Employment Authorization Documents: Apply, Renew and Correct an EAD

An Employment Authorization Document, usually Form I-766, provides evidence of work authorization under a particular eligibility category. Many applicants request it through Form I-765. It is not a visa, a green card or an independent promise that a pending immigration case will be approved.

Before applying or starting work, identify the legal basis for employment authorization and its limits. Some people are authorized incident to status; others must wait for an approved EAD. H-1B, L-1, O and P employment is generally tied to the authorized petition and activities, not unrestricted permission to work for any employer. A visa stamp alone does not establish every aspect of current employment authorization.

Step 1: Identify the correct I-765 category

Use the current Form I-765 page and instructions. Common categories include qualifying adjustment applicants, asylum applicants, refugees or asylees, certain students, TPS beneficiaries, qualifying parolees, certain spouses and other specifically eligible groups. DACA-related filings are governed by their own current rules and court orders; do not assume every initial or renewal request is available on the same terms.

An approved I-140 alone does not normally establish adjustment-based EAD eligibility. A qualifying pending I-485 can support category (c)(9), while marriage to a U.S. citizen by itself does not. Our I-765 and marriage-adjustment guide explains the filing relationship.

Student practical training has field-of-study, timing and other restrictions. Certain H-4 spouses need an approved EAD; qualifying E and L spouses may have employment authorization incident to status with appropriate documentation. Refugees and asylees also have distinct incident-to-status rules. Evaluate the actual category rather than copying a friend's application.

Step 2: Prepare identity and eligibility evidence

This is a planning list, not a universal checklist. Some applicants lack an I-94 or use different identity evidence, and online photo procedures differ from paper submissions. Submit copies unless USCIS instructs otherwise. Reconcile names, dates of birth, A-numbers and prior applications before signing.

The form distinguishes an initial request, renewal and replacement or correction. Select the accurate purpose and category. A replacement for a lost unexpired card is not automatically a renewal extending its validity. Preserve a copy of the submitted form, evidence, payment authorization and confirmation.

Step 3: Calculate the current fee

There is no single I-765 fee applicable to everyone. The general fee is often $520 for paper filing or $470 for eligible online filing, but exemptions, reduced fees and statutory additional charges depend on the category and filing history. The $260 adjustment-based fee applies to qualifying applicants tied to an I-485 filed with the required fee on or after April 1, 2024; it is not a rule for every pending I-485.

The October 2026 fee notice sets specified H.R. 1 charges effective for filings postmarked on or after October 16, 2026: $570 for covered initial asylum-applicant, parole and TPS EADs; $275 for asylum-applicant renewals; and $280 for covered parole and TPS renewals. These statutory charges may be additional to another applicable filing fee, so do not treat them as a universal all-inclusive total.

Some categories or initial requests remain exempt from a particular base fee, and qualifying fee-waiver procedures may exist. But an exemption from one fee does not necessarily eliminate a separate statutory charge, and some charges cannot be waived. Refugee, asylee, VAWA, T/U, compact-country, diplomatic-dependent and other cases must be checked against the specific current fee-schedule row rather than an old blanket exemption list.

For paper filings, USCIS generally requires electronic payment authorization through Form G-1450 or G-1650, subject to specified exceptions. Its electronic-payment guidance replaced older routine instructions to send a personal check or money order. Online filings use the prescribed payment system. Verify current payment and exemption instructions immediately before submission.

Step 4: File through the permitted channel

Online filing is available only for designated categories and circumstances. It can provide convenient receipts and tracking, but does not guarantee faster adjudication. Paper filings must use the current address for the particular eligibility category and delivery service. Avoid copying an address from an old article.

Check signatures, form edition, category, supporting documents and payment. If appropriate for a paper filing, Form G-1145 requests acceptance notifications; it is not a substitute for the official receipt. Keep delivery evidence and monitor the case. Report address changes through the required USCIS process as well as arranging mail delivery.

Processing, biometrics and approval

Processing varies by category, agency workload, evidence requests and background checks. There is no universal 90-day or two-to-five-month completion promise. USCIS may schedule biometrics or reuse existing biometrics; not every applicant receives a new appointment.

After approval, inspect the card's name, category and validity dates. Follow the category's work restrictions and employer verification requirements. An approval message or ordinary receipt is not interchangeable with every acceptable Form I-9 document. Our employment-document guide distinguishes an employer's letter from government authorization.

Card validity is not universally one year. Under USCIS guidance effective December 5, 2025, certain covered categories, including adjustment applicants and specified humanitarian categories, have an 18-month maximum for affected new or pending applications. Other categories have different limits, including statutory restrictions for TPS and parole. Existing cards and the underlying authorization must be evaluated under the applicable transition rules.

Renewals: do not assume a 540-day extension

The broad automatic-extension rule changed for renewal applications filed on or after October 30, 2025. The October 14, 2026 final rule retained that change. A timely renewal in a category previously eligible for up to 540 days does not by itself create that extension under the newer rule.

Qualifying renewals filed before October 30, 2025 can retain their earlier extension treatment under the applicable conditions. Separate statutory rules or TPS-specific Federal Register notices may also matter. This is why the receipt date, category, card expiration and any governing notice all need review; an old list of eligible categories is insufficient.

File within the permitted renewal window and plan for a potential work-authorization gap. The absence of a new card does not necessarily terminate every incident-to-status authorization, but a pending application also does not automatically permit continued employment. Obtain a category-specific assessment before working beyond the documented validity period.

Correcting an EAD error

If USCIS caused the error, follow its correction procedure, ordinarily supplying an explanation, proof of the correct information and the incorrect original card as instructed. A USCIS-error correction generally does not require a new I-765 or fee. Confirm the current return instructions and keep copies before mailing the card.

If the error resulted from the applicant's information, a new I-765 for correction or replacement and the applicable fee may be required. Include the necessary explanation and evidence and follow instructions about returning the card. Do not alter the card yourself or assume a correction request extends work authorization.

Lost, damaged or undelivered cards

A lost, stolen or damaged EAD generally requires a replacement application under the applicable instructions. If the card never arrived, first check USCIS status, the mailing address and available postal tracking, then submit the appropriate non-delivery inquiry. Keep the receipt number, A-number, approval information and tracking details available.

The next step can differ depending on whether USCIS mailed the card correctly, it was returned, or it was delivered and subsequently lost. Do not pay for a replacement automatically before checking the agency's non-delivery process. A replacement ordinarily documents the remaining authorization rather than granting a new period.

Delays, expedite requests and denials

Use the official case inquiry process when eligible. A discretionary expedite request needs evidence meeting the relevant criteria; a need to work alone is not a guaranteed approval. Premium processing is available only for specified I-765 categories and should not be confused with a discretionary expedite request.

Read a denial notice promptly. I-765 decisions generally do not provide a routine AAO appeal, although a qualifying motion to reopen or reconsider may be available under the notice and rules. A new application may be appropriate in some situations. Filing a motion does not automatically grant work authorization or cure the underlying eligibility problem.

Frequently asked questions

How soon after marriage can I work?

Marriage alone does not authorize employment. An eligible spouse may apply through a qualifying pending adjustment case or another independent basis and must have valid authorization before working. Compare the marriage green-card FAQs.

Is an EAD the same as a green card or travel document?

No. It documents employment authorization. Permanent residence and travel permission are separate questions. Review the EAD versus green-card comparison and do not assume an EAD alone permits departure and return.

Can I apply separately from my I-485?

An eligible adjustment applicant may be able to file I-765 after the I-485 using the required receipt and evidence. Confirm category, fees and continued eligibility. The I-765 processing guide provides additional planning context.

Contact Green Card Link to review eligibility, filing fees, renewal timing, card errors or a denial with the underlying immigration record and all relevant notices.