Refugee Work Authorization: EAD, 18-Month Validity, and Adjustment

Refugee work authorization in the United States begins the moment a person is admitted as a refugee. No separate application, no waiting period. Federal regulations treat refugees as authorized to work “incident to status,” meaning the right to work is built into lawful admission and lasts as long as refugee status does, with no restriction on employer or job.1eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment Proving that right to an employer, though, runs on documents and deadlines that shifted meaningfully in late 2025.

What Proves Your Right to Work on Day One

When you arrive at a U.S. port of entry, Customs and Border Protection issues a Form I-94 with a refugee admission stamp, or an electronic I-94 showing an admission class of “RE.” That document is enough on its own for Form I-9, the employment verification form every U.S. employer must complete. It counts as proof of both identity and work authorization.2U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – Section 7.3 Refugees and Asylees

There’s a catch. The refugee-stamped I-94 counts as a “receipt” for I-9 purposes, valid for 90 days from your first day of work. Before those 90 days end, you have to give the employer a replacement: either an Employment Authorization Document (EAD), or the combination of a List B identity document (like a state driver’s license) and a List C work-authorization document (like an unrestricted Social Security card).2U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – Section 7.3 Refugees and Asylees Ninety days is not much time when you are also finding housing and getting settled, so start on the Social Security card and the EAD right away.

Getting a Social Security Card

Most refugees begin the Social Security Number process in coordination with federal agencies around the time of arrival. The Social Security Administration issues refugees an unrestricted card, meaning it carries no legend limiting employment.3Social Security Administration. Evidence of Refugee Status for an SSN Card An unrestricted card is a List C document, so once you have one, a state ID or driver’s license alongside it satisfies the I-9 completely. You may never need an EAD at all.

If the card hasn’t arrived about two weeks after you received your immigration documents, go to a local Social Security field office in person. Bring your stamped I-94 or EAD and your Alien Registration Number (A-Number) from immigration paperwork so staff can find the pending application or start a new one.4Social Security Administration. Enumeration-Beyond-Entry (EBE)

Applying for an Employment Authorization Document

Even though the I-94 and Social Security card can carry you, many employers are more comfortable with a physical EAD. The EAD is a tamper-resistant card that stands alone as proof of identity and work authorization. You apply by filing Form I-765 with U.S. Citizenship and Immigration Services.5U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization

Filling Out Form I-765

The form asks for standard personal information plus your A-Number, which appears on your DHS correspondence and arrival documents.6U.S. Citizenship and Immigration Services. Instructions for Application for Employment Authorization In Part 2, enter eligibility category (a)(3). Attach a copy of your refugee-stamped I-94 or a Final Notice of Eligibility for Resettlement as evidence of status.

Refugees are exempt from the filing fee for the initial EAD. That is worth noting because the standard I-765 fee for other categories rose to $560 as of January 2026.7U.S. Citizenship and Immigration Services. USCIS Announces FY 2026 Inflation Increase for Certain Immigration-Related Fees

How to File

As of 2026, category (a)(3) applicants cannot file Form I-765 online. Online filing exists only for certain other categories, such as Temporary Protected Status and pending asylum.8U.S. Citizenship and Immigration Services. Forms Available to File Online Refugees mail the completed application to the USCIS Lockbox for their state of residence.9U.S. Citizenship and Immigration Services. Direct Filing Addresses for Form I-765, Application for Employment Authorization Certified mail with a tracking number is worth the extra cost.

Any foreign-language documents you include must be accompanied by a certified English translation. USCIS requires this under 8 CFR 103.2(b)(3), and the translator must certify in writing that the translation is complete and accurate.10U.S. Citizenship and Immigration Services. Policy Manual – Volume 7 – Adjustment of Status – Part A – Chapter 4 – Documentation Certified translations typically cost between $20 and $95 depending on document length and language.

You no longer need to send passport-style photos with the application. USCIS stopped accepting self-submitted photos and now captures them during the application process.11U.S. Citizenship and Immigration Services. New Photo Policy Helps Prevent Immigration Fraud Through Enhanced Identity Verification

Two Rule Changes from Late 2025 That Affect Renewals

Anyone relying on older guidance risks a documentation gap. Two policies changed in the last months of 2025.

EAD Validity Cut to 18 Months

On December 4, 2025, USCIS reduced the maximum validity period for refugee EADs from five years to 18 months. The new limit applies to any initial or renewal EAD application pending or filed on or after December 5, 2025. Cards already issued for five years remain valid through their printed expiration date.12U.S. Citizenship and Immigration Services. Reduced Validity Periods for Newly Issued Employment Authorization Documents Refugees who do not adjust to permanent resident status will now be renewing far more often.

No More Automatic Extension

DHS also ended the automatic extension of employment authorization for EAD renewal applicants. Filing a timely renewal used to extend work authorization for up to 540 days while the new card was processed. For any renewal filed on or after October 30, 2025, that automatic extension no longer applies.13U.S. Citizenship and Immigration Services. DHS Ends Automatic Extension of Employment Authorization

The safety net is gone, so renewal timing matters more than it used to. USCIS recommends filing up to 180 days before the current card expires; file at the earliest end of that window. If your EAD expires before the new one arrives, you may face an employment gap even though your underlying refugee work authorization is unchanged. An unrestricted Social Security card plus a valid state ID can carry the I-9 while you wait for the new card.

Adjusting to Permanent Resident Status After One Year

Federal law requires refugees to appear before DHS for inspection and examination as an immigrant after being physically present in the United States for at least one year.14Office of the Law Revision Counsel. 8 USC 1159 – Adjustment of Status of Refugees In practice, that means filing Form I-485 after the one-year mark. USCIS publishes refugee-specific instructions on its green card eligibility page.15U.S. Citizenship and Immigration Services. Green Card for Refugees

Do not treat this as optional. DHS has asserted authority to locate, arrest, and detain refugees who do not submit an adjustment application and appear for an interview after their first year. Under that posture, a detained refugee would either be admitted as a permanent resident or placed in removal proceedings, with no stated limit on how long the detention could last. Once your adjustment is approved, the Permanent Resident Card is your ongoing proof of work authorization and the EAD renewal cycle ends.

If an Employer Refuses Your Documents

Refugees are “protected individuals” under the Immigration and Nationality Act’s anti-discrimination provision. Employers cannot discriminate against you in hiring, firing, or recruitment based on citizenship status or national origin.16Office of the Law Revision Counsel. 8 USC 1324b – Unfair Immigration-Related Employment Practices

The most common problem refugees run into is “document abuse”: an employer demanding a specific document, such as a Green Card or EAD, rather than accepting whatever valid I-9 documents you choose to present. Under I-9 rules, you decide which acceptable documents to show. An employer who rejects a valid refugee-stamped I-94 and insists on an EAD instead is breaking the law.17Department of Justice. How to Avoid Discrimination When Hiring Workers Granted Asylum or Refugee Status Employers who commit document abuse face civil penalties of $100 to $1,000 per individual affected.16Office of the Law Revision Counsel. 8 USC 1324b – Unfair Immigration-Related Employment Practices

If you think an employer discriminated against you or demanded improper documentation, contact the Department of Justice’s Immigrant and Employee Rights Section, which investigates these complaints at no cost to the worker.