Form I-765 and the Employment Authorization Document (EAD Card), Explained

Form I-765 and the Employment Authorization Document (EAD Card), Explained
By TRW Law Firm – Your Global Immigration Partner

For foreign nationals residing in the United States, securing legal permission to work is often the key to self-sufficiency, career advancement, and stability. One of the most essential tools for achieving this is Form I-765, also known as the Application for Employment Authorization. When approved, this application grants an Employment Authorization Document (EAD) — commonly referred to as a work permit.

The EAD card is a government-issued ID that formally allows non-citizens to work in the U.S. for a specific time. Whether you’re applying for a green card, seeking asylum, enrolled as an F-1 student, or in the U.S. as a spouse of an H-1B visa holder — understanding the purpose, requirements, and application process of Form I-765 is crucial.

This in-depth guide from TRW Law Firm covers everything you need to know about the EAD — from eligibility and documentation to processing times, recent regulatory updates, and what to do if your card is lost or stolen.

🧾 What is Form I-765?

Form I-765 is the official application for a work permit in the United States. It is used by individuals who are temporarily in the U.S. and qualify for employment authorization but do not automatically receive the right to work with their immigration status.

An approved I-765 leads to the issuance of an EAD card — a physical document that confirms your legal eligibility to work in the U.S. The EAD includes your name, birth date, visa class, validity dates, and a photograph.

🆕 Recent Update (May 2025)

The Department of Homeland Security (DHS) has permanently increased the automatic extension period of EADs from 180 days to 540 days for certain visa categories, including H-4 and L-2 visa holders.

🪪 What is a Work Permit (EAD)?

The Employment Authorization Document (EAD) is a secure photo ID issued by U.S. Citizenship and Immigration Services (USCIS). It serves two purposes:

• Proof of legal right to work in the U.S.
• Official photo identification, accepted in many instances

Redesigned in 2023, the current EAD cards feature advanced security and anti-fraud features, making them difficult to counterfeit.

⚠️ Do not work in the U.S. unless you have specific employment authorization — even part-time or remote work can lead to immigration penalties.

💵 Cost of Form I-765

📌 Biometrics Fee Required For:

• Deferred Action for Childhood Arrivals (DACA)
• Certain employment-based petition beneficiaries
• Spouses and children of principal employment-based petitioners

💸 Fee Exemptions and Waivers

• Certain categories are exempt (e.g., asylum seekers, VAWA self-petitioners)
• You can request a fee waiver using Form I-912 if unable to pay

📅 Processing Time for Form I-765

The average processing time is approximately 1.9 months (based on 2025 USCIS data). However, timelines may vary by:

• Category of application
• USCIS service center
• Whether the I-765 is filed concurrently with a green card (Form I-485)

Filing early and tracking processing times using your USCIS account is advisable.

✅ Work Permit Eligibility

You can apply for a work permit if:

• You have a pending green card application
• You’re under Deferred Action, DACA, or asylum
• You’re a student on an F-1 or J-1 visa with OPT/AT eligibility
• You are the spouse or child of certain work visa holders (e.g., H-1B, L-1, E-2, E-1)
• You have Temporary Protected Status (TPS) or Deferred Enforced Departure (DED)

❌ Who Doesn’t Need an EAD?

• Green card holders
• H-1B, O-1, L-1 visa holders (already employment-authorized)

👨‍👩‍👧 Family-Based and Humanitarian Categories

Family-Based Eligibility

• K-1 Fiancé(e)s of U.S. citizens (apply within 90 days of arrival)
• K-3 Spouses of U.S. citizens
• Spouses of green card holders with pending I-485
• Participants in Family Unity or LIFE Family Unity programs

Humanitarian Categories

• Asylees, refugees, and their immediate families
• VAWA (Violence Against Women Act) self-petitioners
• Certain U visa and T visa applicants

🌍 Nationality-Based Eligibility

• TPS holders from eligible countries (e.g., Haiti, Yemen, Sudan)
• DED holders (e.g., Liberian nationals)
• Micronesia, Marshall Islands, Palau: eligible under treaties
• Spouses/children of E-1 treaty traders

🎓 Student-Based Categories

📝 How to File Form I-765

You may file Form I-765:

• With your green card application (Form I-485)
• Separately after I-485 submission (include I-797C receipt)
• With asylum applications or as a DACA renewal

Required Documents:

🟩 Completed Form I-765
🟩 Two 2”x2” passport-style photos
🟩 Copy of I-94 record (front/back or printout)
🟩 Copy of U.S. visa page and passport bio page
🟩 Any prior EAD cards (if applicable)
🟩 Government-issued photo ID (if applying first time)
🟩 Receipt Notice (Form I-797C) for pending I-485
🟩 Proof of eligibility category (varies)

Where to File

• Filing address depends on eligibility category and location
• Use the USCIS Direct Filing Addresses page
• Online filing available for many categories via myUSCIS account

🧾 Special Documentation Cases

F-1 Students (Economic Hardship)

📄 Documentation showing full-time enrollment
📄 Letter explaining financial hardship
📄 Proof that employment won’t interfere with studies
📄 Advisor’s certification or SEVIS endorsement

Asylum Applicants

📄 Copy of pending I-589 asylum application
📄 Proof of 150-day wait period for initial EAD

❌ Reasons for Denial

• Incorrect or incomplete form
• Missing signature
• Missing supporting documents
• Filing before 150-day waiting period (asylum)
• Filing after green card approval (no longer necessary)

🔁 Renewing or Replacing an EAD

✅ Renewing Your Work Permit

• File Form I-765 again with fee (unless waived)
• Can renew up to 180 days in advance
• Renewal may trigger automatic 540-day extension

✅ Replacing Lost/Stolen EAD

• File new Form I-765
• Include explanation of loss and fee
• USCIS may grant interim work authorization

⚠️ Correction Requests (USCIS Error)

• Mail incorrect card + supporting documents to NBC
• No need to refile I-765 or pay again

📈 After You Receive Your EAD

1. Apply for Social Security Number (SSN)

You can request this directly in the I-765 form — no need to visit a Social Security office.

2. Complete I-9 Form With Employer

• The I-9 verifies your work authorization
• Must be completed before you start working

3. Start Working!

• Pay taxes like other U.S. workers
• File yearly federal and state income tax returns
• Keep photocopies of your EAD and SSN in a safe place

⚠️ Working Without Authorization

Working without an EAD (or otherwise authorized visa) is a serious immigration violation.

Consequences include:

• Visa denials and green card ineligibility
• Bars from re-entry (3 or 10 years)
• Future immigration applications being scrutinized or denied

Even a single day of unauthorized work, such as freelancing or helping a friend’s business in exchange for pay, could cause permanent immigration consequences.

🧠 Frequently Asked Questions (FAQs)

❓ Who needs to file Form I-765?

Anyone in the U.S. without automatic work authorization — including green card applicants, asylum seekers, TPS/DED recipients, DACA holders, and students under certain conditions.

❓ What is an EAD?

It stands for Employment Authorization Document — your official work permit.

❓ How long is an EAD valid?

Usually 2 years for adjustment of status applicants. Other categories vary (often 1 year).

❓ Can I use an EAD as ID?

Yes, it is accepted as official government-issued identification.

❓ What if I already have another visa like H-1B?

You don’t need an EAD to work, but having one based on your pending green card gives flexibility (e.g., switching employers).

❓ How do I complete Form I-765?

You can file:

• Online via your USCIS account
• By mail (paper filing)

You will need:

• Personal details (name, DOB, address)
• Immigration status
• Eligibility category code
• Signature and photos

❓ When should I file?

As soon as:

• You file a green card application (I-485)
• Your eligibility begins (asylum wait, OPT window, etc.)

❓ Where do I send Form I-765?

Check USCIS Direct Filing Addresses based on:

• Your category
• Whether you’re filing with other forms (like I-485)

🧩 How TRW Law Firm Can Help

Navigating employment authorization rules can be overwhelming — and costly if done incorrectly.

TRW Law Firm offers:

• ✅ Full I-765 application preparation
• ✅ Eligibility assessment
• ✅ Accompanying green card or asylum support
• ✅ Employer guidance on hiring foreign nationals
• ✅ Appeals and motions for denied EADs
• ✅ Lost/stolen EAD resolution
• ✅ DACA, TPS, and humanitarian support

From Dhaka to Dubai to London, we assist clients globally in managing their U.S. immigration goals effectively.

📞 Contact TRW Law Firm

Phone:
+8801708000660
+8801847220062
+8801708080817

Emails:
info@trfirm.com
info@trwbd.com
info@tahmidur.com

Offices:
Dhaka: House 410, Road 29, Mohakhali DOHS
Dubai: Rolex Building, L-12 Sheikh Zayed Road
London: 330 High Holborn, City of London

🧾 Summary Table

For expert assistance in filing Form I-765 or navigating U.S. work authorization laws, reach out to TRW Law Firm — where your legal success begins.