EAD: what the US work permit card is and who gets it
Updated: Author: Alina Kanametova
The EAD (I-765): getting a work permit with a pending I-485, the fee and timingEAD: definition
Key answer
Why you need it. While the I-485 is pending, your previous work status (O-1, H-1B) ties you to a specific employer: an O-1 only authorizes work for the petitioner. The EAD removes that tie - you can change jobs, work for yourself or for several employers. An approved I-140 by itself grants no work authorization; the EAD is issued on the basis of a filed I-485 (category C09).
How to get it. Form I-765 is usually filed together with the I-485 and the I-131 (Advance Parole - the travel permit); the EAD and Advance Parole are often issued as one combined card (EAD/AP) that gives both the right to work and the right to leave and return while the green card is pending. You can file the I-485, and therefore the I-765, only when your priority date is available in the Visa Bulletin; if USCIS accepts the Dates for Filing chart that month, early filing gives you the EAD and Advance Parole before the Final Action Date reaches you.
How long it takes. Timing shifts; by community observations the C09 EAD came in about 2 months by median, about 4 months in the AOS bundle, and the combined card with the I-131 in about 5 months or more. Form I-765 has SSN boxes: with them checked, the Social Security number arrives in its own envelope soon after the EAD approval, with no SSA visit.
Typical mistakes. Quitting the job that provides your lawful status before the EAD is issued; showing active work income on a tax return for a period when you had no work authorization yet - an officer can read that as unauthorized work; leaving the US without Advance Parole while the I-485 is pending - the application can be deemed abandoned. An EAD on a pending I-485 lives with the case: if the underlying petition and then the I-485 are denied, the right to work on that card can end.
How it relates to O-1, EB-1A and NIW. The EAD is the transition document between the approved petition and the green card. H-1B and L-1 holders can usually travel on their own visa without using Advance Parole - one reason many keep H-1B or O-1 in parallel with the green card. Issuance timing changes: rely on the current USCIS processing-time tool, not on an old case from the chats.
Who can get an EAD. The bases are listed in the regulation 8 CFR 274a.12 (read Oct 11, 2026). Three lines matter for a talent-visa applicant. (c)(9) - a filed, still pending I-485: on that basis you request the EAD on Form I-765. (b)(13) - O-1 or O-2 status itself authorizes work, but only for the petitioner through whom the status was obtained; no separate card is needed for that. O-3 (the spouse and children of an O-1 holder) is not on the lists in the regulation, so that status does not allow work. Another common line is (c)(8): an asylum applicant whose case has been pending more than 150 days.
What it costs by category. Per the G-1055 fee schedule (edition 10/07/26, read Oct 11, 2026): with a pending I-485 - $260 if it was filed with a fee on or after April 1, 2024, and $0 if filed with a fee between July 30, 2007 and March 31, 2024. The general I-765 fee is $520 on paper and $470 online. For an initial card of an asylum applicant or a parolee the H.R. 1 law added a separate fee of $560; for filings sent on or after October 16, 2026 it is $570 (Federal Register notice 2026-20187). USCIS recommends filing a renewal up to 180 days before the current card expires (the Form I-765 page).
How much does a US work permit (EAD) cost?
Per the USCIS fee schedule (G-1055, edition 10/07/26, checked Oct 11, 2026): $260 if your I-485 was filed with a fee on or after April 1, 2024 and is still pending; $0 if the I-485 was filed with a fee between July 30, 2007 and March 31, 2024. The general I-765 fee outside these cases is $520 on paper and $470 online.
Source: USCIS: fee schedule G-1055, read 2026-10-11.
EAD: the official definition
“A general term used to describe a card USCIS issues on Form I-766, Employment Authorization Card, to aliens who are authorized to work in the United States. The card contains a photograph of the alien and sometimes the alien’s fingerprint. An alien who has an EAD usually has open-market employment authorization, but there are exceptions.”
USCIS Glossary (uscis.gov), read 2026-10-11. Quoted verbatim.
EAD: the official source
EAD: common questions
- How do I get an EAD?
- File Form I-765 - usually in one packet with the I-485 and the I-131 (Advance Parole). The basis is a filed, still pending I-485 (category C09); an approved I-140 alone gives no right to work.
- Who is eligible for an EAD?
- Under 8 CFR 274a.12: someone with a filed, pending I-485 (category (c)(9)), an asylum applicant after 150 days of waiting ((c)(8)) and a number of other categories. An O-1 holder works on the status itself, only for the petitioner ((b)(13)); O-3 carries no right to work.
- How long does the card take?
- By community observations: about 2 months by median for C09, about 4 months in the I-485 bundle, about 5 months or more for the combined EAD/AP card. The official reference is the USCIS processing-times tool for the I-765 at your centre.
- How long is an EAD valid, and is it extended automatically?
- Since Dec 5, 2025 a card based on a pending I-485 (C09) is issued for at most 18 months (Policy Manual update of Dec 4, 2025; five-year cards already issued are not affected). There is no automatic extension while a renewal is pending for renewals filed on or after Oct 30, 2025 (DHS interim final rule), so file the renewal early.
- The I-765 was approved - when does the card arrive?
- Per the USCIS Form I-765 page (checked Oct 2, 2026): the card is produced within 2 weeks of approval and mailed by USPS Priority Mail. Inquire with USCIS no earlier than 30 days after approval; if your address changed, update it with both USCIS and USPS - otherwise the card can get lost and you may need to reapply and pay the fee again.
I-765: how many cases USCIS handles
Q3 of fiscal year 2026 (April-June 2026): USCIS received 153,039 filings on this line, approved 46,405 and denied 35,767 (56% of decisions were approvals); 671,362 were waiting at the end of the quarter. Half of the completed cases took up to 6.4 months.
| Line in the report | Received | Approved | Denied | Pending | Median, mo. |
|---|---|---|---|---|---|
| I-765 based on adjustment of status | 153,039 | 46,405 | 35,767 | 671,362 | 6.4 |
Decisions are counted in the quarter they were issued, so some were filed earlier; the line covers every category of the form, not your visa alone. Source: USCIS, Number of Service-wide Forms (xlsx), read 2026-10-11.
EAD: what to do - tools
EAD: read next
EAD: documents and templates from the library
EAD: from community discussions
«You can have membership in organizations/federations/associations where you don't receive a salary, list them as current. And in general it's all just for show, just to fill in the information about you, they're not going to dig up your organizations' documentation and check the termination orders.»
Nikolay · from public community chats
«For a specialist, citations don't matter) you just need the fact that you published scientific articles and that's it, at least 2 of them, both for O-1 and for EB, this criterion doesn't prove extraordinary ability on its own )»
community member · from public community chats
«The main difference from O-1 is you have to show that you've reached the very top in your field, recognized by other experts. Not just 'well done' but in the superlative degree, to an indecent extent.»
community member · from public community chats
Personal opinions of community members from public discussions, not legal advice.
EAD: related terms
A reference definition, not legal advice. Requirements and procedures depend on your case - verify on uscis.gov.
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