DHS work authorization is formal permission from the Department of Homeland Security for a non-citizen to hold a job in the United States, and it is documented by an Employment Authorization Document (EAD) issued by U.S. Citizenship and Immigration Services. If you don’t have a green card or a visa that already includes work rights, the EAD is how you prove to an employer that you can legally earn a paycheck. The card carries your name, photo, and an expiration date, and it counts as a “List A” document on Form I-9, meaning it satisfies both the identity and work-eligibility checks on its own.1U.S. Citizenship and Immigration Services. 13.0 Acceptable Documents for Verifying Employment Authorization and Identity
Who Needs an EAD and Who Doesn’t
Not every non-citizen has to apply. Lawful permanent residents are authorized to work because of their status, and visa categories like H-1B or L-1 come with work rights tied to a specific employer. The EAD exists for everyone else who is eligible to work but whose status doesn’t automatically include that right.
Federal regulations at 8 C.F.R. § 274a.12 sort eligible applicants into groups identified by a letter-and-number code that appears on your application and on your card.2eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment The (a) categories are authorized to work by virtue of status itself; refugees and granted asylees are here, and for them the expiration date on the card is when the card needs replacing, not when the right to work ends.3U.S. Citizenship and Immigration Services. 7.3 Refugees and Asylees The (c) categories are only authorized once USCIS approves the application; common examples include (c)(9) for people with a pending green card application, (c)(10) for those in cancellation-of-removal proceedings, and Temporary Protected Status holders, who receive a card valid for the length of their country’s TPS designation.4U.S. Citizenship and Immigration Services. Employment Authorization F-1 students approved for Optional Practical Training (OPT) or a STEM OPT extension also apply through the same process.
DACA is a special case right now. As of early 2025, a federal court order allows USCIS to keep accepting and processing DACA renewal requests and their accompanying work permits, but initial DACA applications are accepted without being processed.5U.S. Citizenship and Immigration Services. Consideration of Deferred Action for Childhood Arrivals (DACA) If you already hold DACA, your EAD stays valid until its printed expiration date unless individually terminated.
Picking the correct eligibility code matters. It is the single field on the form that tells USCIS which rule authorizes you, and the wrong code is one of the fastest routes to a rejection.
Filing Form I-765
Form I-765 is the application. Download the current version and instructions from uscis.gov rather than a third-party site, because outdated editions get rejected.
What the Form Asks For
You’ll provide your full legal name, any other names you’ve used, date of birth, and a mailing address where USCIS can reach you and send the card. You’ll also enter the date and place of your most recent U.S. arrival and your I-94 Arrival-Departure Record number. You must indicate whether the application is an initial request, a renewal, or a replacement for a lost or damaged card. Each reason may call for slightly different evidence.
Supporting Documents
- Two identical color passport-style photographs, 2 by 2 inches, taken recently against a white or off-white background.6U.S. Citizenship and Immigration Services. Instructions for Form I-765, Application for Employment Authorization
- A copy of a government-issued photo ID, such as your passport or previous EAD.
- Proof of the immigration status that supports your eligibility category — an asylum grant letter, a TPS approval, an underlying petition approval notice, or the equivalent document for your code.
Getting a Social Security Number in the Same Filing
Form I-765 has an optional section for requesting a Social Security Number. Check that box, and if USCIS approves your application, it sends your information directly to the Social Security Administration. Your SSN card should arrive by mail within 14 days of your EAD, with no separate trip to a Social Security office.7Social Security Administration. Apply For Your Social Security Number While Applying For Your Work Permit and/or Lawful Permanent Residency If it doesn’t show up in that window, call SSA to follow up.
Filing Fees
USCIS restructured its fee schedule in April 2024 and adjusted several I-765 fees again effective January 1, 2026. Fees now vary by eligibility category. An initial EAD for an asylum applicant, TPS applicant, or parolee costs $560 as of January 2026, while renewals in those categories run $275 to $280.8U.S. Citizenship and Immigration Services. USCIS Announces FY 2026 Inflation Increase for Certain Immigration-Related Fees Other categories have different amounts, so check the USCIS fee schedule (Form G-1055) for yours before you file.
The old $85 biometrics fee is gone. USCIS eliminated it in April 2024 and folded biometric collection costs into the application fee itself.9Federal Register. U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Fees Some categories qualify for a fee waiver on Form I-912, and certain humanitarian categories are fee-exempt.
How to Submit and What Happens Next
Many eligibility categories can file Form I-765 online through a USCIS account, uploading documents digitally. Paper filings go to a USCIS Lockbox or service center, with the correct address depending on your category and where you live; the form instructions and the USCIS site list it.10U.S. Citizenship and Immigration Services. Direct Filing Addresses for Form I-765, Application for Employment Authorization
Once USCIS receives your application, you’ll get an I-797C Notice of Action confirming the filing and giving you a receipt number to track the case online.11U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action USCIS may then schedule a biometrics appointment at a local Application Support Center for fingerprints, a photograph, and a signature. Miss that appointment and your case can be delayed or denied, so watch the mail. Processing times vary widely by category and workload; the USCIS processing times tool has current estimates for each code.
Premium Processing for Students
F-1 students applying for OPT or a STEM OPT extension can pay for premium processing by filing Form I-907 alongside the I-765. USCIS then commits to acting on the case within a set timeframe. As of March 1, 2026, the premium processing fee for Form I-765 is $1,780.12Federal Register. Adjustment to Premium Processing Fees Premium processing is available only for student OPT-related EAD categories; other I-765 groups can’t buy it.
Renewals and the End of Automatic Extensions
If your EAD is close to expiring, USCIS recommends filing a renewal at least 90 days before the expiration date but no more than 180 days early.13U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization Timing matters more than it used to.
USCIS previously granted an automatic extension of up to 540 days for certain EAD categories while a timely renewal was pending. That policy ended on October 30, 2025. Renewals filed before that date may still be covered by the old extension. Renewals filed on or after October 30, 2025, do not receive any automatic extension of work authorization while USCIS decides the case.14U.S. Citizenship and Immigration Services. DHS Ends Automatic Extension of Employment Authorization
This is where people run into real trouble. Without the automatic extension, a gap between your old card’s expiration and your new card’s arrival is a period when you cannot legally work, even if you filed on time. Filing early gives you the best chance of avoiding that gap, but it isn’t a guarantee, because processing can stretch for months.
Using the Card at Work
When you’re hired, you present your EAD to complete Section 2 of Form I-9. Because it’s a List A document, the card alone covers both identity and work eligibility, with nothing else required. Your employer has to examine it and confirm it reasonably appears genuine and relates to you, but they aren’t expected to be document-fraud experts.1U.S. Citizenship and Immigration Services. 13.0 Acceptable Documents for Verifying Employment Authorization and Identity
Some EADs double as advance parole travel documents. These “combo cards” carry the notation “Serves as I-512 Advance Parole” printed on the card.15U.S. Citizenship and Immigration Services. USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants: Questions and Answers If yours has that text, it also lets you re-enter after international travel. If it doesn’t, leaving the country without a separate advance parole approval can jeopardize a pending immigration case.
What Working Without Authorization Costs You
Working in the U.S. without a valid EAD or other authorization carries consequences well beyond losing a job. For the worker, unauthorized employment can permanently block a green card through adjustment of status. Under federal regulations, anyone who worked without authorization on or after January 1, 1977, is generally ineligible to adjust status inside the United States, and leaving and returning does not clear the bar.16eCFR. Part 245 Adjustment of Status to That of Person Admitted for Permanent Residence Limited exceptions exist for immediate relatives of U.S. citizens and certain special immigrants, but for most people this is very hard to fix later.
Employers face civil penalties for knowingly hiring unauthorized workers. Federal law sets fines from $250 to $2,000 per worker for a first offense, $2,000 to $5,000 for a second offense, and $3,000 to $10,000 per worker for later violations, with criminal prosecution possible for pattern-and-practice cases.17Office of the Law Revision Counsel. 8 USC 1324a – Unlawful Employment of Aliens
Report Address Changes Within 10 Days
If you move while your I-765 is pending, or at any time while you hold an EAD, you’re legally required to tell USCIS within 10 days. This applies to nearly all non-citizens in the U.S. and is separate from any change of address you file with the post office.18U.S. Citizenship and Immigration Services. Chapter 10 – Changes of Address Update your address online through your USCIS account or by filing Form AR-11. Skip it and you may miss an appointment notice or have your card mailed to the wrong place, and USCIS does not resend documents to correct for that.