US Work Permit (EAD): Who Needs One and How to Apply

Many people can work in the US without an EAD, because their status itself allows work for a specific employer. These include H-1B, L-1, O-1, TN, and E visa workers. Green card holders use their green card. L-2 and E spouses are allowed to work because of their status, and their I-94 record shows it.

You need an EAD if you are, for example:

From the USCIS fee schedule (Form G-1055, edition dated September 9, 2026):

The Pub. L. 119-21 fees come from the budget law signed in July 2025. They adjust every year and cannot be waived. Some humanitarian applicants can request a fee waiver for the regular USCIS fee on Form I-912. Always confirm fees on the USCIS fee schedule before filing.

No more automatic extensions for most renewals. Before, many people who filed a renewal on time could keep working for up to 540 days after their card expired. For renewals filed on or after October 30, 2025, that automatic extension no longer applies in most categories. If your card expires before USCIS approves the renewal, you must stop working. Extensions set by law or a Federal Register notice (for example, some TPS notices) are separate.

Shorter cards. For applications pending or filed on or after December 5, 2025, USCIS reduced the maximum validity from 5 years to 18 months for refugees, asylees, people granted withholding of removal, asylum applicants, people with pending adjustment of status, and people with pending suspension of deportation or cancellation of removal. Cards already issued for 5 years stay valid.

What to do: file your renewal as early as allowed (generally up to 180 days before expiration), keep copies of everything, and tell your employer early.

OPT and STEM OPT are covered by different rules and were not affected. STEM OPT workers keep a 180-day extension when they file on time.

1. Check your category and the evidence it needs in the Form I-765 instructions.
2. File online if your category allows it (it is cheaper), or by mail to the address on the USCIS "Where to file" page.
3. Include: a copy of your I-94, passport, prior EADs, the document that makes you eligible (such as an I-485 receipt or I-20), two passport-style photos if filing on paper, and the fees.
4. Request a Social Security number on the same form, if you need one. See SSN and ITIN.
5. Attend biometrics if USCIS schedules an appointment.
6. Receive the card by mail. Check that the name, dates, and category are right.

Working without permission is a status violation. It can make you ineligible to change or extend status and, in many cases, to get a green card through adjustment of status (immediate relatives of US citizens are an exception). It can also become a negative factor under the discretionary review USCIS applies since its May 2026 adjustment memo. If you have worked without authorization, talk to a licensed immigration lawyer before filing anything.