Form I-765 in 2026: Work Permit Fees, Validity, and Timing
Written by the Ellis Porter content team. This article has not been reviewed by an attorney. It is general information, not legal advice.
In plain English
Form I-765 is how you ask USCIS for a work permit, a card called an EAD. You can only get one if you fit a specific category, such as having a green card application pending, an asylum case pending, or being certain visa holders’ spouses. Several things changed recently. Work permits for people with a pending green card now last at most 18 months instead of five years. If you file to renew on time, your old card no longer automatically stays valid while you wait. And processing for green card applicants was running about a year. If you have a pending green card application, the fee is $260. Plan renewals early so you do not end up with a gap.
If a paycheck depends on this card
Maybe you are waiting on a green card, an asylum case, or a spouse’s status, and you just want to work legally while you wait. Form I-765 is the form for that, and it is also the form where small timing mistakes can cost you weeks of income. Here is how it works in 2026, including three recent changes that affect almost everyone filing.
Form I-765, Application for Employment Authorization, requests permission to work, an Employment Authorization Document (EAD, Form I-766), or both. USCIS explains on its EAD page that some people are authorized to work because of their status and need the card only as proof, while others, including anyone with "a pending Form I-485," must apply for permission itself.
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The Adjustment of Status Filing Checklist
What goes in an I-485 package, the filing details that get applications rejected, and the work and travel rules to know before you file.
Who can file: the eligibility categories
You must fit a category in the regulations. Wanting to work is not enough. Each category has a code that you enter on the form, and USCIS publishes its maximum validity in the Policy Manual.
You do not need an EAD at all if you are a permanent resident, or if your status lets you work for a specific employer, such as H-1B, L-1B, O, or P, according to USCIS.
The most common use: working while your green card is pending
If you have a pending Form I-485, you qualify under category (c)(9). Many people file the I-765 together with the I-485 so the clocks run in parallel. If you are just starting, our I-485 application guide covers the green card form itself.
What changed is the length of the card. On December 4, 2025, USCIS issued Policy Alert PA-2025-27, reducing the maximum validity for several categories, including (c)(9), to 18 months. USCIS said shorter periods support "screening and vetting efforts." The change applies to applications pending or filed on or after December 5, 2025. Cards approved before then keep their printed dates.
Put that next to processing times and the planning problem is clear. If a (c)(9) EAD lasts 18 months and a renewal can take around a year, you may need to file a renewal not long after you receive the first card.
Automatic extensions mostly ended in October 2025
For years, many people who filed a renewal on time could keep working on their old card for a period after it expired. That generally no longer applies.
The Policy Manual now says that people "who filed Form I-765 before October 30, 2025, to timely renew their EADs may have received automatic extensions." For renewals filed on or after that date, plan as if your authorization ends on the date printed on the card. USCIS’s EAD page encourages filing a renewal "as soon as possible once your EAD is within 180 days of its expiration date to reduce the possibility of a gap."
If you hold a pending I-485 and are still maintaining a status that authorizes work for a specific employer, such as H-1B, USCIS says you do not need an EAD to work for that employer, so a lapse in the EAD does not by itself stop that job. If the EAD is your only work authorization, a lapse means you have to stop working until the new card arrives.
What it costs
As of the current USCIS fee schedule (Form G-1055, edition 10/16/26):
The base amounts and the $260 reduced fee come from 8 CFR 106.2, which states the online discount does not apply to the $260 fee. The Pub. L. 119-21 fees come from the July 2025 budget law, often called H.R. 1. The fee schedule says these fees "are not waivable," must be paid by separate payment, and "adjust each year." New inflation-adjusted amounts took effect October 16, 2026, so a filing postmarked on or after that date with an old amount is rejected.
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How long it takes
On October 23, 2026, the USCIS processing times tool showed, for the (c)(9) pending adjustment category:
Other categories have their own figures in the tool. After approval, the I-765 page says "your EAD card should be produced within 2 weeks" and mailed, and asks you to "allow a total of 30 days from approval before inquiring."
Filing details that changed this fall
- Edition: USCIS is accepting the 08/21/25 edition of Form I-765 and, because of a September 14, 2026 federal court order, is not accepting the 09/15/26 edition. Check the I-765 page before you print.
- Address: USCIS changed I-765 filing locations on October 7, 2026, and accepts filings at the old address only if postmarked on or before November 9, 2026.
- Fees: H.R. 1 fees were adjusted for fiscal year 2027 effective October 16, 2026.
EAD vs green card vs work visa
An EAD is not a status. The Policy Manual explains that employment authorization automatically terminates in certain circumstances when you are no longer eligible, so if the basis for your card ends, for example a final denial of your I-485, the card can stop being valid. If you plan to travel while your I-485 is pending, the EAD does not cover that. You need advance parole, and since August 2026 that carries new risk for anyone with a past overstay.
A five-point filing check
Before you send an I-765, run through this list:
- Category: enter the code that matches your actual basis, because the Policy Manual says validity periods "are generally determined based on the eligibility category that is granted."
- Fee: pay the exact amount for your category, and pay any Pub. L. 119-21 fee as a separate payment. The fee schedule warns that an incorrect fee means rejection.
- Edition: use the edition the I-765 page says USCIS is accepting, currently 08/21/25.
- Address: mail to the current Direct Filing Address for your category.
- Renewal date: put a reminder 180 days before your card expires, so you can file as soon as USCIS encourages renewals.
How an Ellis Porter attorney helps
Which category fits you, what fee applies, and how to time renewals so you never lose a paycheck are questions with real money attached. A licensed Ellis Porter attorney can confirm your category, file the I-765 alongside your green card case, and plan renewals around the 18-month cap. Learn more about our employment-based and family-based immigration practices, or start with our overview of AOS immigration.
This article is general information, not legal advice, and does not create an attorney-client relationship. Fees, validity periods, and processing times change; confirm current details on the USCIS website before filing, and consult a licensed immigration attorney about your case.
Frequently asked questions
What is Form I-765?
Form I-765, Application for Employment Authorization, is the form used to request permission to work in the US, an Employment Authorization Document (EAD, Form I-766), or both. You must fit an eligibility category listed in 8 CFR 274a.12. Some people, such as asylees, are authorized to work because of their status and use the EAD as proof; others, such as pending green card applicants, must apply for permission.
How much does Form I-765 cost in 2026?
Under the USCIS fee schedule (Form G-1055, edition 10/16/26), the general fee is $520 by mail or $470 online. If you filed Form I-485 with a fee on or after April 1, 2024 and it is still pending, the fee is $260, with no online discount. It is $0 if your I-485 was filed with a fee between July 30, 2007 and April 1, 2024. Asylum, parole, and TPS categories also owe fees set by Pub. L. 119-21.
How long is an EAD valid for a pending green card?
Up to 18 months. USCIS Policy Alert PA-2025-27 reduced the maximum validity for the (c)(9) pending adjustment category from five years to 18 months for applications pending or filed on or after December 5, 2025. The same 18-month cap applies to pending asylum applicants, refugees, and asylees. EADs approved earlier keep their printed expiration dates.
Does my EAD get an automatic extension if I renew on time?
Not anymore, for most categories. The USCIS Policy Manual now says that people who filed a timely renewal Form I-765 before October 30, 2025 may have received automatic extensions. Renewals filed on or after that date generally do not receive one, so your work authorization can lapse if the new card is not approved before the old one expires. USCIS encourages filing within 180 days of expiration.
How long does the I-765 take for a pending I-485?
On October 23, 2026, the USCIS processing times tool showed that 80 percent of (c)(9) work permit applications based on a pending I-485 were completed within 12 months at the National Benefits Center and 12.5 months at Service Center Operations. After approval, USCIS says the card should be produced within about two weeks and mailed.
Do I need an EAD if I have a green card or H-1B?
No. USCIS says permanent residents do not need an EAD because the green card is evidence of employment authorization. People in statuses that authorize work for a specific employer incident to status, such as H-1B, L-1B, O, or P, also do not need one for that employer. An H-4 or L-2 spouse is a different case with its own EAD category.
Have immigration questions?
Ellis Porter works with individuals, families, and employers on high-skilled immigration.
Have immigration questions?