ends. If your green card application is denied, for example, the reason for your (c)(9) card is gone. USCIS can end a work permit when the basis for it is no longer valid. Some endings happen automatically, with no notice.

What about people with no case? There is no work permit just for living here a long time. A permit always comes from a case, a status or a program. If you are not sure whether you qualify for anything, a free screening is the best first step. See Ways undocumented people may get a green card.

Who can work without filing for a card?

Some people are allowed to work because of their status. They do not need a work permit to be allowed to work. Green card holders show their green card. Others can still ask for a card as proof.

• Refugees and asylees are allowed to work because of their status. A first card for a refugee or an asylee has no fee.
• U visa holders. If USCIS approves your U visa as the main petitioner, it sends you a card. You do not file an I-765. Family members on your case who live in the U.S. must file an I-765.
• T visa holders. If USCIS approves your T visa as the main applicant, it sends you a card. Family members on your case who live in the U.S. must file an I-765.
• Pending U or T cases. USCIS may give deferred action and a work permit to people with a pending U or T case that passes a first review, called a bona fide determination. For T cases filed on or after August 28, 2024, USCIS strongly encourages filing the I-765 under (c)(40) at the same time as the T application.

See Could I qualify for a U visa? and Immigration options for survivors: the complete guide.

How do I apply?

You file Form I-765 with proof of your case and the right fee. Here is the order that works.

1. Find your category. Use the table above, your receipt notices and your approval papers. Write the category in Part 2, Item 27.
2. Get the right edition. Use the 08/21/25 edition from the I-765 page. If you print it, every page must be from the same edition, with the edition date showing at the bottom.
3. Gather proof of your case. For example, your I-485 or I-589 receipt notice, your TPS approval, your parole papers, or a copy of your current work permit, front and back. USCIS lists what each category needs in its checklist of required initial evidence.
4. Ask for a Social Security number on the same form, if you do not have one. Answer the Social Security questions in Part 2. Social Security can then mail your card without a separate office visit.
5. Choose online or paper. Online filing costs $50 less for most categories. Paper filing goes to the address for your category on the I-765 address page.
6. Pay the right fees. Some categories now have two fees: the USCIS filing fee and a separate federal fee under a 2025 law. On paper, pay by card with Form G-1450 or from a U.S. bank account with Form G-1650. See How much does it cost now?
7. Sign the form. USCIS rejects unsigned forms. Since July 10, 2026, USCIS may also reject or deny a request later if it finds the signature is not valid. Sign it yourself.
8. Keep a full copy of everything you send, and the mailing receipt or online confirmation.

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 notice.

What to bring together before you start:

• Your passport or ID, and any past work permit cards
• All receipt notices and approval notices for your case
• Two identical color passport style photos (every I-765 filer sends them). USCIS says photos must not be edited or retouched.
• Renewing? A copy of the front and back of your current or last work permit
• Your A number, if you have one
• A way to pay the fees

Mistakes to avoid: Using an old edition. Mixing pages from two editions. Leaving out proof of your case. Since August 5, 2026, USCIS can deny a request that is missing required evidence without first asking you for it. Check every item before you send.

How much does it cost now?

Most people pay $520 on paper or $470 online. Some pay less, some pay nothing, and some pay an extra federal fee on top. These fees took effect October 16, 2026. A request postmarked on or after that date without the right fee is rejected.

About the federal fee. It comes from a 2025 law, Public Law 119-21. It is paid separately from the filing fee. It cannot be waived, even if your filing fee is $0 or waived. It changes every year with inflation.

Can I get a fee waiver? Some people can ask USCIS to waive its own filing fee on Form I-912. For most forms, you must file on paper to ask for a waiver. The federal fee can never be waived. Read the I-912 instructions to see if your category qualifies.

DACA is different. A DACA renewal costs $605 on paper or $555 online in total. See How to renew DACA, step by step and Help paying the DACA renewal fee.

Where to find help paying: see Money to pay immigration fees.

What if my case is asylum?

You can apply for a work permit 150 days after you filed your asylum application. USCIS cannot give you the card until 180 days have passed. This is called the "180 day asylum EAD clock."

• Day 150: you may file your I-765 under (c)(8). If you file earlier, USCIS may reject it.
• Day 180: the earliest USCIS can issue the card.
• Delays you ask for or cause do not count. That includes asking to move your interview or a court hearing. Those days stop the clock.
• Recommended Approval. If the asylum office sends you a Recommended Approval notice, you do not have to wait 150 days. File right away with a copy of the notice.
• Fees. A first asylum work permit has no filing fee, but you must pay the $570 federal fee. A renewal costs $520 on paper or $470 online, plus $275.
• If your court case was dismissed or ended and you filed a new asylum application with USCIS, the I-765 page explains what proof to send for a new card or a renewal. Bring your new USCIS receipt and the court's dismissal order to a lawyer.

Once asylum is granted, you are allowed to work because of your status. A first card as an asylee, category (a)(5), has no fee.

A proposed rule could change this. In February 2026, the government proposed a rule that would make asylum seekers wait 365 days, pause new applications when asylum processing is slow, and add new bars. It is proposed: as of October 21, 2026, it is not final. The current rules above still apply.

See Asylum: the complete guide and How to start an asylum application.

What about DACA, TPS and parole?

Each of these has its own rules. Here is what is true today and where to read more.

DACA. USCIS still accepts and processes DACA renewals and the work permits that come with them. It accepts first time requests but does not process them, because of a court order. Current DACA and work permits stay valid until they expire, unless one is ended for a specific person. USCIS recommends filing your renewal 120 to 150 days before your DACA ends. DACA work permits have never been automatically extended. To replace a lost, stolen or damaged DACA card that has not expired, file only an I-765, check box 1.b, and include proof that you have DACA, such as your latest approval notice. Do not send an I-821D with it. See DACA: the complete guide and My DACA renewal is late and my work permit is about to expire.

TPS. A TPS work permit lasts up to 1 year, or until your country's TPS ends if that is sooner. The government sometimes extends TPS work permits for a whole country in a Federal Register notice. Those extensions are the main exception to the end of automatic extensions. Several countries' TPS ended in 2025 and 2026, and some are in court. Check your country's page before you rely on any date. See Which countries have TPS now, and how to renew and If your country's TPS is ending.

Parole. A parole work permit lasts up to 1 year, or until your parole ends if that is sooner. When you file, send proof that your parole is current. A first card costs $520 or $470 plus a $570 federal fee. In June 2026, the government proposed a rule that would limit work permits for many parolees, people with deferred action and people with an order of supervision. It is proposed: as of October 21, 2026, it is not final. See TPS and parole: the complete guide and I got a notice ending my parole.

What happens after I file?

USCIS sends a receipt, may take your fingerprints, decides, and mails your card. Here is each step.

1. Receipt notice. USCIS mails a receipt notice (Form I-797C) after it accepts your form. Keep it safe. Your receipt number lets you check your case online.
2. Fingerprints and photo, if USCIS asks. Go to your appointment. Missing it can delay your case.
3. Request for evidence, if USCIS needs more. Answer by the deadline on the notice.
4. Decision. Processing times change by category and office. Check the USCIS processing times page for your form and category.
5. 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 USCIS about it. Use Case Status Online to find your USPS tracking number.
6. Your Social Security card. If you asked for one on the I-765, Social Security says it mails the card, usually within 7 business days after you get your work permit. If it does not come, contact Social Security at 1-800-772-1213 or a local office. If you did not ask on the form, take your new work permit to a Social Security office in person.

Keep your address current. If you move, tell USCIS within 10 days, ideally through your online account, and enter the receipt number for each pending case. A change with the Post Office does not update USCIS. A card sent to an old address can be lost, and you may have to pay again. See How to tell USCIS your new address.

If USCIS denies your application. There is no appeal of a work permit denial. You may file a motion to reopen or reconsider, and you may file a new I-765 if you can show you qualify. Read the denial notice carefully and take it to a lawyer before you file again.

If your case is taking too long. You can ask USCIS to speed it up, called an expedite request. USCIS decides case by case. Losing your job may count as severe financial loss, depending on your situation. The need to work, on its own, is not enough. Urgency caused by filing late does not count. Ask by calling the USCIS Contact Center at 800-375-5283 or through your online account. There is more on this in How to speed up a DACA case, and the steps are similar for other cases.

When should I renew, and what if my card expires first?

File your renewal up to 180 days before your card expires. USCIS also says to file at least 90 days before. Our advice: put the 180 day date on your calendar and file then.

This is the biggest change in years. For a long time, many renewals got an automatic extension while USCIS decided. That ended for renewals filed on or after October 30, 2025. A final rule took effect October 14, 2026 and made it permanent.

What this means for you:

• If your card expires before the new one comes, you must stop working until it arrives, unless something else gives you permission to work.
• Your employer must check again no later than the day your card expires. If you cannot show a valid document then, your employer may no longer employ you. See What can my employer ask for?
• Extensions you already got still count. Cards that were automatically extended before October 30, 2025 keep that extension.
• TPS is the main exception. The government can still extend TPS work permits for a country by Federal Register notice. Check the notice for your country.
• DACA cards were never extended. Renew 120 to 150 days ahead.

Filing early does not cost you time. USCIS says it generally does not backdate or postdate a renewal card to match the end of your old one. So a new card may start when it is approved, not when your old one ends. Even so, a gap is far more costly than a few lost weeks on the old card.

If a gap is coming:

1. Check your case status and make sure USCIS has your current address.
2. Ask about an expedite if you have a strong reason, such as losing your job.
3. Talk with your employer early. Ask whether unpaid leave or holding your job is possible. A workers' rights clinic can tell you whether any rule requires it in your case. Use the script below.
4. Plan your money. See Lost a job and cannot get unemployment? Other help.
5. Get your final pay. If your job ends, your final pay is due right away. See Your final paycheck.

See What happens to my job when my work permit ends.

What if my card is lost, stolen, damaged or wrong?

File a new I-765 to replace it. Whether you pay depends on what happened.

Lost, stolen or damaged card that has not expired:

• File Form I-765 and ask for a replacement.
• Most people pay the normal fee: $520 on paper or $470 online. If you have a pending green card application, the lower green card fee applies. Some categories, such as refugees, pay $0. Check the fee schedule for your category.
• At work: if you have to show your employer papers while you wait, the receipt for your replacement application can count for 90 days. By the end of the 90 days, you must show the new card or other valid documents. A receipt for a renewal does not work this way.

Card never arrived:

• Wait 30 days from approval, then check the USPS tracking number in Case Status Online.
• If it still has not come, use USCIS e-Request to ask about it.
• USCIS may send it again. You generally do not pay a new fee if the card was lost because of a USCIS or postal error.

Card has a mistake:

• USCIS made the mistake (for example, it does not match what you wrote on your form): you do not file a new I-765 or pay a fee. Follow the "Replacement for Card Error" instructions on the I-765 address page. If the error stops you from working, you can ask USCIS to expedite the fix.
• The mistake was not USCIS's fault (for example, you changed your name, or wrote something wrong): file a new I-765 with the fee at the address for your category.

Mistakes to avoid: Do not lend your card to anyone. Keep a photo of the front and back in a safe place, so you have your card number and category if it is lost.

What can my employer ask for, and what can they not do?

Your employer must check that every new hire can work, on Form I-9. You choose which papers to show from the official list. Your work permit is a "List A" document, which means it proves both who you are and that you can work, all by itself.

What your employer can do:

• Ask you to fill out Form I-9 and show papers from the official list within the time the rules allow.
• Check your papers again, called reverification, no later than the day your work permit expires. If you cannot show a valid document then, the employer may no longer employ you.
• Accept a receipt for a replacement of a lost, stolen or damaged document for 90 days.

What your employer cannot do:

• Tell you which document to show. You choose. At reverification, you can show any valid List A or List C document.
• Reject your papers because they expire soon. A valid card is valid until the date on it.
• Ask for more or different papers than the law requires, or refuse papers that look real. In California, this is illegal under Labor Code 1019.1, with penalties up to $10,000 per violation.
• Refuse your papers because of your specific status or the length of your permit. Also illegal under Labor Code 1019.1.
• Ask a TPS holder to prove they are from a TPS country. Federal guidance says employers may not.
• Threaten to call immigration or use your papers to punish you for speaking up about pay or safety. In California, that is retaliation.
• Use E-Verify on you before offering you a job, or on current workers when federal law does not require it. California Labor Code 2814 limits this.

If your employer gets this wrong:

• Call the DOJ Immigrant and Employee Rights worker hotline at 1-800-255-7688 (TTY 711). It handles unfair document practices, citizenship status and national origin discrimination, and retaliation. You generally have 180 days to file a charge.
• For retaliation in California, contact the Labor Commissioner at 833-526-4636. Most retaliation complaints must be filed within 1 year.
• Get free advice first from Legal Aid at Work or another clinic listed below.

If you are hiring someone, see What employers should know about hiring people with DACA or TPS.

See Can my employer ask for my papers or recheck them?, My employer got a Social Security no match letter and Workplace rights DACA recipients have.

What mistakes should I avoid?

Most work permit problems come from a few avoidable mistakes. Here they are.

• 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 them. Get a screening before you apply for a green card. See Can I still apply for a green card inside the US?
• Using false papers. Never buy or borrow papers or a Social Security number. False documents can give immigration agents a reason to detain you.
• Filing too late. With no automatic extensions, a late renewal can mean weeks or months without work.
• Filing too early for asylum. Before day 150, USCIS may reject your form.
• Wrong edition, wrong category or wrong fee. Each one can get your form rejected. Check the I-765 page and fee schedule the day you file.
• Missing proof. USCIS can now deny without asking you for the missing piece.
• An old address. Update USCIS within 10 days of a move.
• Travel. If your green card case is pending, leaving the U.S. without advance parole usually ends it. Even with advance parole, travel can cause problems. Talk with a lawyer first. See The 3 and 10 year bars.
• Paying a notario. In the U.S., a notario is not a lawyer. Only lawyers and DOJ accredited representatives working for recognized organizations can give immigration legal advice. See Warning signs of an immigration scam.

What changed in 2025 and 2026?

Here is what we confirmed on official sources as of October 19, 2026.

Final:

• No more automatic extensions for renewals filed on or after October 30, 2025. The interim rule took effect that day. A final rule took effect October 14, 2026. Extensions given before October 30, 2025, and TPS extensions by Federal Register notice, are not affected.
• New federal fees. A 2025 law, Public Law 119-21, added fees for asylum, TPS and parole work permits. They rise each year. The current amounts took effect October 16, 2026: $570 for a first asylum, TPS or parole card; $275 for an asylum renewal; $280 for a TPS or parole renewal. They cannot be waived.
• New filing addresses for Form I-765 from October 7, 2026, with a grace period for forms postmarked by November 9, 2026.
• Form edition. USCIS accepts the 08/21/25 edition and, under a September 14, 2026 court order, is not accepting the 09/15/26 edition.
• Missing evidence. Since August 5, 2026, USCIS can deny a request that is missing required evidence without first sending a request for evidence.
• Signatures. Since July 10, 2026, USCIS may reject or deny a request after accepting it if it finds the signature is not valid.
• Online filing. Since August 11, 2026, USCIS can require some forms to be filed online, with a waiver for people who cannot. The I-765 page still allows paper filing today.

Proposed, not final:

• Asylum work permits (February 2026): a 365 day wait, a pause when asylum processing is slow, and new bars.
• Parole, deferred action and orders of supervision (June 2026): limits on work permits for these groups, and denial for many people with certain arrests or convictions. Comments closed August 4, 2026.

As of October 21, 2026, neither is final. Rules can change fast. Before you rely on this section, search the Federal Register for a final rule, or ask your lawyer.

Who can help for free in the Bay Area?

These groups help with work permits, immigration cases or work problems. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

Immigration help (work permit applications and screenings):

• Community Legal Services in East Palo Alto (CLSEPA): (650) 326-6440. For low income residents of San Mateo and Santa Clara counties.
• Immigration Institute of the Bay Area, Redwood City: (650) 587-1558, by appointment, no drop ins. Says everyone is welcome regardless of income or status.
• Coastside Hope, Half Moon Bay: 650-726-9071, extension 229. Helps with work permits.
• San Mateo County Immigrant Services: (650) 363-4194.
• Catholic Charities of Santa Clara County: (408) 468-0100.
• SIREN, San Jose: (408) 453-3003. No walk ins.
• Anywhere in California: the state's map of free immigration legal services, or (916) 651-8017.

Work problems (papers, firing, pay):

• Legal Aid at Work, Workers' Rights Clinic: East Palo Alto line (415) 404-9093. Free and confidential, with income limits.
• California Labor Commissioner: 833-526-4636, with interpreters by phone.
• DOJ Immigrant and Employee Rights worker hotline: 1-800-255-7688, TTY 711.

USCIS itself: Contact Center 800-375-5283, TTY 800-767-1833, Monday to Friday, 8 a.m. to 8 p.m. Eastern.

See Free or low cost legal help in the Bay Area and How to find a lawyer you can trust.

Questions people ask

My renewal receipt came. Can I keep working after my card expires? Not anymore, for most people. Renewals filed on or after October 30, 2025 get no automatic extension. A renewal receipt is not a work permit. TPS holders should check their country's Federal Register notice.

How early can I renew? Up to 180 days before your card expires. DACA is different: 120 to 150 days before your DACA ends. See Keep renewing DACA.

How long does it take? It depends on your category and office. Check the USCIS processing times page. After approval, allow up to 30 days for the card to arrive.

My DACA renewal is late. What do I do? See My DACA renewal is delayed and My DACA renewal is late and my work permit is about to expire.

Can I work for myself with a work permit? Many people can. See Earn money working for yourself with a work permit.

Can I get a Social Security number with my work permit? Yes, in most cases. Ask for it on the I-765. Social Security usually mails it within 7 business days after you get your card.

Does my work permit let me travel? Do not plan a trip based on your work permit. Leaving the U.S. can end some cases, such as a pending green card case without advance parole. Talk with a lawyer before you leave.

My employer wants to see my Social Security card and my work permit. Is that allowed? No. You choose what to show from the official list. A work permit alone is enough. In California, asking for more or different documents is illegal. Call 1-800-255-7688 or a clinic listed above.

My employer says my work permit expires soon, so they cannot hire me. They may not reject a valid card because it expires soon. They check again on the expiration date. See Can my employer treat me differently because I have DACA?

My green card case is pending. Do I still need to renew my work permit? Yes, if you are working on your (c)(9) card and it will expire before you get your green card. The fee depends on when you filed your I-485.

I just graduated. Can I work? It depends on your status. See Can I work after college?

Can I get unemployment if my card expires? To get unemployment in California, you must be authorized to work when you apply and each time you certify. See Lost a job and cannot get unemployment? Other help.

Someone online says they can get me a work permit fast for a fee. That is a warning sign. Only USCIS decides your case and how fast it moves. See Warning signs of an immigration scam.

Printables

My work permit planner

What to say to my employer

Waiting on a card while bills come due is hard. You are not the only one in this, and there is a path through it. File early, keep your papers together, and lean on the people and groups around you.