Work Permits (EAD): Who Qualifies, Fees and Renewals

What a work permit is, and who needs one

The regulation that lists who may work, 8 C.F.R. § 274a.12, sorts people into three groups:

• Authorized “incident to status” (§ 274a.12(a)) — the status itself carries the right to work. Permanent residents use their green card. Others in this group, such as asylees (a)(5), people granted withholding of removal (a)(10), TPS holders (a)(12) and U visa holders (a)(19)–(a)(20), still receive an EAD as proof.
• Authorized with a specific employer (§ 274a.12(b)) — for example, H-1B workers. They do not receive an EAD.
• People who must apply (§ 274a.12(c)) — pending asylum applicants (c)(8), adjustment applicants (c)(9), cancellation applicants (c)(10), people with deferred action (c)(14), people under an order of supervision (c)(18), TPS applicants (c)(19), approved VAWA self-petitioners (c)(31) and others. For them, the EAD is the permission to work.

The application is Form I-765 (current edition 08/21/25), filed with USCIS on paper or, for many categories, online. Two rules frame everything else. First, approval under the (c) categories is discretionary, except for pending asylum applicants under (c)(8) (8 C.F.R. § 274a.13(a)(1)). Second, there is no appeal from the denial of an I-765 (§ 274a.13(c)); the usual answer to a denial is a corrected new application.

An immigration judge does not issue work permits. Even when the underlying case — asylum, cancellation, adjustment — is before the immigration court, the I-765 is filed with and decided by USCIS, with proof of what is pending in court.

Pending asylum: category (c)(8) and the asylum clock

The statute says an asylum applicant is “not entitled to employment authorization,” and that one who is not otherwise eligible “shall not be granted such authorization prior to 180 days after the date of filing of the application for asylum” (INA § 208(d)(2), 8 U.S.C. § 1158(d)(2)). The regulation that carries this out, 8 C.F.R. § 208.7, works like this:

• 150 days to apply, 180 days to issue. The I-765 may be filed no earlier than 150 days after USCIS or the immigration court received a complete asylum application; no EAD may issue before day 180 (§ 208.7(a)(1)(i), (v)). The I-765 page puts it simply: wait 150 days to apply and 30 more before USCIS can issue the card. If the I-589 is rejected as incomplete, the clock never starts.
• The clock stops for delays the applicant causes. “Any delay requested or caused by the applicant” is not counted — such as asking to reschedule an interview or hearing, or missing fingerprints without good cause — and the time between a request for evidence and the response is added (§ 208.7(a)(2)).
• Recommended approvals may apply right away (§ 208.7(a)(1)(ii)).
• Bars. An applicant who is an aggravated felon is not eligible (§ 208.7(a)(1)). A (c)(8) permit may not be granted to someone who missed a scheduled asylum interview or an immigration-court hearing, unless the failure to appear was due to exceptional circumstances (§ 208.7(a)(4)).
• Decision time. The regulation gives USCIS 30 days to decide an initial (c)(8) application that is not rejected or denied (§ 208.7(a)(1)(v)).

When it ends. Since the H.R. 1 fee rule (91 FR 22952, Apr. 29, 2026, effective May 29, 2026, as corrected by 91 FR 45637, July 21, 2026), § 208.7(b) says: if USCIS denies or rejects the asylum application, the permit ends immediately — unless USCIS refers the case to an immigration judge; if an immigration judge denies or rejects it, the permit ends 30 days later unless the person appeals to the Board of Immigration Appeals; and if the BIA dismisses the appeal, it ends immediately. A rejection for not paying the annual asylum fee counts: the rule explains that it stops the clock and ends an existing (c)(8) permit. Our asylum guide explains the asylum fees and deadlines.

Proposed change, not in effect. On February 23, 2026, DHS proposed extending the wait to 365 days and pausing new asylum-based EAD applications while average affirmative asylum processing exceeds 180 days (91 FR 8616; see our article on the proposal). Comments closed April 24, 2026. As of September 28, 2026 no final rule has been published, and the 150/180-day rule above applies.

TPS work permits: categories (a)(12) and (c)(19)

A person granted Temporary Protected Status works under category (a)(12); a TPS applicant who appears eligible (“prima facie” eligible) may receive a (c)(19) permit while the TPS application is pending (8 C.F.R. § 274a.12(a)(12), (c)(19)). Both are requested on Form I-765.

• Length. Under H.R. 1 and 8 C.F.R. § 244.12(a), a TPS work permit is valid for 1 year or the remaining duration of the country’s designation, whichever is shorter, and must be renewed to keep working if the designation continues.
• Extensions. TPS permits are no longer extended just because a renewal was filed. A TPS work permit is extended only when a Federal Register notice for that country or the law provides it (8 C.F.R. § 274a.13(e)). Read the notice for your country.
• Termination. When a designation ends, the work authorization that depends on it ends too. Our TPS guide tracks country designations, and our TPS termination page covers what to do next.

U visa and VAWA work permits

U visa

Once U status is granted, the principal works under category (a)(19) and qualifying family members under (a)(20). Before that, the statute lets USCIS grant work authorization to “any alien who has a pending, bona fide application” for U status (INA § 214(p)(6), 8 U.S.C. § 1184(p)(6)). In practice USCIS does this through a bona fide determination, with deferred action and a (c)(14) permit. The (c)(14) regulation requires deferred action and a showing of economic necessity (8 C.F.R. § 274a.12(c)(14)), and a (c)(14) card lasts until the end of the deferred-action period (Policy Manual table). Our U visa guide explains the bona fide and waiting-list stages.

VAWA

A VAWA self-petition (Form I-360) does not give a work permit while it is only pending. Once it is approved, the principal and derivative children are eligible under category (c)(31); the principal may request the first card on the I-360 itself, without a separate I-765, and renewals and derivative children use Form I-765 (I-765 instructions). The Policy Manual sets a 2-year validity for (c)(31). A self-petitioner who can file the green card application with the I-360 can instead apply under (c)(9) while it is pending, and a survivor applying for VAWA cancellation of removal in court can apply under (c)(10). See our VAWA guide.

Fees. The U work permit categories — (a)(19), (a)(20) and (c)(14) filed by a U petitioner — and VAWA categories — (c)(31), (c)(9) for a VAWA self-petitioner and (c)(10) for battered spouses and children — are $0 for initial and renewal cards (G-1055, edition 09/09/26).

Proposed change, not in effect. On June 5, 2026, DHS proposed narrowing discretionary work permits for parolees, people with deferred action and people under an order of supervision, and treating certain arrests or convictions as weighing against a grant (91 FR 34352). Comments closed August 4, 2026; as of September 28, 2026 it is not final.

Green card applicants: category (c)(9)

A person with a pending application to adjust status (Form I-485) may apply under category (c)(9) (8 C.F.R. § 274a.12(c)(9)). The instructions say to file the I-765 together with the I-485 or, if filed later, with a copy of the I-485 receipt notice. Asylees and refugees who apply for a green card keep using (a)(5) or (a)(3) instead of (c)(9).

• Fee. $260 if the I-485 was filed with a fee on or after April 1, 2024 and is still pending; $0 if it was filed with a fee between July 30, 2007 and April 1, 2024; $0 for several humanitarian adjustment categories, including VAWA, U and T adjustment and Special Immigrant Juveniles (G-1055).
• Length. Since December 5, 2025, a (c)(9) card is issued for a maximum of 18 months (USCIS Policy Manual, Vol. 10, Part A, Ch. 4).
• In immigration court. If the I-485 is before an immigration judge, the I-765 still goes to USCIS, with proof that the person is in proceedings, that the I-485 was properly filed with the court and that it is still pending (I-765 instructions).

Our adjustment of status guide explains who can adjust inside the United States and how the process works in court.

For the green card case behind a (c)(9) work permit, see our green card lawyer page.

Work permits for people in removal proceedings

Being in deportation proceedings does not by itself give anyone a work permit. The law runs the other way for people ICE arrests: under INA § 236(a)(3), 8 U.S.C. § 1226(a)(3), the government “may not provide the alien with work authorization” unless the person is a permanent resident or “otherwise would (without regard to removal proceedings) be provided such authorization.” What gives a person in court a work permit is the relief they are asking the judge for:

• Asylum filed in court — the (c)(8) clock above runs from the court’s receipt of a complete I-589. Requests to postpone a hearing can stop it, and the permit ends 30 days after an immigration judge denies asylum unless a timely BIA appeal is filed (§ 208.7(b)(2)). A renewal must show the case is still being pursued — for example, the BIA appeal receipt or, after the BIA, a date-stamped petition for review (§ 208.7(c)). See our guides on withholding of removal and BIA appeals.
• Cancellation of removal or NACARA suspension — category (c)(10) covers a person whose properly filed application “has been accepted by the Service or EOIR” (8 C.F.R. § 274a.12(c)(10)). Outside NACARA filings with USCIS, the I-765 must show the person is in proceedings and that the court fee was paid or waived. See our cancellation of removal guide.
• Adjustment before the judge — category (c)(9), as above.
• After a grant — a person granted withholding of removal is authorized under (a)(10), and an asylee under (a)(5). Both are $0 for the first card and are issued for up to 18 months.
• After a final order — a person released on an order of supervision may be granted a (c)(18) permit, in USCIS’s discretion, only if removal is not possible because no country will accept the person or it is otherwise impracticable or contrary to the public interest. USCIS may consider economic necessity, dependents and how long removal will take (§ 274a.12(c)(18)). The instructions include people granted deferral of removal under the Convention Against Torture.

This is where the court case and the work permit meet. A postponement, a missed hearing, a denial or an appeal deadline in court can end the permit or stop the clock. Our removal defense guide covers the relief itself.

What a work permit costs (Form G-1055)

The current fee schedule is USCIS Form G-1055, edition 10/16/26, which adds the fiscal year 2027 H.R. 1 amounts for filings postmarked on or after October 16, 2026 (91 FR 62540, October 1, 2026). H.R. 1 (Pub. L. 119-21) added separate fees for some categories. Those fees are paid separately from the filing fee and cannot be waived.

• General filing fee (most categories, initial, renewal or replacement): $520 on paper, $470 online.
• Pending asylum (c)(8), first card: $0 filing fee plus the $570 H.R. 1 fee ($560 before October 16, 2026; applicants under the special ABC procedures pay the general fee plus $570). Renewal: $520 paper / $470 online plus $275.
• TPS (a)(12) and (c)(19): $520 paper / $470 online plus $570 for a first card ($560 before October 16, 2026) or $280 for a renewal.
• Adjustment (c)(9): $260, or $0, depending on when the I-485 was filed (above).
• $0 for the first card of an asylee (a)(5) or a person granted withholding (a)(10), and for the U, VAWA, T and battered-spouse (c)(10) categories listed in Appendix C of the G-1055, initial and renewal.
• Cancellation (c)(10) other than the battered-spouse categories: the general fee.

Asylum applicants also owe asylum fees on the I-589 itself: $100 at filing and an annual asylum fee ($105 for filings postmarked on or after October 16, 2026; $102 before), which USCIS bills by notice. Fees change by rule and by the annual H.R. 1 inflation adjustment, so check the G-1055 edition on the day you file.

How long a card lasts, and the end of automatic extensions

Shorter cards. In a policy alert of December 4, 2025, effective December 5, 2025, USCIS lowered the maximum validity of several EAD categories. The Policy Manual table now shows 18 months for (c)(8) pending asylum, (c)(9) pending adjustment, (c)(10) cancellation/NACARA, (a)(5) asylees and (a)(10) withholding — initial and renewal. It shows 2 years for (c)(31) VAWA and, for TPS, 1 year or the rest of the designation, whichever is shorter (see our article on the 18-month change).

No more automatic extension for most renewals. For years, a timely renewal in many categories automatically extended an expiring card, most recently for up to 540 days. An interim final rule ended that for renewals filed on or after October 30, 2025 (90 FR 48799; our article), and DHS made it permanent, without change, in a final rule effective October 14, 2026 (91 FR 65306). The regulation now reads (8 C.F.R. § 274a.13(d)–(e)):

• renewals filed before October 30, 2025 that met the old conditions keep the extension of up to 540 days, and the expired card plus the I-797C receipt notice still counts as unexpired;
• for renewals filed on or after October 30, 2025, a card under a (c) category expires, and the permission to work ends, the day after the date printed on it. Only the law or a Federal Register notice (as for some TPS countries) can extend it;
• for (a) categories the card still expires, but the right to work lasts as long as the status does. The worker may need other proof for the employer’s I-9 (see our Form I-9 guide).

Processing. Beyond the 30-day rule for initial (c)(8) applications, processing time depends on the category and office. Check the processing times USCIS publishes on its website for your category. USCIS says an approved card should be produced within 2 weeks and asks people to allow 30 days from approval before asking about it (I-765 page).

Renewing a work permit without a gap

Because most renewals no longer carry an automatic extension, a late renewal now usually means a gap: days or weeks in which the person may not work and the employer must stop them from working. Planning matters more than it did before October 30, 2025:

1. Know the category and end date on the card — a renewal must be in the same category, and the new card will be shorter in several categories (18 months).
2. File early. For pending asylum, the regulation says that for the permit to be renewed before it expires, USCIS must receive the renewal 90 days before it expires (8 C.F.R. § 208.7(d)).
3. Show the case is still alive. A (c)(8) renewal while the case is in court includes the referral notice or Notice to Appear. After an immigration judge’s denial it includes proof of a timely BIA appeal, and after the BIA a date-stamped petition for review (§ 208.7(c)). A (c)(9) or (c)(10) renewal shows the application is still pending.
4. Pay the right fee — the H.R. 1 renewal fees ($275 for (c)(8), $280 for TPS) are separate and cannot be waived.
5. Keep the court case in good standing. A missed hearing, an unappealed denial or an unpaid annual asylum fee can end the permit whatever the date on the card.
6. Watch pending rules. As of September 28, 2026, the two 2026 proposals described above are not final.

If a renewal is denied, there is no appeal (§ 274a.13(c)). The usual next step is a new application once the problem is fixed. When the problem is in the underlying case, that case needs attention first.

Carlos Maury, a former U.S. Immigration Judge, leads Carlos Maury Law. To talk about a work permit tied to an asylum, TPS, U visa, VAWA, green card or immigration-court case, call (213) 769-0050. We speak Spanish.