The rules around the US work permit, officially called the Employment Authorization Document, have changed. The US has ended the automatic extension of Employment Authorization Documents (EADs) for foreign workers who apply to renew their EAD in certain employment authorization categories.
DHS announced an interim final rule, effective October 30, 2025, ending the practice of automatically extending the validity of EADs for foreign workers. The renewal process should initiate within 180 days of the expiry of the EAD and not 540 days as allowed earlier.
Employment Authorization Document
U.S. employers must ensure all employees, regardless of citizenship or national origin, are authorized to work in the United States. Having an Employment Authorization Document (Form I-766/EAD) is one way to prove that you are authorized to work in the United States for a specific time period.
EAD is required to be applied for by foreign workers for permission to work. To request an EAD, you generally must file Form I-765, Application for Employment Authorization. You will need to apply for an EAD if you are authorized to work in the United States because of your immigration status or circumstances (for example, you are an asylee, refugee, or U nonimmigrant) and need evidence of that employment authorization.
H-1B and Green Card Holders
But you do not need to apply for an EAD if you are a lawful permanent resident. Your Green Card (Form I-551, Permanent Resident Card) is evidence of your employment authorization. You also do not need to apply for an EAD if you have a nonimmigrant status that authorizes you to work for a specific employer incident to your status (for example, you are an H-1B, L-1B, O, or P nonimmigrant).
If you remain eligible to apply for employment authorization or remain employment authorized incident to your status or circumstances, but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved.
If you have not started the EAD application process, begin by creating a USCIS account and filing Form I-765 online. After approval, USCIS will mail your work permit to the address on your application, with the EAD card typically received within 2 weeks via USPS Priority Mail. Delivery times may vary, so it is better to wait around 30 days post-approval before inquiring with USCIS.
