What an EAD is
An EAD is a plastic card that looks similar to a green card. It shows your photo, A-number, the category code (e.g., C09 for pending I-485, C26 for H-4 EAD), and a 2-year validity window. The card itself is your authorization. You may show it to an employer for I-9 purposes alongside any government ID; it counts as a List A document for I-9.
Who gets an EAD
- C09 - pending I-485 adjustment of status (most common employment-based path).
- C26 - H-4 spouse of H-1B with approved I-140.
- C08 - asylum applicant whose I-589 has been pending more than 180 days.
- C03(B) - OPT for F-1 students 12 months post-degree.
- A12 - Temporary Protected Status beneficiary.
- A05 - refugee.
How to apply
File Form I-765 with the supporting evidence for your category. C09 applicants usually file I-765 concurrently with I-485 - there is no separate filing fee under post-OBBBA pricing. Standalone I-765 filings carry a $470 fee. Online filing via myUSCIS is fastest.
Processing time in 2026
USCIS publishes I-765 processing times of 3-8 months across service centers. There is no premium processing for I-765. Most applicants get a decision within 5 months of filing.
Auto-extension rules - critical update
USCIS ended the temporary 540-day automatic extension of EAD validity in October 2025. The pre-existing 180-day auto-extension applies only to certain renewal applicants in specific categories (asylum, pending I-485, TPS) when the renewal I-765 is filed before the current EAD expires. Outside those categories there is no auto-extension - you must wait for the new EAD card before resuming work.
EAD vs H-1B
Both let you work in the US, but they behave differently:
- EAD - any employer, any role, no sponsor, but tied to your underlying status (I-485, H-4, asylum). If the underlying case fails, the EAD is revoked.
- H-1B - specific employer and role, requires sponsor and LCA, lottery-controlled, but it is itself a status - does not depend on a pending green card.