The right to work in the United States depends on a person's immigration status or other conditions that may confer work authorization (an EAD, Employment Authorization Document). Under DHS regulations, some categories of noncitizens are authorized to work incident to status, while others are required to file an application with USCIS and receive an EAD card (Form I-766) before working. Whether work is permitted while an application is pending depends on the category involved and whether the filing is an initial application or a renewal.
Status as of July 15, 2026. For EAD renewal applications filed on or after October 30, 2025, DHS eliminated the automatic extension of EAD validity for up to 540 days (new 8 CFR 274a.13(e)). In addition, on December 4, 2025, USCIS reduced the maximum EAD validity period from five years to 18 months for certain categories — this applies to applications filed or pending as of December 5, 2025. Separately, under H.R. 1 (Pub. L. 119-21, signed July 4, 2025), EAD validity for parolees and TPS holders is capped at one year or the duration of the parole/TPS grant (whichever is shorter), for applications filed on or after July 22, 2025.
How the System Works
According to DHS, the regulations identify three classes of noncitizens with respect to work authorization. One group (8 CFR 274a.12(a)) is authorized to work incident to status for any employer; some within this group file Form I-765 (Application for Employment Authorization) to obtain an EAD card as evidence of that authorization. A second group (274a.12(b)) is authorized to work incident to status, typically for a specific employer, and in most cases does not file a separate application for documentation. A third group (274a.12(c)) is required to file Form I-765 and may work only after USCIS, in its discretion, approves the application and issues an EAD card.
DHS describes that for categories under 274a.12(c) and certain categories under 274a.12(a), the application for an EAD must be properly filed with USCIS — with the required fee or a fee waiver — before the applicant can receive an EAD and/or work authorization. After filing, USCIS generally issues Form I-797C, Notice of Action, confirming receipt of the application. More detail on categories and the document itself is available in the section on work authorization (EAD).
EAD Renewals and the Elimination of Automatic Extensions
As DHS describes, temporary work authorization and EAD cards are generally not open-ended and expire after a set period. Noncitizens in 274a.12(c) categories typically need to obtain a renewal before their current card expires; otherwise, their work authorization lapses. USCIS generally recommends filing a renewal application up to 180 days before the current EAD expires.
Under the prior regulation, a timely-filed renewal automatically extended the EAD validity of certain categories for up to 540 days while USCIS processed the application. The mechanism for that extension was the I-797C receipt notice for a timely filing, provided the category on the notice matched the category on the expiring card. Among the categories DHS identifies as having previously been eligible for the up-to-540-day extension are refugees (A03), asylees (A05), withholding-of-removal recipients (A10), TPS holders (A12/C19), pending asylum applicants (C08), and adjustment-of-status applicants (C09).
Through an interim final rule (IFR), DHS added new 8 CFR 274a.13(e), eliminating the automatic up-to-540-day extension for renewal applications filed on or after October 30, 2025. Under new 274a.13(e)(2), for those who are not authorized to work incident to status and must obtain authorization from USCIS under 274a.12(c) — such as adjustment-of-status applicants or pending asylum applicants — the EAD expires and work authorization ends the day after the expiration date shown on the card. The IFR does not affect automatic extensions already granted under applications filed before October 30, 2025.
Does Filing an Initial Form I-765 Grant the Right to Work?
Under DHS regulations, for categories under 274a.12(c), filing Form I-765 alone does not confer the right to work: work is permitted only after USCIS, in its discretion, approves the application and issues an EAD card (Form I-766). For certain categories under 274a.12(a), the application must likewise be properly filed before the applicant can receive an EAD and/or work authorization.
Can a Person Work While an EAD Application Is Pending?
Under DHS regulations, the answer generally depends on the applicant's category. For categories under 274a.12(c), the filing itself does not authorize work; the applicant may work only once USCIS approves the application and issues the EAD card. For pending asylum applicants specifically, USCIS describes that eligibility to request an EAD generally arises once the asylum application has been pending for 180 days — a period commonly referred to as the "180-Day Asylum EAD Clock." Form I-765 under category (c)(8) may generally be filed 150 days after the asylum application is submitted, but the EAD cannot be issued until at least 30 more days have elapsed, for a combined total of 180 days. Delays that are requested by or attributable to the applicant do not count toward that 180-day period.
What Changed for EAD Renewals After October 30, 2025?
Under new 8 CFR 274a.13(e), renewal applications filed on or after October 30, 2025 no longer receive an automatic EAD extension of up to 540 days. The rule includes an illustrative example: an adjustment-of-status applicant (Form I-485) whose EAD expires on December 15, 2025 and who files a renewal after October 30, 2025 retains continuous work authorization only if the renewal is approved before December 15; if the application remains pending on December 16, the applicant has no work authorization unless a separate basis exists. Notice of Action notices issued on or after October 30, 2025 no longer include information about an automatic extension and, per USCIS guidance, expressly note that the notice itself is not evidence of work authorization.
How Does an Employer Verify Work Authorization During a Renewal?
Section 274A(b) of the INA requires employers to verify the identity and work authorization of all individuals they hire, using Form I-9 (Employment Eligibility Verification). Under 8 CFR 274a.2(b)(1)(vii), when an EAD and/or work authorization expires, the employer is required to reverify or update the I-9; no later than the expiration date, the employee presents unexpired, acceptable documentation establishing continued work authorization. USCIS indicates that it will update I-9 Central and the Handbook for Employers (M-274) with specific instructions on completing Form I-9 in this context.