2025 I-765 Delays Explained — How an EA Reports Income Before Your EAD Is Approved
“How long does Form I-765 take?” remains one of the most searched immigration questions in 2025. But in real EA (Enrolled Agent) practice, the bigger issue is not the wait time — it’s how income was handled during the delay.
Earnings that occur while an EAD is pending can create IRS exposure and future compliance questions if not reported correctly.
This article does not provide immigration law advice. It explains, from a tax professional’s perspective, how to build a Defensible Return.
1️⃣ 2025 I-765 processing time — what actually matters
I-765 processing times fluctuate depending on category, filing date, and service center backlog.
Memorizing an “average wait time” is unreliable and potentially misleading.
Always verify processing time directly on the USCIS Processing Times page using your exact EAD category.
After approval, card production and delivery typically take an additional 7–14 days.
From a tax standpoint, the key date is the Approval Date, not the filing or card delivery date.
2️⃣ Why EAD delays turn into tax risk
When a client mentions an EAD delay, EA analysis focuses on one question:
What actually happened financially during the waiting period?
| Area | Key Question | Tax Impact |
|---|---|---|
| Income existence | Was any money earned? | Reporting obligation arises |
| Income type | W-2, 1099, cash, platform income | Different documentation standards |
| Timing | Before vs after approval | Poor timelines increase audit risk |
Reporting income for tax purposes does NOT legalize unauthorized work.
Filing a tax return is a compliance obligation, not an immigration cure.
This article explains how EAs reduce tax risk after income already exists.
3️⃣ The most dangerous income-mixing scenarios
The highest-risk cases are not zero-income situations, but those involving
small freelance payments, platform income, or partial 1099 activity.
I-765 filed: March 2025 → Approved: July 2025 → Card received: August 2025
April–June: $2,400 total platform-based income
Bank deposits and year-end platform summaries exist
EA approach: Separate pre-approval and post-approval income, document timelines, and match expenses conservatively.
Many EAD applicants do not yet have an SSN during the waiting period.
If income must be reported before SSN issuance, Form W-7 (ITIN application) is typically filed together with the tax return.
The absence of an SSN does not eliminate the reporting obligation.
Nonresident aliens may qualify for FICA tax exemption under IRC §3121(b)(10).
This determination directly affects whether Form 1040 or 1040-NR applies.
4️⃣ EA checklist for a defensible tax return
- Receipt Date
- Approval Date
- Card Delivery Date
- Separate folders by income type (W-2, 1099, other)
- Create a month-by-month income timeline
- Exclude undocumented expenses
5️⃣ Top 3 Google questions answered
Q1. How long does I-765 take in 2025?
A. There is no fixed timeframe. Always check USCIS by category.
Q2. Do I have to report income earned while EAD is pending?
A. From a tax standpoint, income with records should be properly reported.
Q3. Can I file taxes without an SSN?
A. Yes. If required, an ITIN can be requested using Form W-7.
6️⃣ Reference links
This article reflects general information as of December 2025.
Tax and immigration outcomes depend on individual facts. Always verify with official guidance or qualified professionals.