Moving & paperwork

How do you apply for work authorization in the United States in 2026?

Updated 2026-07-20·United States answers

Share
Summary

Generating answer…

Work authorization in the United States is category-specific. The wrong assumption is that everyone needs the same plastic work card. Some nonimmigrants are employment-authorized incident to status. Others must wait for an approved EAD before starting work. Read your class of admission on the I-94 and the USCIS instructions for your category before you file anything.

Do you need an EAD, or does your visa already allow work?

An EAD is the card USCIS issues after approving Form I-765 for people in categories that require it. Common examples include many asylum applicants, certain adjustment-of-status applicants, some dependents (such as many H-4 spouses with an approved underlying petition when eligible), and several student-related categories when Optional Practical Training or similar rules apply. Category eligibility is listed in the Form I-765 instructions. Filing when you are not in an eligible category wastes the fee and time.

By contrast, many principal workers in classifications such as H-1B, L-1, or O-1 are authorized to work for the petitioning employer because of that status. They normally show a passport, I-94, and approval notice for Form I-9. They do not apply for a separate EAD just to start that job. Dependents on H-4, L-2, or similar statuses follow different rules. Some may work only after an EAD or after USCIS recognizes incident-to-status employment for that dependent class. Always check the current USCIS page for your exact code.

An approved EAD still is not a job. Employers decide whom to hire. You still complete Form I-9 and may need a Social Security number (SSN) for payroll. See Complete form i9 and Get ssn.

Card routeForm I-765 → EAD
Status routeWork incident to visa class
Hiring stepForm I-9 still required
Residence pathway6.3/10

How do you file Form I-765 with USCIS?

Create or use a USCIS online account when online filing is available for your category, or follow the paper filing address in the current instructions. You will need identity documents, status evidence (often including the I-94), photos that meet USCIS specs, and the correct fee or fee exemption evidence. Biometrics may be scheduled after filing.

Track the receipt notice and any Request for Evidence. Processing times change by category and service center. Do not start unauthorized work while a required EAD is still pending unless a separate automatic-extension rule clearly covers your situation. Automatic extension rules are narrow and document-specific.

Keep your mailing address current with USCIS while the case is pending so the card and notices arrive. Use the address-change process in Update address uscis.

What should you prepare before you apply?

Confirm your eligibility category letter or number in the I-765 instructions. Gather passport biographic pages, current I-94, prior EADs if any, and underlying petitions or applications (for example an adjustment receipt). If you already have a job offer, ask the employer which List A or List C documents they expect once authorization is approved.

Students should not confuse on-campus work rules, Curricular Practical Training, and Optional Practical Training. Each has its own authorization path. Using the wrong label is a common status mistake.

Common misconceptions

Filing Form I-765 does not by itself let you work the next day. You need approval (or a qualifying automatic extension with the right combination of documents) before employment that requires an EAD.

Holding an EAD also does not mean every employer must hire you, and it does not replace the need for lawful status underlying the card.

Summary

Apply for US work authorization with Form I-765 only when your category requires an EAD. If your visa classification already authorizes work for a specific employer, use status documents for Form I-9 instead of inventing an EAD filing.

An EAD is USCIS permission tied to a category. Pair it with a real job offer process, SSN payroll setup, and a correct I-94 record so hiring can proceed legally.

Sources

Next in Country To Live: Browse rankings