How to Apply for a U.S. Work Permit (EAD)

The application process for obtaining a U.S. work permit (also called an employment authorization document or EAD) is fairly straightforward. You need to fill out a short form, attach the fee, photos, and documents proving you’re eligible, and submit it to U.S. Citizenship and Immigration Services (USCIS).

The catch, however, is making sure you are eligible for an EAD in the first place. We'll talk about both eligibility and preparing the application form (I-765) here.

Which Foreign Nationals Are Eligible for a U.S. Work Permit (EAD)?

A work permit is available (upon submitting an application) only to limited groups of foreign nationals, usually those who are in the process of applying for adjustment of status (a green card) or who have some temporary right to be in the United States.

For example, EADs are available to K-1 fiancé visa holders, asylees, spouses of various visa holders, people with Temporary Protected Status (TPS) or Deferred Enforced Departure (DED), F-1 students experiencing economic hardship or seeking optional practical training (OPT), and so on. (For more detail, see Who Qualifies for a Work Permit in the United States?)

Also, don’t confuse applying for a work permit with applying for a work-based visa to the United States, such as an H-1B. This is a much more complicated application process that usually involves employer sponsorship. See this article on getting an H-1B visa for more on that.

Also realize that a work permit is in no way equivalent to a U.S. green card, which means the person has permanent residence in the United States; that's a status that automatically comes with the right to work.

How Do I Fill Out USCIS Form I-765 for a Work Permit?

The form eligible foreign nationals must use to apply for a work permit is Form I-765, available for free download on the USCIS website. The following discussion refers to the version issued on 08/21/2025.

Most of the form is self-explanatory. You’ll fill in the type of request you're making (first EAD, replacement EAD, or renewal EAD), and then your name, contact information, and so on. If any of your answers don't fit in the spaces provided, there's a section at the end of the form where you can add detail.

For Questions 17 through 26, they really do want information on your most recent entry into the United States, even if you had been living here for a while and merely took a short trip abroad before reentering.

Question 27, "Eligibility Category," will probably require the most effort. You’ll need to look at the I-765 instructions (which are also on the USCIS website) to figure out which EAD eligibility category you’re in. For example, some of the common categories include (a)(5) for someone granted asylum, (a)(12) for people with Temporary Protected Status (TPS), (c)(3)(C) for students doing post-completion optional practical training, (c)(5) for J-2 spouses of a J-1 exchange visitor, and (c)(9) for anyone with a pending adjustment of status (green card) application.

If your category has only two letters or numbers (such as (c)(9)), don’t worry about the fact that there are three spaces on the form (formed by the parentheses). Just put the “c” in the first set of parentheses and the “9” in the second.

Some of the questions also ask about criminal history. This is a serious matter. Crimes on a foreign national's record can not only block EAD-eligibility but result in removal from the United States (deportation).

What Proof of Eligibility for a Work Permit (EAD) Should I Submit?

To prove that you qualify for a work permit, you’ll need to make a photocopy of whatever shows the status that you described in Question 25. For example, if you applied as an asylee, attach a copy of the asylum office letter or immigration judge’s order granting you asylum. The instructions to Form I-765 detail which documents you need to submit.

Note, however, that if you are applying for the work permit at the very same time as you apply for the status that will give you the right to a work permit, such as for adjustment of status or TPS, you don’t need to include proof of eligibility. USCIS will figure out you’re eligible from the application you submitted.

How Do I Pay the EAD Fee to USCIS?

The fee to file Form I-765 is in most cases $470 for online filing and $520 for paper filing (2026 figures), though the 2025 OBBBA law adds a non-waivable fee of $550 for asylum applicants, TPS applicants and holders, and parolees in most categories.

Applicants who are simultaneously filing to adjust status to get a green card pay a discounted I-765 application fee, of $260. People exempt from the I-765 fee but who will owe a biometrics fee will need to pay $30 for these services.

Optional added fee for Premium Processing: Another consideration is whether you want to pay extra for "Premium Processing," meaning USCIS promises to make a decision within 30 business days. This isn't available in all categories; currently only to F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions. The fee is currently $1,685, but will go up to $1,780 on March 1, 2026. You will need to also submit a Form I-907, whether filing online or by mail.

To pay USCIS, you have only two options: either by credit card (using Form G-1450, Authorization for Credit Card Transactions) or transfer from a U.S. bank (by completing and signing Form G-1650, Authorization for ACH Transactions). Per a 2025 change in USCIS policy, money orders, personal checks, and cashier’s checks are no longer accepted.

USCIS fee amounts go up frequently, so double check their Fee Schedule for the latest.

How Do I Submit the EAD Application to USCIS?

Most applicants must submit the I-765 application to USCIS by mail. Look carefully at the website for which address to use. It’s based on your category of eligibility, and is different for people using U.S. mail and those using a package or courier service.

In a few categories, online filing is also an option, by creating an account with USCIS.

Make a complete copy of everything in your submission packet, even the checks (if you're paying that way), before sending it. Then you'll want to monitor USCIS's progress on making a decision; it will take longer than you hope. The EAD you eventually receive will have an expiration date (anywhere from a few months to five years), so keep an eye on that and, if still eligible, be sure to apply for renewal in time to avoid gaps.

An Immigration Attorney Can Help You Get an EAD

Many immigration attorneys charge flat fees for basic services such as preparing a work permit application. By hiring one, you can rest assured that you are eligible for an EAD, are filling out the paperwork correctly, and have someone keeping an eye on whether you receive a timely response from USCIS.