US work authorization is the legal right to hold a job in the United States, and every employer has to confirm it before you can start earning wages. Some people carry that right automatically because of their immigration status. Others need a specific work visa tied to an employer. And a large third group has to apply for a standalone permit called an Employment Authorization Document. Which path applies to you depends entirely on your immigration category, and the details matter: a wrong code on a form or a missed deadline can push a work permit back by months or block a future green card.
Who Already Has the Right to Work
US citizens and lawful permanent residents can work for any employer, in any job, without a separate permit. A citizen usually shows a US passport or birth certificate. A permanent resident shows the green card (Form I-551). Nothing else is needed.
Federal regulations also list dozens of immigration categories where the right to work is built into the status itself. Refugees, people granted asylum, and individuals with Temporary Protected Status all fall into this group, along with certain nonimmigrant spouses admitted under specific visa classifications. The government issues an Employment Authorization Document to these individuals as evidence, but the authorization flows from the status, not from a separate application on the merits.1eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment
Work Visas That Come With Authorization
Most temporary work visas tie authorization to one specific employer. The employer files a petition, and if it is approved, you can only do the job described in that petition. Changing employers usually means a new petition. The common categories are:
- H-1B, for professionals in specialty occupations that require at least a bachelor’s degree, such as engineering, IT, or finance.
- L-1, for employees transferring within the same company from a foreign office to a US branch, parent, or subsidiary.
- O-1, for individuals with extraordinary ability in sciences, arts, education, business, or athletics.
- H-2A and H-2B, for temporary agricultural and non-agricultural workers filling seasonal or short-term positions.
- P-1, for athletes competing at an internationally recognized level or members of an internationally recognized entertainment group.
- TN, for Canadian and Mexican professionals in designated occupations under the United States-Mexico-Canada Agreement.
For all of these except the TN and H-1B1, the prospective employer must file a petition with USCIS before you can apply for the visa.2U.S. Department of State. Temporary Worker Visas The visa stamp and admission documents are proof of authorization. You do not need a separate work permit unless you want to work for someone other than the sponsoring employer.
The Employment Authorization Document
If your right to work is not built into your visa status and you are not a citizen or green card holder, you need a standalone permit called an Employment Authorization Document, or EAD. It is a physical card (Form I-766) with your photo, name, birth date, and an expiration date.3U.S. Citizenship and Immigration Services. Employment Authorization Document Unlike an employer-sponsored visa, an EAD generally lets you work for any employer in any job.
The groups that most often apply for one include F-1 students doing post-graduation practical training, spouses of certain high-skilled visa holders (H-4, L-2, E), people with a pending green card application, and asylum applicants who have waited the required period. Validity periods vary by category. Refugee and asylum-based EADs currently max out at 18 months, while parole and TPS-based cards are valid for the shorter of one year or the end of the authorized status period.4U.S. Citizenship and Immigration Services. Reduced Validity Periods for Newly Issued Employment Authorization Documents
How to Apply for an EAD
You apply by filing Form I-765, Application for Employment Authorization, with USCIS.5U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization The form asks for biographical details and requires a specific eligibility category code that matches your immigration situation. Someone with a pending green card application uses (c)(9). A student on post-graduation practical training uses (c)(3)(B). The wrong code is one of the fastest ways to get a rejection, so check the instructions carefully before filing.
Along with the form, you submit two identical color passport-style photos taken recently, a copy of your government-issued photo ID, and documentation proving your current immigration status.6U.S. Citizenship and Immigration Services. Form I-765, Instructions for Application for Employment Authorization You can file by mail to a USCIS Lockbox facility, or, for certain categories, online through a USCIS account.
Fees and Fee Waivers
USCIS restructured EAD fees by category. As of January 1, 2026, initial EAD applications for asylum seekers, parolees, and TPS holders cost $560, and renewals for those groups run $275 to $280.7U.S. Citizenship and Immigration Services. USCIS Announces FY 2026 Inflation Increase for Certain Immigration-Related Fees Other categories may carry different amounts. Confirm the exact fee for your eligibility code on the I-765 instructions page before filing.
Some applicants can request a fee waiver using Form I-912. To qualify, you generally need to show that you, your spouse, or a close family member currently receives a means-tested government benefit. The evidence must include a letter or notice from the granting agency that names the recipient, identifies the benefit type, and confirms it is currently active.8U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver Not every eligibility category is fee-waiver eligible, so review the form instructions before assuming you qualify.
What Happens After You File
USCIS mails a Form I-797C, Notice of Action, confirming receipt. This is not an approval. It only means your case is in the system.9U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action Keep it. You may need it later to prove you filed on time, especially if you rely on an automatic extension of a current EAD.
Some applicants are called in for a biometrics appointment at a local Application Support Center for fingerprints and a photograph. Processing times vary by category and by the service center handling the case. Waits of several months are common, and some categories stretch past a year. You can track the case through the USCIS online portal using the receipt number on your I-797C.
The 540-Day Extension and Its October 2025 Cutoff
Renewal gaps are one of the biggest problems with EADs. USCIS created an automatic extension to bridge them, but the rule now has a hard cutoff that matters to anyone renewing in 2026.
If you filed your EAD renewal application before October 30, 2025, and your eligibility category qualifies, your work authorization and expired EAD are automatically extended for up to 540 days past the expiration date on the card, or until USCIS decides your renewal, whichever comes first.10U.S. Citizenship and Immigration Services. Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization To use the extension, you show your employer both the expired card and the I-797C receipt notice, and the category code on the receipt must match the code on the card.
Qualifying categories include refugees (A03), asylees (A05), pending adjustment-of-status applicants (C09), withholding-of-removal recipients (A10), and TPS holders (A12/C19), among others. Dependent spouses on H-4 (C26), E (A17), and L-2 (A18) visas also qualify, but they must additionally show an unexpired Form I-94 reflecting their current nonimmigrant status.
If you filed your renewal on or after October 30, 2025, you are not eligible for this automatic extension. A gap in work authorization is a real possibility if processing runs long. If your EAD is close to expiring and you have not filed, talk to an immigration attorney about your options quickly.
The Asylum Applicant Clock
Asylum seekers face a mandatory wait before they can apply for work authorization. You can file the EAD application 150 days after submitting a complete asylum application, but USCIS will not approve it until your asylum case has been pending a full 180 days. Any delay you request or cause while the case is pending, such as rescheduling an interview or asking for a continuance, stops the clock.11U.S. Citizenship and Immigration Services. The 180-Day Asylum EAD Clock Notice If an immigration judge denies the asylum application before 180 days have run, you lose eligibility for the EAD entirely.
The clock starts on the date USCIS receives a complete asylum application (for cases filed with USCIS) or the date the complete application is filed with the immigration court (for cases in removal proceedings). “Complete” is doing real work here. An incomplete filing does not start the clock.
STEM OPT for F-1 Students
F-1 students with a degree in an eligible STEM field can extend post-graduation work authorization by an additional 24 months beyond the standard 12-month Optional Practical Training period. You need a paid job offer of at least 20 hours per week with an employer enrolled in E-Verify, and the position must involve training directly related to your STEM degree. USCIS must receive the extension application before your current 12-month OPT card expires. While the extension is pending, work authorization is automatically extended for up to 180 days past the expiration of your current EAD. Students can use STEM OPT twice over the course of their education, once for each qualifying STEM degree level.
Getting Paid: Social Security Number and Form I-9
You need a Social Security number to be paid by a US employer. The fastest way to get one is to request it directly on Form I-765 when you apply for your EAD. The form has a section for this. If you complete it, USCIS forwards your information to the Social Security Administration, and the card arrives separately by mail, typically within 14 days of receiving the EAD.12Social Security Administration. Apply for Your Social Security Number While Applying for Your Work Permit and/or Lawful Permanent Residency No trip to a Social Security office is required.
If you did not request the number through the I-765 or never received it, you can apply in person at a local Social Security office. Bring your EAD or other current immigration documents showing work authorization. The Social Security Administration requires original documents or certified copies from the issuing agency, not photocopies or notarized copies.13Social Security Administration. Learn What Documents You Will Need to Get a Social Security Card
Once you have a job, every US employer must complete Form I-9 for you, including citizens.14U.S. Citizenship and Immigration Services. I-9, Employment Eligibility Verification You fill out Section 1 on or before your first day of work, and the employer examines your documents and completes Section 2 within three business days of the hire date.15eCFR. 8 CFR 274a.2 – Verification of Identity and Employment Authorization
The I-9 uses three lists of acceptable documents.16U.S. Citizenship and Immigration Services. Form I-9 Acceptable Documents List A documents prove identity and work authorization together, such as a US passport, a permanent resident card, or an EAD. List B documents prove identity only, such as a state driver’s license or a government-issued photo ID. List C documents prove work authorization only, such as an unrestricted Social Security card or a US birth certificate. If you do not have a List A document, you present one from List B and one from List C. The choice of documents is yours. An employer cannot insist on a specific document, and one that does, such as demanding a green card when you offer a valid passport, may be violating anti-discrimination law.
Working Without Authorization
Working without valid authorization carries consequences beyond losing the job. The most damaging is a potential permanent bar to getting a green card through adjustment of status. Federal law blocks anyone who accepted unauthorized employment before filing an adjustment application from adjusting to permanent resident status, and a separate provision bars anyone who was ever employed while unauthorized, whether before or after filing.17Office of the Law Revision Counsel. 8 USC 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence Leaving the country and coming back does not erase this bar.
There are exemptions. Immediate relatives of US citizens, VAWA self-petitioners, special immigrant juveniles, and certain members of the US armed forces are not subject to these bars.18U.S. Citizenship and Immigration Services. USCIS Policy Manual, Volume 7, Part B, Chapter 6 – Unauthorized Employment Employment-based applicants may qualify for a limited exemption. For everyone else, even a short period of unauthorized work can derail an immigration case years later. And filing a pending adjustment application does not by itself authorize you to work. You still need a valid EAD or authorization tied to your visa status while that application is pending.