Form I-765 guide: applying for a work permit (Application for Employment Authorization)

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

The official title of Form I-765 is Application for Employment Authorization, and it is handled by U.S. Citizenship and Immigration Services (USCIS). Once it is approved, USCIS issues an Employment Authorization Document (EAD, commonly called a "work permit," form number I-766) showing that the holder may work in the United States for the period stated on the card. The I-765 is also used to replace, correct and renew a work permit.

The I-765 is not a "status"; it is work authorization that depends on a status or a pending application: for example, a pending I-485, a pending asylum application, OPT for F-1 students, or the H-4 EAD for H-1B spouses. That is why every I-765 must state an "eligibility category" code, which USCIS uses to decide whether you qualify, what evidence you need and how long the card will be valid. Since 2025, the rules on automatic extensions for renewals and on card validity have changed significantly; this page explains them in detail.

Important recent changes (as of October 2026): (1) For renewal applications filed on or after October 30, 2025, most categories no longer receive an automatic extension; once the old card expires, you must wait for the new card to be approved before you can keep working. (2) Since December 5, 2025, for work permits in categories such as (c)(9) pending adjustment of status and asylum-related categories, the maximum validity has been shortened from 5 years to 18 months. (3) The July 2025 law known as "H.R. 1" added statutory fees for work permits in categories such as asylum applicants, parolees and TPS, and limited the validity of parole and TPS work permits to one year (or the end of the status, whichever is earlier). In 2026 DHS also published several proposed rules that are not yet final. Always verify the latest rules before filing.

At a glance

Item	Details
Official title	Form I-765, Application for Employment Authorization
Agency	USCIS
Who files	The foreign national who needs work authorization (or needs a work permit as proof of it)
When to file	Depends on the category: it can be filed together with an I-485, I-539, etc.; OPT has fixed filing windows; renewals can generally be filed no earlier than 180 days before the current card expires
Online filing	Some categories can be filed through a USCIS online account; check the official page for which ones
Result	An employment authorization card (EAD, I-766); a combined "combo card" with advance parole may also be issued
Common companion forms	I-485, I-131, I-539, I-589, I-821, G-28, I-912 (fee waivers are available for some categories)
Official page	uscis.gov/i-765

Who needs to file an I-765

The legal basis for employment authorization is 8 CFR 274a.12, which has three main groups:

Group (a): authorized to work incident to status, such as refugees, asylees and people granted TPS. Their right to work comes from their status, but they usually still need a work permit as proof, so they also file an I-765;
Group (b): nonimmigrants who may work only for a specific employer, such as H-1B, L-1 and O-1. They work for their sponsoring employer on the basis of their status and do not use the I-765;
Group (c): must apply before they can work, such as those with a pending I-485, a pending asylum application, F-1 OPT, H-4 spouses and others, who must file an I-765 and have it approved before working.

The following people generally do not need an I-765: green card holders (the green card itself proves work authorization), U.S. citizens, and H-1B/L-1/O-1 holders working for their designated employer on the basis of their status. In addition, since 2022, spouses of E and L visa holders can work with an I-94 bearing a specific annotation and no longer must apply for a work permit (they may still choose to apply).

Common category codes

Code	Who it covers	Key points
(c)(9)	Applicants with a pending I-485 adjustment of status	Can be filed together with the I-485; since December 5, 2025 the maximum validity is 18 months
(c)(8)	Applicants with a pending asylum or withholding of removal application	Can be filed only after a certain number of days have passed since the asylum application was filed, and is subject to limits such as "applicant-caused delay"; H.R. 1 added a statutory fee; maximum validity 18 months
(c)(3)(A)	F-1 students' pre-completion practical training (pre-completion OPT)	Requires a recommendation from the designated school official (DSO) first
(c)(3)(B)	F-1 students' post-completion practical training (post-completion OPT)	Generally 12 months; must be filed from 90 days before to 60 days after the program end date, and within 30 days of the DSO recommendation
(c)(3)(C)	F-1 STEM OPT extension	24 months; the employer must use E-Verify; must be filed before the current OPT work permit expires and within 60 days of the DSO recommendation
(a)(12)	People granted Temporary Protected Status (TPS)	After H.R. 1, initial and renewal work permits are valid for at most one year or until the TPS end date (whichever is earlier); TPS work permits are often extended by Federal Register notice
(c)(19)	People with a pending TPS application found prima facie eligible	Also subject to the H.R. 1 fee and validity limits
(c)(26)	H-4 spouses (where the H-1B principal has an approved I-140, or has extended H-1B beyond six years under AC21)	Can be filed together with the H-4 I-539; the work permit is generally not valid beyond the H-4 status period
(c)(11)	People granted parole	After H.R. 1, initial and renewal work permits are valid for at most one year or until the parole end date (whichever is earlier); new statutory fee
(a)(3) / (a)(5)	Refugees / asylees	Authorized to work incident to status; since December 5, 2025 the maximum work permit validity is 18 months
(c)(10)	People with a pending application for cancellation of removal, NACARA or similar relief	See EOIR-42B; maximum validity 18 months

There are many category codes; the table above lists only a few common ones. For the complete list and the evidence required for each category, follow the official I-765 instructions. Choosing the wrong category code is one of the common reasons for denial.

Rule changes in 2025–2026

1. Renewals no longer extended automatically (from October 30, 2025)

Previously, in many categories, a work permit was automatically extended once a renewal was filed on time (up to 540 days since January 2025), so the holder could keep working with the receipt until the new card arrived. On October 30, 2025, DHS issued an interim final rule eliminating this automatic extension:

It applies to renewal applications filed on or after October 30, 2025;
Automatic extensions already obtained before then are not affected and can be used until the original extension period ends;
Exceptions: extensions provided directly by law, and extensions provided by Federal Register notice (such as for TPS-related work permits), remain in effect;
F-1 students who file a STEM OPT extension on time can, under current rules, still keep working for up to 180 days after their original OPT expires.

The practical effect: if your old card expires before the new one arrives, you may have to stop working, and your employer can no longer accept an "expired work permit plus receipt" for the I-9. So file renewals as early as possible (generally no earlier than 180 days before expiration). For which categories are affected, see the USCIS automatic extension page.

2. Shorter validity for some categories (from December 5, 2025)

In December 2025 USCIS updated its Policy Manual to shorten the maximum validity of initial and renewal work permits from 5 years to 18 months for the following categories, applying to applications filed on or after December 5, 2025, or still pending on that date:

Refugees, asylees and people granted withholding of removal;
People with a pending asylum or withholding of removal application;
People with a pending application to adjust status under INA 245, i.e. (c)(9);
People with a pending application for suspension of deportation, cancellation of removal or NACARA relief.

Work permits already issued remain valid until the expiration date on the card.

3. Fee and validity changes under H.R. 1 (from July 2025)

Statutory fees were added for initial and renewal work permits in categories such as asylum applicants, parolees and TPS;
For parolees ((c)(11)) and TPS ((a)(12)/(c)(19)), initial and renewal work permits are valid for at most one year or until the parole/TPS period ends, whichever is earlier, for applications filed on or after July 22, 2025.

For the specific amounts, follow the current USCIS fee schedule (G-1055).

4. Proposed rules still in flux in 2026

As of this writing, DHS has published several proposed rules in 2026 related to work permits, such as a rule lengthening the waiting period for asylum applicants' (c)(8) work permits and a rule tightening the conditions for "discretionary" work permits such as (c)(9), (c)(11) and (c)(26). Proposed rules do not change current law until they take effect, but the direction is worth watching. In addition, USCIS had planned to introduce a new edition of the I-765 in September 2026, but because the accompanying new rule on "duration of status" (D/S) for F/J students was stayed by a federal court, the new edition has not yet been introduced, and USCIS still accepts the current edition listed on its official page. Form editions and rules can change at any time; verify the official USCIS page before filing.

Completing the form (by main section)

Reason for applying

Choose initial application, replacement (lost, stolen or damaged card, or a correction needed because of a USCIS error), or renewal;
If information on the card is wrong because of a USCIS error, request a correction as the instructions describe; whether a fee is required depends on the official fee schedule.

Information about the applicant

Name, date of birth, A-Number, USCIS online account number (if any), I-94 number, and most recent entry information;
You can apply for a Social Security number (SSN) card through the I-765 at the same time by answering the relevant questions and giving your parents' names; after approval, the Social Security Administration will mail the card, saving you a separate trip to a Social Security office;
Make sure the mailing address will receive the card; if you move, update your address promptly (see AR-11).

Eligibility category

Enter the code in the format the instructions specify, such as (c)(9) or (c)(3)(B);
(c)(3)(C) STEM OPT requires your degree, the employer's name and the E-Verify number;
(c)(26) H-4 requires the H-1B spouse's receipt number;
(c)(8) requires answers to questions such as whether you have ever been arrested or convicted;
Less common categories, such as the "compelling circumstances" work permit based on an approved I-140, have their own additional questions.

Signature, interpreter and preparer

The applicant must sign personally; unsigned forms are rejected.

Evidence and documents to include

Two passport-style photos that meet the requirements (per the form instructions);
A copy of a government-issued photo ID, such as your passport biographic page or the front and back of your previous work permit;
Your I-94 record or passport entry stamp;
Documents showing eligibility, which vary by category, for example:
- (c)(9): the I-485 receipt, or file it together with the I-485;
- (c)(3)(B): the new I-20 issued after the DSO recommends OPT;
- (c)(3)(C): the new I-20, proof of the STEM degree, and the employer's E-Verify information;
- (c)(26): the H-1B spouse's I-140 approval notice or proof of an H-1B extension under AC21, proof of marriage, and proof of H-4 status;
- (c)(8): the asylum application receipt or proof of filing with the immigration court;
Renewals or replacements: a copy of the previous work permit.

Chinese-language documents (such as a marriage certificate) must include an English translation; see Translation and notarization requirements.

How to file and fees

Online or paper: some categories can be filed online; others must be mailed to the appropriate lockbox or service center. Addresses vary by category; follow the official "Direct Filing Addresses for Form I-765" page;
Fees: vary by category; fee waivers are available for some categories, and H.R. 1 added statutory fees for certain categories. Follow the official fee schedule. Under the fee rules in effect since 2024, an I-765 filed together with an I-485 generally requires a separate fee. Follow G-1055; for how to check fees, see How to check fees and processing times;
Form edition: use an accepted edition listed on the official page; the edition date is printed at the bottom of each page.

What happens after filing

Receipt notice (I-797C): note that in most renewal categories, the receipt can no longer be used to keep working past expiration;
Biometrics: some categories require a visit to an Application Support Center as scheduled in your notice, or USCIS may reuse previously collected biometrics;
Request for evidence (RFE): see How to respond to an RFE;
Approval and card delivery: the approval notice and the work permit are mailed separately; if you applied for an SSN, the Social Security card is mailed separately as well.

Check processing times on the USCIS processing times page; for checking status, see How to check your USCIS case status.

Common reasons for denial and options after a denial

The wrong category code was chosen, or the applicant does not meet the category's requirements;
Missing the OPT filing window (for example, more than 60 days after the program end date, or more than 30 days after the DSO recommendation);
The underlying application (such as the I-485 or asylum application) has been denied or closed;
Missing documents proving eligibility, or failure to attend biometrics;
Negative factors such as a criminal record in discretionary categories like (c)(8);
Procedural problems such as using an outdated edition, missing signature or missing fee (these usually lead to rejection rather than denial).

An I-765 denial generally cannot be appealed, but depending on the situation you can file a motion to reopen or reconsider (see I-290B), or refile once the problem is fixed. You cannot work in that category while the application stands denied.

How the I-765 differs from related forms

Form	Purpose	Relationship to the I-765
I-765	Applies for employment authorization (EAD)	—
I-131	Applies for advance parole and other travel documents	I-485 applicants often file it together with the I-765 and may receive a combined work permit and advance parole card
I-539	Extends or changes nonimmigrant status (such as H-4, L-2)	H-4 spouses often file the I-539 together with the (c)(26) I-765
I-129	Employer petition for work visas such as H-1B and L-1	H-1B/L-1 holders work on the status approved through the I-129 and do not need an I-765
I-90	Replaces or renews a green card	Green card holders use the I-90, not the I-765

Frequently asked questions

My work permit is about to expire. Can I keep working after I file the renewal?

If the renewal was filed on or after October 30, 2025, most categories no longer have an automatic extension, and once the old card expires you must wait for the new card to be approved before you can work (except for extensions by Federal Register notice such as for TPS; STEM OPT has its own rules). It is advisable to file early, around 180 days before expiration.

My I-485 is pending and I hold H-1B. Do I need a (c)(9) work permit?

Not necessarily. You can keep working for your sponsoring employer on your H-1B status. Many people still apply for a (c)(9) work permit as a backup, but starting to work for a different employer on the work permit may affect your H-1B status, so assess this beforehand.

How long are (c)(9) work permits valid now?

Since December 5, 2025, the maximum validity of a (c)(9) work permit is 18 months. If your I-485 is pending for a long time, you may need to renew several times.

When can an H-4 spouse apply for a work permit?

When the H-1B principal has an approved I-140, or is extending H-1B beyond the six-year limit under AC21, the H-4 spouse can apply for a (c)(26) work permit. The work permit is generally not valid beyond the H-4 status period. DHS's 2026 proposed rules may affect this category, so watch for the latest developments.

Do L-2 spouses still need to apply for a work permit?

Since 2022, L-2 and E spouses can work with an I-94 bearing a specific annotation and no longer must apply for a work permit; if you need a physical card as proof, you can still apply.

What if I lose my work permit?

File an I-765 for a replacement, choosing "replacement" as the reason and including proof of identity. You will not have the old card while the replacement is pending, so talk to your employer about the I-9 in advance.

Can I apply for a Social Security number through the I-765?

Yes. Choose to apply for a Social Security card on the form and provide the required information; after the work permit is approved, the Social Security Administration will mail the card, with no need for a separate visit to a Social Security office.