Work authorization & the EAD (do you need one?)

Who this is for

Anyone unsure whether they need work authorization, and how to get (or renew) an EAD.

Do you even need an EAD?

• You generally DON'T need one if you're a US citizen, a green-card holder (the green card is your proof), or in a status that authorizes work incident to status (e.g. an H-1B working for the sponsoring employer).
• You generally DO need an EAD in categories such as OPT/STEM OPT students, certain pending adjustment-of-status applicants, asylum applicants (after the waiting rules), TPS, and some dependents — confirm your exact category with USCIS/your DSO/an attorney.

How to get one (framework)

1. Confirm your category qualifies and which eligibility code applies — your DSO (students) or attorney can confirm.
2. File Form I-765 (online or paper) with the required documents + fee (some categories are fee-exempt).
3. Biometrics if required.
4. Wait for the card — and do not work until the EAD is physically in your hands (working without authorization can jeopardize your status).
5. Renew early — file the renewal well before expiry. For Form I-765 renewals filed on or after October 30, 2025, USCIS says renewal applicants generally no longer receive the up-to-540-day automatic EAD extension, with limited exceptions such as some TPS-related notices; check your category before relying on work authorization. See USCIS.

Key things people get wrong

• Don't start working before the card arrives — an approval notice isn't always the card.
• Track the expiry and renew early; a gap can mean you can't legally work.
• Category matters — the eligibility code on your I-765 must match your real basis; get it right.