January 2026 Update: Fee Increases and Policy Changes
As of January 1, 2026, USCIS has implemented a new fee schedule that raises the cost of Form I-765 to $560 for initial applications and renewals in many categories, including asylum seekers (who previously filed for free). In a major policy shift effective October 30, 2025, DHS officially terminated the automatic 540-day extension for most EAD renewal applicants; those filing on or after this date will no longer receive an automatic extension while their renewal is pending, making it critical to file at least 180 days before expiration to avoid work gaps. Furthermore, for EADs issued on or after December 5, 2025, USCIS has reduced the maximum validity period from five years down to 18 months for asylees, refugees, and pending asylum applicants. While Adjustment of Status applicants (Category c(9)) can still file for a reduced fee of $260 if their I-485 is pending, they must now pay a separate fee for the travel document (I-131). For the most current fee details and category-specific validity rules, please visit the official USCIS G-1055 Fee Schedule and the USCIS Newsroom.
(The following article was written in 2022, please consult with an immigration attorney for up-to-date information on the current status of this or any other immigration program)
What is Form I-765, Application for Employment Authorization?
All U.S. citizens and green card holders (i.e. lawful permanent residents) may seek employment in the U.S. without any special permission. Individuals with temporary non-immigrant status need to acquire authorization from U.S. Citizenship and Immigration Services (USCIS) to be able to work in the U.S. This authorization is the gained by submitting Form I-765, Application for Employment Authorization. If approved, the applicant receives an Employment Authorization Document (EAD), otherwise known as a Work Permit. Bear in mind that only certain non-immigrant visa categories are allowed to apply for Employment Authorization; this is not something open to every non-immigrant visa class.
EAD cards are typically valid for one year, but some visa categories may be issued longer work permits. You can apply for a renewal of an EAD within 120 days of your work permit expiring – provided you are still under an immigration category that is eligible to receive a work permit. To put it another way, if your immigration status changes in such a way where your new category is ineligible for Employment Authorization, your application for renewal will not be approved.
Who is Eligible for a U.S. Work Permit?
U.S. Citizens, lawful permanent residents, and conditional permanent residents are already authorized to work in the U.S and do not need to apply for Form I-765, Application for Employment Authorization. Individuals on a non-immigrant employment visa that ties them a specific employer (e.g. H-1B, L-1B, O, TN or P visa) also don’t need to apply. There are two main non-immigrant visa groups eligible to apply for Form I-765, Application for Employment Authorization. These are:
1. Individuals who have non-immigrant status that already authorize them to work in the United States but need evidence to show potential employers they can legally work. This group encompasses asylees, refugees, or U-nonimmigrant status holders.
2. The second group eligible to apply for Employment Authorization Documents are foreign nationals in the U.S. under various non-immigrant visa categories who need to apply for permission from USCIS to work. These are:
- Green Card applicants waiting for the decision regarding their case or those who applied for an Adjustment of Status (i.e. they have a pending Form I-485 application)
- Asylum seekers allowed to stay in the U.S. who have a pending Form I-589, or Application for Asylum and for Withholding of Removal.
- Individuals in the United States under a F-1 or M-1 student visa.
- The spouses of certain employment-based E1, E2, and (some) H1-B visa holders.
- Individuals eligible for Deferred Action for Childhood Arrivals (DACA)
- Micronesia, the Marshall Islands, and Palau citizens
- Spouses of L-1 visa holders.
Important Information for Asylum Seekers
As of August 25, 2020, asylum seekers must wait to apply for employment authorization at least 365 calendar days after filing a complete asylum application.
Asylum seekers are only eligible to receive employment authorization if they:
- Entered the United States lawfully, which means they were inspection and admitted or paroled at an airport or border checkpoint;
- Filed the asylum application within one year from the date of last arrival into the United States (with limited exceptions);
- Appeared for any scheduled biometric services appointments related to the application for asylum or employment authorization;
- Appeared at the interview with a USCIS asylum officer, or at the hearing before an immigration judge, if requested or scheduled;
- Have not caused any delays related to the asylum application; and
- Have not yet received a final decision on their asylum application (note that a referral to an immigration judge after an interview with the USCIS Asylum Office is not a final decision).
How to Apply for a U.S. Work Permit
An application for Employment Authorization should have the following required documents:
- Completed Form I-765
- USCIS fees
- 2 passport-size photos
- A copy of Form I-94 (your Arrival/Departure Record)
- Proof of eligibility to apply for Employment Authorization
- Any additional supporting documents, depending on eligibility qualification
What is the Processing Time for Form I-765, Application for Employment Authorization (U.S. Work Permit)?
The processing time for a Form I-766 application is typically much quicker than a green card application. Applications are usually resolved in less than 6 months; however, this may take longer if the applicant receives a RFE (Request for Evidence) from the USCIS. If such a request is received, the applicant can expect another 60-90 days of processing time after submitting the required evidence.
For more information on the Application for Employment Authorization process or for help filling out your I-765 form, contact us today.