Introduction
The I-765 form plays a crucial role for many individuals seeking employment authorization in the United States. Understanding its significance is essential for navigating the immigration process effectively.
When the visa bulletin finally becomes current after an immigrant petition approval, applicants residing in the United States file Form I-485 (Adjustment of Status). At the same time, you can file Form I-765 to request an EAD. The goal of this post is to explain what the EAD is, what it lets you do, how long it takes to receive, how much it costs, and what happens to the EAD if the I-485 is denied.
What the EAD is
EAD stands for Employment Authorization Document. It is a plastic work permit card issued after approval of Form I-765 and allows you to work in the United States while your I-485 is pending. It is not a green card and does not give permanent status on its own.
What the EAD allows you to do
An I-485-based EAD allows you to work for almost any U.S. employer. This is significant for applicants because you are no longer tied to a specific sponsor such as an H-1B or L-1 employer. You can change employers or move into roles that better match your career plans.
EAD with Advance Parole
Many applicants also apply for Advance Parole (travel authorization) at the same time by filing Form I-131. When both the work permit and travel authorization are approved together, USCIS issues a combined card. The front of the EAD card will state that it also serves as travel authorization.
Current filing fee
As of the time of writing, the filing fee for Form I-765 based on a pending I-485 is 260 USD. USCIS regularly updates its fee schedule, so the current fee should always be verified when preparing the application.
Processing time in 2025
Recent USCIS figures indicate that about 80 percent of I-485-based I-765 applications are completed in roughly four months. Some cases take longer and there is no guarantee that any individual case will match the average.
During the pandemic backlog years, many people received their green cards before the EAD arrived, which made the work permit practically useless. In 2025, processing times are much more reasonable, so most applicants are able to use the EAD well before green card approval.
What happens if the I-485 is denied
The EAD is only valid while the I-485 is pending. If the I-485 is denied and you do not hold another valid status, the EAD immediately becomes unusable even if the printed expiration date is later. In that situation you must stop working and generally need to leave the United States unless you qualify for another lawful status or file a timely motion or appeal.
Summary
For NIW applicants filing I-485 in the United States, requesting an EAD through Form I-765 has become much more worthwhile in 2025. The fee is reasonable, the processing timeline is manageable, and the work permit provides meaningful employment flexibility while you wait to adjust status in the United States. This is especially useful if your work visa expires before you receive your green card. If you are unsure whether filing the I-765 or the combined EAD/Advance Parole card makes sense for your situation, you are welcome to request a consultation and we can review your case details together.
Thath Kim II
US Attorney
Licensed in Oregon
11F 1108, Seocho-daero 77gil 17, Seocho-gu, Seoul, Republic of Korea 06614