Work Permit Categories and I-765 Rules Explained Clearly

Work Permit: Male Construction Worker

A work permit allows eligible non-citizens to legally work in the United States. USCIS issues a work permit by approving Form I-765, Application for Employment Authorization. While a work permit authorizes employment, it does not give, extend, or maintain immigration status. Lawful presence in the United States depends on the underlying visa or immigration benefit, not the work permit itself.

Form I-765 is used by many different applicants, and eligibility depends on the category tied to the applicant’s immigration situation. Filing under the wrong category can result in delays or denial, which is why understanding how work permit categories function is important.

Work Permit and I-765 Basics

A USCIS work permit, also known as an Employment Authorization Document (EAD), is evidence that USCIS has authorized employment for a specific period of time. Some individuals are authorized to work incident to status, but still apply for an EAD as proof of work authorization.

A work permit issued through I-765 is always time-limited. USCIS determines the validity period based on the eligibility category and the underlying benefit. A work permit does not authorize employment beyond the expiration date printed on the card.

Work Permit I-765 Category for Adjustment of Status

Applicants who have filed Form I-485 to adjust status to permanent resident may apply for a work permit under category (c)(9). This allows employment while the adjustment application is pending. The work permit does not provide lawful status and does not replace a valid nonimmigrant status.

Work Permit I-765 Categories for Asylum Applicants

Individuals with a pending asylum application may apply for a work permit under category (c)(8) after meeting required waiting periods. Those granted asylum may apply under category (a)(5). Employment authorization in asylum cases depends on maintaining eligibility and complying with asylum-related requirements.

Work Permit I-765 Categories for Temporary Protected Status

Nationals of countries designated for Temporary Protected Status may apply for a work permit under categories (a)(12) or (c)(19). TPS-based work permits are only valid while TPS remains in effect and require timely re-registration when DHS announces extensions or redesignations.

Work Permit I-765 Category for Parole

Individuals paroled into the United States for humanitarian or public-interest reasons may be eligible for a work permit under category (c)(11). The validity of the work permit is tied to the parole period granted by USCIS.

Work Permit I-765 Category for DACA

Deferred Action for Childhood Arrivals recipients may apply for a work permit under category (c)(33). DACA work permits are issued for limited periods and must be renewed on time to avoid gaps in employment authorization.

Work Permit I-765 Validity Periods and Renewals

Every work permit has a specific expiration date. USCIS sets the length of validity based on the applicant’s eligibility category and current policy guidance. Filing a renewal before the work permit expires is essential to avoid losing authorization to work.

In limited situations, USCIS provides automatic extensions of employment authorization for certain renewal applicants. Renewals filed on or before October 29, 2025 may qualify for up to 540 days of automatic extension if all requirements are met. Renewals filed on or after October 30, 2025 generally no longer receive this extended automatic protection unless USCIS announces future changes.

Help With Work Permit Form I-765 Preparation

PennySmart Group assists clients with work permit Form I-765 preparation by organizing information provided by the client, accurately completing the form, and reviewing applications for completeness before filing.

Call or text 941-282-5787, chat online, or email info@pennysmartgroup.com to get started.