EAD in the USA: How to Obtain Work Authorization in 2026

The Employment Authorization Document (EAD), popularly known as a work permit, is the official document issued by USCIS that authorizes foreign nationals to work legally in the United States. Unlike work visas such as the H-1B or L-1, which tie the professional to a specific employer, the EAD allows employment at any company, in any sector or position, during its validity. In 2026, the EAD landscape underwent significant changes, including the elimination of automatic extension, which every applicant needs to understand before starting the process.

What is the EAD

The EAD is issued by the United States Citizenship and Immigration Services (USCIS) through Form I-765, Application for Employment Authorization. It functions as a physical card with a photo, biographical data, and an eligibility category code that identifies the legal basis for work authorization.

The document does not confer immigration status by itself; it only authorizes paid employment. This means the EAD holder must maintain valid immigration status independently. If the underlying status expires or is revoked, the EAD can be canceled by USCIS. The validity of the document varies by category, generally between 1 and 2 years.

Who Can Apply

Not every foreign national in the U.S. can apply for the EAD. The main eligible categories include:

• Pending adjustment of status (Form I-485 in process), category (c)(9)
• Spouses of H-1B holders in H-4 status, category (c)(26)
• F-1 students in Optional Practical Training (OPT), categories (c)(3)(A) and (c)(3)(B) for STEM extension
• Asylees, category (a)(5)
• Refugees, category (a)(3)
• TPS holders (Temporary Protected Status), categories (a)(12) and (c)(19)
• Spouses of L-1 holders in L-2 status, category (a)(18)
• DACA recipients, category (c)(33)

Each category has specific eligibility rules, required documentation, and possible fee waivers. It is essential to correctly identify the applicable category before starting the application, as submitting under the wrong category results in denial without refund.

Costs and Form I-765

The process is initiated with Form I-765, Application for Employment Authorization. As of April 2026, the current fees are:

• Mail filing: US$ 520
• Electronic filing (online via myUSCIS): US$ 470
• Applicants with pending I-485 (filed on or after April 1, 2024): US$ 260 (reduced fee)
• Certain categories, such as asylees and refugees, may have a full fee waiver

In addition to the completed form, the applicant must submit a copy of a valid passport, proof of current immigration status, two American-style photos (2×2 inches), and documents proving eligibility in the specific category. Submission can be done online through the myUSCIS portal or by mail, according to USCIS instructions for each category.

The processing time varies widely, from 3 to 12 months, depending on the category, petition volume, and the service center responsible for review. Status tracking is done using the receipt number available on the USCIS online portal.

Automatic Extension Eliminated

One of the most impactful changes in the EAD landscape took effect on October 30, 2025, when USCIS published an interim final rule that eliminated the automatic extension of the EAD for most eligibility categories.

Before this change, when an EAD holder applied for renewal within the deadline, the expired EAD remained automatically valid for up to 540 days while USCIS processed the new application. This automatic extension allowed the worker to remain employed without interruption, even if renewal processing took months.

With the new rule, this extension was eliminated. In practice, if the new EAD is not approved before the current document expires, the worker is left without work authorization during the gap, which can lead to job loss and serious complications for immigration status.

Limited exceptions remain for extensions provided by law or through Federal Register notices related to TPS. EADs that were already automatically extended before October 30, 2025, were not affected by the change. In light of this change, it is essential to apply for renewal at least 6 months in advance to minimize the risk of being left without work authorization.

Step-by-Step Application Process

1. Confirm your eligibility category by consulting the official USCIS website and identify the category code corresponding to your case
2. Gather the required documentation: valid passport, I-94 (entry record), proof of immigration status, and 2×2 inch photos
3. Fill out Form I-765 carefully, paying attention to all required fields, especially the category code
4. Pay the fee corresponding to your eligibility category
5. Submit the application to USCIS via the myUSCIS portal (online) or by mail to the address indicated in the form instructions
6. Receive the receipt notice (I-797C, Notice of Action) and keep the receipt number for tracking
7. Attend the biometrics appointment at the Application Support Center (ASC), when applicable to your category
8. Wait for the final decision. After approval, the physical EAD will be mailed to the registered address

Common Application Errors

• Incorrect category: each category code has specific requirements and documentation. Submitting under the wrong category results in automatic denial without refund of the fee paid
• Incomplete documentation: USCIS may issue a Request for Evidence (RFE) if documents are missing, delaying the process by weeks or even months
• Late renewal: with the elimination of automatic extension, starting the renewal close to the expiration date may result in a gap in work authorization with serious consequences
• Unreported status changes: changes in the underlying immigration status can invalidate the EAD. It is crucial to keep USCIS informed of any relevant changes
• Working with an expired EAD: constitutes a violation of immigration laws and may jeopardize future petitions, including green card and naturalization applications

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.