Breaking news: automatic EAD extensions ending

BREAKING NEWS: Effective October 30. DHS will no longer grant automatic extensions to foreign national workers applying for renewal of their EAD. Previously, foreign nationals received an automatic 540-day extension of their work authorization while their renewal was being processed. This means EAD holders will need to file Form I-765 sooner in order to account for processing time, as their EAD could expire before processing completes. Learn more about the DHS’s announcement and read our memorandum about the changes .

• DHS’s announcement — https://manifestlaw.com/blog/immigration/news/automatic-ead-renewal-to-end/
• memorandum about the changes — https://manifestlaw.com/blog/immigration/news/memorandum-dhs-elimination-of-automatic-ead-extension/

Stay informed. Stay ahead.

Subscribe to our newsletter for immigration resources and news-without the legal jargon.

Why Form I-765 matters

If you’re living in the U.S. without a green card, you already know the truth: You can’t just start a job because you’re qualified—you need permission.

And in many cases, that permission comes in the form of an Employment Authorization Document (EAD) issued by U.S. Citizenship and Immigration Services (USCIS) after you file a Form I-765.

Henry Lindpere, Senior Immigration Counsel at Manifest Law explains:

“Immigration statuses in the U.S. can broadly be organized into three categories:

1. those that include work authorization incident to status, e.g., having an H-1B allows you to work for the H-1B sponsoring employer without needing any additional documents;
2. those that do not include work authorization but can request it, e.g., an F-1 student who is starting Optional Practical Training after graduating with a degree; and
3. those that do not include work authorization and cannot request it in any circumstance, e.g. F-2 dependents of F-1 students are not allowed to work and cannot get an EAD.

The I-765 is for all the people in category number 2 above.”

What Is Form I-765 and Why Does It Matter

Form I-765, officially called the Application for Employment Authorization, is the form you file with USCIS to request permission to work in the United States.

If it’s approved, you’ll receive an Employment Authorization Document (EAD)—a plastic, government-issued ID card (also often referred to as a work permit) that tells employers you’re legally allowed to work in the U.S.

Who Needs a Form I-765?

You need Form I-765 if you’re in the U.S. but don’t already have automatic work rights through your current immigration status. That could include (but isn’t limited to):

• People applying for a green card (adjustment of status applicants filing Form I-485 )
• Certain F-1 students using Optional Practical Training (OPT) or STEM OPT extensions
• Dependent spouses of employment-based visa holders , asylees, people with Temporary Protected Status (TPS)

People applying for a green card (adjustment of status applicants filing Form I-485 )

Certain F-1 students using Optional Practical Training (OPT) or STEM OPT extensions

Dependent spouses of employment-based visa holders , asylees, people with Temporary Protected Status (TPS)

But if you’re a U.S. citizen or a lawful permanent resident (i.e., green card holder), you don’t need an EAD.

Your proof of work authorization is your passport or green card itself.

Did you know there are multiple types of visas, and they all require specific documentation and processes?

Here is a quick guide to some of the most common visas below.

Nonimmigrant visas:

The B-2 visa is a tourist visa, visitor visa for medical treatment, or a visa for special events.

The B-1 visa is for individuals traveling to the U.S. temporarily for business-related activities, such as attending meetings, conferences, or negotiating contracts.

The J-1 visa is for individuals participating in approved exchange academic or scholarly visitor programs in the U.S.

The O-1A visa is for professionals in science, education, business, and athletics.

The O-1B visa is for those in the arts, motion pictures, or television.

Immigrant visas:

The EB-1 visa is an immigrant visa for individuals with extraordinary ability, outstanding professors or researchers, or multinational executives, offering a fast-track to a green card without needing employer sponsorship in some cases.

The EB-2 visa is an immigrant visa for professionals with advanced degrees or exceptional ability, and includes the National Interest Waiver (NIW) option for those whose work benefits the U.S. and want to self-petition without employer sponsorship.

There are dozens of different types of visas, and this is not an exhaustive list. An experienced immigration attorney can help you choose the right path.

Why Is Form I-765 So Important?

Without an approved EAD card, you can’t legally work in the U.S. for any employer.

Working without authorization can cause serious immigration consequences, from fines to jeopardizing future visa or green card applications.

Filing Form I-765 correctly—and on time—protects both your career and your immigration future.

Immigration Lawyer Explains Form I-765

In this video, Manifest Law’s Senior Counsel, Henry Lindpere, walks through Form I-765 and what you need to know before filing.

Who Can Apply for Employment Authorization Through Form I-765

Not everyone needs a work permit. But if your current immigration status doesn’t automatically allow you to work, Form I-765 is your way to request it.

Here are the main groups who can apply:

• Adjustment of Status Applicants: If you’ve filed Form I-485 to apply for a green card, you can submit Form I-765 at the same time (or after) so you can work while your case is pending. This is common for applicants in the EB-1A or EB-2 NIW categories.

Adjustment of Status Applicants: If you’ve filed Form I-485 to apply for a green card, you can submit Form I-765 at the same time (or after) so you can work while your case is pending. This is common for applicants in the EB-1A or EB-2 NIW categories.

• Certain Nonimmigrant Workers: This includes people here on temporary visas who aren’t automatically authorized to work for all employers. For example, H-4 dependent spouses of H-1B visa holders who qualify for an EAD.

Certain Nonimmigrant Workers: This includes people here on temporary visas who aren’t automatically authorized to work for all employers. For example, H-4 dependent spouses of H-1B visa holders who qualify for an EAD.

• Students: F-1 students may be eligible for work authorization through Optional Practical Training (OPT), post-completion OPT, or a STEM OPT extension. M-1 students can apply for work authorization after completing their program through practical training.
• J-2 Dependents of J-1 Visa Holders: Spouses of certain J-1 visa holders can get an EAD as long as the J-1 shows sufficient funds to support themselves and they will not rely on the income from their J-2 spouse for essential living costs.

Students: F-1 students may be eligible for work authorization through Optional Practical Training (OPT), post-completion OPT, or a STEM OPT extension. M-1 students can apply for work authorization after completing their program through practical training.

J-2 Dependents of J-1 Visa Holders: Spouses of certain J-1 visa holders can get an EAD as long as the J-1 shows sufficient funds to support themselves and they will not rely on the income from their J-2 spouse for essential living costs.

• Temporary Protected Status (TPS) Holders: Nationals of certain countries designated for TPS can apply for or renew their EAD during their TPS validity period.

Temporary Protected Status (TPS) Holders: Nationals of certain countries designated for TPS can apply for or renew their EAD during their TPS validity period.

Each of these categories has its own eligibility category code you’ll need to enter on the I-765.

You can find the full list of eligibility category codes on the USCIS website .

🧑‍💼 Curious how others in your field made it work? Manifest Law’s experienced attorneys have helped thousands of immigrants secure their future in the U.S. Explore our visa approval notices and success stories to learn how we helped founders, researchers, and artists like you turn their stories into winning petitions.

When to File Form I-765

With so many different forms required for an immigration process, it can be challenging to know when to submit what.

Here’s when to file your Form I-765:

• Initial Application: File as soon as you’re eligible under your current immigration status or eligibility category. For example, an F-1 student applying for post-completion OPT can submit their I-765 application up to 90 days before their program end date listed on Form I-20.
• Concurrent Filing with Form I-485: If you’re applying for a green card through Form I-485 (Adjustment of Status), you can file Form I-765 at the same time. This lets you work while your green card case is pending—often for months or more than a year. Pairing it with Form I-131 for a travel document can give you both work and travel flexibility during the wait.

Initial Application: File as soon as you’re eligible under your current immigration status or eligibility category. For example, an F-1 student applying for post-completion OPT can submit their I-765 application up to 90 days before their program end date listed on Form I-20.

Concurrent Filing with Form I-485: If you’re applying for a green card through Form I-485 (Adjustment of Status), you can file Form I-765 at the same time. This lets you work while your green card case is pending—often for months or more than a year. Pairing it with Form I-131 for a travel document can give you both work and travel flexibility during the wait.

• Renewal: Apply well before your EAD card expires—USCIS recommends filing 180 days in advance. Certain categories, like H-4 dependent spouses or STEM OPT extension holders, may get an automatic 180-day extension if they file on time.
• Replacement: File if your card is lost, stolen, damaged, or contains incorrect information. Use the same form, but indicate you’re requesting a replacement rather than an initial EAD.

Renewal: Apply well before your EAD card expires—USCIS recommends filing 180 days in advance. Certain categories, like H-4 dependent spouses or STEM OPT extension holders, may get an automatic 180-day extension if they file on time.

Replacement: File if your card is lost, stolen, damaged, or contains incorrect information. Use the same form, but indicate you’re requesting a replacement rather than an initial EAD.

Filing Timeline Pitfalls to Avoid

Keep these tips in mind to lessen any timeline issues:

• Don’t file too early: USCIS may reject your application if it’s outside the allowed filing window for your category.
• Don’t file too late: Missing renewal deadlines can lead to a work gap while you wait for approval. (Remember, USCIS recommends filing 180 days in advance of your EAD card expiration.)
• Ensure you match you’re eligibility category: Using the wrong code delays processing and could require a refiling.

Don’t file too early: USCIS may reject your application if it’s outside the allowed filing window for your category.

Don’t file too late: Missing renewal deadlines can lead to a work gap while you wait for approval. (Remember, USCIS recommends filing 180 days in advance of your EAD card expiration.)

Ensure you match you’re eligibility category: Using the wrong code delays processing and could require a refiling.

🔍 Unsure if you’re completing the I-765 correctly? You don’t have to figure it out alone. At Manifest Law, we’ll help you chart the smartest path forward, not just file the paperwork. Learn more about working with our experienced visa lawyers .

How to Apply for an Employment Authorization Document (Step-by-Step)

Filing Form I-765 isn’t complicated—but USCIS will reject or delay your case if you skip a step or send the wrong information.

Here’s exactly how to do it in 2025:

1. Confirm your eligibility
2. Gather required documents
3. Complete Form I-765 accurately
4. Pay the correct fee
5. Submit your application
6. Attend your biometrics appointment (if required)
7. Track your case once submitted

Confirm your eligibility

Gather required documents

Complete Form I-765 accurately

Pay the correct fee

Submit your application

Attend your biometrics appointment (if required)

Track your case once submitted

⚠️ This article is for general information only and is not legal advice. If you need help applying for your Employment Authorization Document (EAD), consult with an immigration attorney right away to understand your options. Manifest Law is here to help. Request a consultation here .

Step 1: Confirm Your Eligibility

Before you start the form, make sure you fall under an official eligibility category recognized by U.S. Citizenship and Immigration Services (USCIS).

• The full list is on the USCIS Form I-765 eligibility page .
• Each category has a code. For example, (c)(9) for adjustment of status applicants, (c)(3)(C) for STEM OPT extension, or (a)(5) for an asylee.
• Double-check this code against your current immigration status and supporting documents—using the wrong one can mean a rejection or months-long delay.

The full list is on the USCIS Form I-765 eligibility page .

Each category has a code. For example, (c)(9) for adjustment of status applicants, (c)(3)(C) for STEM OPT extension, or (a)(5) for an asylee.

Double-check this code against your current immigration status and supporting documents—using the wrong one can mean a rejection or months-long delay.

Step 2: Gather Required Documents

Your application isn’t complete without the right evidence.

Most applicants will need:

• Completed Form I-765 (make sure you have the latest version)
• Copy of your Form I-94 arrival/departure record
• Copy of a government-issued photo ID from your home country
• Copy of your passport ID page
• Copy of your most recent U.S. visa
• Two identical passport-style photos (per USCIS specifications)
• Proof of your eligibility category
• Copies of prior EAD cards (if applicable)

Completed Form I-765 (make sure you have the latest version)

Copy of your Form I-94 arrival/departure record

Copy of a government-issued photo ID from your home country

Copy of your passport ID page

Copy of your most recent U.S. visa

Two identical passport-style photos (per USCIS specifications)

Proof of your eligibility category

Copies of prior EAD cards (if applicable)

Step 3: Complete Form I-765 Accurately

The form i-765 instructions are dense, so here’s what they really mean in plain English:

• Item Numbers 1–2: Select the right application type (initial, renewal, replacement).
• Your Information: Use your full legal name exactly as it appears on official records. Include any other names used (nicknames, maiden name, etc.).
• U.S. Mailing Address: Make sure this is somewhere you can reliably receive mail from USPS. Your EAD will be sent to the address you put on this form.
• Place and Date of Birth: Must match your passport or birth certificate.
• Social Security Number: If you don’t have one, check the box to have the Social Security Administration (SSA) issue you one.
• Alien Registration Number (A-Number): If applicable, this will be on prior immigration notices or previous EADs.
• Current Immigration Status: Input that here—e.g., “F-1 student” or “H-4 dependent spouse.”
• Eligibility Category: Enter the exact code (e.g., c(9), c(3)(B)). Check with an immigration attorney if you need help.
• Applicant’s Statement, Contact Information, and Signature: Sign in ink if you’re sending your application through the mail—USCIS doesn’t accept electronic signatures on most forms, unless they’re submitted online.

Item Numbers 1–2: Select the right application type (initial, renewal, replacement).

Your Information: Use your full legal name exactly as it appears on official records. Include any other names used (nicknames, maiden name, etc.).

U.S. Mailing Address: Make sure this is somewhere you can reliably receive mail from USPS. Your EAD will be sent to the address you put on this form.

Place and Date of Birth: Must match your passport or birth certificate.

Social Security Number: If you don’t have one, check the box to have the Social Security Administration (SSA) issue you one.

Alien Registration Number (A-Number): If applicable, this will be on prior immigration notices or previous EADs.

Current Immigration Status: Input that here—e.g., “F-1 student” or “H-4 dependent spouse.”

Eligibility Category: Enter the exact code (e.g., c(9), c(3)(B)). Check with an immigration attorney if you need help.

Applicant’s Statement, Contact Information, and Signature: Sign in ink if you’re sending your application through the mail—USCIS doesn’t accept electronic signatures on most forms, unless they’re submitted online.

Step 4: Pay the Correct Fee

Filing fees are adjusted from time to time, so make sure to check the USCIS filing fee schedule to confirm the most up-to-date fees. The fees below are accurate as of August 2025.

• The current standard fee is $520 by mail or $470 online.
• Some categories have reduced fees or no fees at all, like for certain asylum applicants or if this is your initial EAD and you’ve already paid your Form I-485 filing fee.
• Biometrics fee: $85 for certain categories, like Deferred Action for Childhood Arrivals (DACA).
• If you can’t afford the fee, request a fee waiver using Form I-912 and provide evidence of financial hardship.

The current standard fee is $520 by mail or $470 online.

Some categories have reduced fees or no fees at all, like for certain asylum applicants or if this is your initial EAD and you’ve already paid your Form I-485 filing fee.

Biometrics fee: $85 for certain categories, like Deferred Action for Childhood Arrivals (DACA).

If you can’t afford the fee, request a fee waiver using Form I-912 and provide evidence of financial hardship.

Step 5: Submit Your Application

You can submit your Form I-765 by filing online or by sending it by mail.

Filing online is faster for getting a receipt notice, but it won’t make USCIS process your case any quicker.

• If you’re filing online, create a USCIS online account to submit your application, upload documents, and track updates.
• If you’re filing by mail, send to the correct USCIS lockbox or service center based on your eligibility category and location (addresses listed on the USCIS website).

If you’re filing online, create a USCIS online account to submit your application, upload documents, and track updates.

If you’re filing by mail, send to the correct USCIS lockbox or service center based on your eligibility category and location (addresses listed on the USCIS website).

Step 6: Attend Your Biometrics Appointment (If Required)

Next up, if USCIS needs your fingerprints and photo, you’ll be asked to attend a biometrics appointment (which is just a fancy phrase for photo and fingerprints).

• You’ll receive a biometrics appointment notice by mail with the date in the standard U.S. (mm/dd/yyyy) format, your appointment time, and location.
• Bring the notice, a valid photo ID, and any other documents listed.

You’ll receive a biometrics appointment notice by mail with the date in the standard U.S. (mm/dd/yyyy) format, your appointment time, and location.

Bring the notice, a valid photo ID, and any other documents listed.

Step 7: Track Your Case

Once you get your receipt number after submitting your application, you can use the USCIS Case Status tool to check progress.

You can also sign up for email or text notifications through your USCIS online account.

How Long Does It Take to Get an EAD in 2025?

Once you’ve submitted your Form I-765, you’re probably wondering how long it takes until you get a decision.

Unfortunately, there’s no one-size-fits-all answer. But current processing time ranges (for 2025) can be anywhere from 3 to 12+ months.

USCIS processing times for Form I-765 vary widely depending on your eligibility category, where your case is processed, and how complete your application is when it arrives at the USCIS lockbox.

Here’s what really contributes to your I-765 wait time

• USCIS service center workload : Some locations have backlogs measured in months.

USCIS service center workload : Some locations have backlogs measured in months.

• Application completeness : Missing supporting documents or using the wrong eligibility category code can trigger Requests for Evidence (RFEs) and restart the clock.
• Category demand : High-demand groups like STEM OPT applicants often see seasonal surges around graduation dates.
• USCIS staffing & priorities : Changes in policy or humanitarian emergencies can push certain categories to the front of the line.

Application completeness : Missing supporting documents or using the wrong eligibility category code can trigger Requests for Evidence (RFEs) and restart the clock.

Category demand : High-demand groups like STEM OPT applicants often see seasonal surges around graduation dates.

USCIS staffing & priorities : Changes in policy or humanitarian emergencies can push certain categories to the front of the line.

But what if you can’t wait months?

🧑‍💼 Curious about how to get through the process with confidence? Manifest Law’s experienced attorneys have helped thousands of immigrants and their families secure their future in the U.S. Request a consultation here .

Can You Work While Your Form I-765 Is Pending?

Generally, no—you must wait for your EAD card to be approved before starting work.

The exception is if your current immigration status (like H-1B or L-1) already authorizes you to work, or if you are applying for a renewal under a category that qualifies for an automatic extension during processing.

But in some cases, you can expedite your form.

How to Expedite Your Form I-765

Sometimes waiting months for a work permit isn’t an option—especially if a job offer, financial stability, or your family’s well-being is on the line.

While USCIS doesn’t offer “premium processing” for most Form I-765 applications, they do allow expedited requests in certain situations.

USCIS expedite criteria include:

• Severe financial loss to a person or company if the case isn’t processed quickly
• Emergencies or urgent humanitarian reasons
• Requests from nonprofit organizations furthering cultural or social interests of the U.S.
• USCIS errors that require quick correction
• U.S. government interests (including national security or public safety concerns)

Severe financial loss to a person or company if the case isn’t processed quickly

Emergencies or urgent humanitarian reasons

Requests from nonprofit organizations furthering cultural or social interests of the U.S.

USCIS errors that require quick correction

U.S. government interests (including national security or public safety concerns)

To improve your chances of an expedited permit, prepare a clear written request explaining your urgency, include strong supporting documents (like a job offer with a start date or proof of hardship), and reference your receipt number and eligibility category.

You can contact USCIS by phone or, if you filed online, through your USCIS online account to initiate the request.

Also, some I-765 categories are eligible for premium processing, such as F-1 students applying for OPT.

⚠️ This article is for general information only and is not legal advice. If you need to get through the process fast, make sure you talk with an immigration attorney to submit all required paperwork and evidence correctly the first time. Manifest Law is here to help. Request a consultation here .

Form I-765 Mistakes to Avoid

Even a small error on Form I-765 can cost you weeks—or months—of processing time. Here are the pitfalls we see most often, and how to avoid them.

Mistake

Filing under the wrong eligibility category code

Missing required evidence

Using an incorrect mailing address

Forgetting to sign in ink

How to resolve

Your category code tells USCIS why you’re eligible for a work permit. Using the wrong one can lead to a rejection or a Request for Evidence (RFE). Always confirm your code on the USCIS website before you file.

Forgetting to include supporting documents will put your application on hold until you respond to an RFE. Use a checklist to ensure nothing gets left out.

USCIS has different lockbox and service center addresses depending on your eligibility category and filing method. Sending your completed form to the wrong place can result in it being returned or delayed.

USCIS will reject a mailed I-765 application without a handwritten signature in ink. Electronic signatures are only accepted for online filings. Keep in mind that a missing signature means starting over from scratch.

Manifest Law©️. Learn more on www.manifestlaw.com

Your Form I-765 Submission: Move Forward with Clarity

Navigating the U.S. immigration process can feel like walking through a maze in the dark—but the right information is a powerful start.

At Manifest Law, we believe no one should have to battle the system just to understand it. That’s why we write guides like this: to bring clarity to complex processes, one step at a time.

But when it comes to actually moving forward, you deserve more than blog posts. You deserve a clear, personalized strategy—built around your accomplishments, your timeline, and your goals for life in the U.S.

👉 If you’re ready to stop guessing and start planning, our immigration attorneys are here to help. Request a consultation with Manifest Law now.

What happens if my I-765 is denied?

If USCIS denies your Form I-765 application, you’ll get a written notice explaining the reason—such as missing required documents, the wrong eligibility category, or issues with your current immigration status.

Depending on the denial, you may refile with corrected information, request a motion to reopen, or consult an immigration attorney about alternative work authorization options.

How soon should I renew my EAD?

File your EAD renewal at least 180 days before the expiration date on your current EAD card.

Some categories may qualify for an automatic 180-day extension if the renewal is filed on time.

What’s the difference between an EAD and a green card?

An Employment Authorization Document is temporary proof of work authorization tied to your current immigration status or eligibility category.

A green card (permanent residence) provides indefinite work rights and also serves as proof of lawful status in the U.S.

Can I travel while my I-765 is pending?

Yes, but only if you have another valid travel document or visa that allows you to re-enter.

If you leave without maintaining nonimmigrant status or without advance parole (for adjustment of status applicants), your I-765 could be delayed or denied.

How long does it take for I-765 to get approved?

Processing times in 2025 range from 3 months to over 12+ months for certain adjustment of status cases.

Check the USCIS Processing Times tool for your service center and category code.

How much is the fee for Form I-765?

The standard filing fee is $520 by mail or $470 online, plus an $85 biometrics fee for certain categories. Some applicants may qualify for a fee waiver using Form I-912.

How long does it take for a work permit to be approved?

An EAD is usually approved within 3 to 12+ months, depending on the USCIS service center, category demand, and whether your supporting documents were complete at filing.

Delays are common if USCIS issues a Request For Evidence (RFE).

Who needs to pay a biometrics fee when applying for a work permit?

Applicants in categories such as DACA, certain TPS filings, and individuals facing compelling circumstances under employment-based petitions must pay the additional $85 biometrics fee. This is in addition to the Form I-765 filing fee.

Can I file Form I-765 at the same time as my Form I-485 (Adjustment of Status) to avoid a work gap?

Yes, concurrent filing lets you submit both the I-485 and I-765 application together, often with Form I-131 for travel.

This strategy helps many employment-based and family-based applicants maintain work authorization during green card processing.

Will filing Form I-765 impact my current nonimmigrant status or visa renewal?

No—filing an I-765 doesn’t change your underlying nonimmigrant status. But if your current status expires before your EAD is approved, you could lose work eligibility unless another status or extension is in place.

What’s the fastest way for a high-skilled professional to get an initial EAD—expedite, premium processing, or concurrent filing?

There’s no premium processing for most I-765 applications, but an expedited request can work if you meet strict USCIS criteria.

For many employment-based applicants, concurrent filing with Form I-485 offers the fastest and most reliable path.

Take the First Step:

Request an evaluation

Discuss the visa options of interest to you

General information about timelines, fees, requirements for various visa options

Information on Manifest fees, terms and process

Full clarity and transparency every step along the way

Request a consultation

Avi Goldenberg

Principal attorney at Manifest Law, PLLC

In this blog article:

What Is Form I-765 and Why Does It Matter

Video: Immigration Lawyer Explains Form I-765

Who Can Apply for Employment Authorization Through Form I-765

When to File Form I-765

How to Apply for an Employment Authorization Document (Step-by-Step)

How Long Does It Take to Get an EAD in 2025?

Your Form I-765 Submission: Move Forward with Clarity

Frequently Asked Questions about Form I-765