USCIS Data Show 44% Adjustment EAD Denial Share in FY2026 Q3

U.S. Citizenship and Immigration Services denied 35,767 Form I-765 work permit applications connected to pending adjustment-of-status cases between April 1 and June 30, 2026.

Those denials represented approximately 43.5% of the applications USCIS decided in that category during the quarter, compared with about 25% during the first two quarters of fiscal year 2026 combined. However, the figures do not show why the applications were denied or establish that USCIS has adopted a new denial policy.

The data also concern Form I-765 applications—not green card denials and not necessarily 35,767 unique applicants. (dejavu.org)

What the Latest USCIS Work Permit Data Show

As of October 17, 2026, the latest USCIS category-level quarterly report covers fiscal year 2026’s third quarter, from April through June. USCIS published the report on September 8.

For adjustment-based Form I-765 applications, the agency reported:

The widely reported 44% figure is calculated by dividing 35,767 denials by the 82,172 completed decisions—46,405 approvals plus 35,767 denials. The resulting denial share is approximately 43.5%.

It does not mean that USCIS denied 44% of the 153,039 applications received during the quarter. Cases completed between April and June may have been filed in earlier reporting periods. (visawhen.com)

A Work Permit Denial Is Not Automatically a Green Card Denial

An adjustment-based Employment Authorization Document, commonly called a green card EAD, is generally requested through Form I-765 while Form I-485, Application to Register Permanent Residence or Adjust Status, remains pending.

The I-765 and I-485 are separate applications. An I-765 denial therefore does not, by itself, establish that USCIS denied the applicant’s green card case.

However, the two applications can be connected. For example, a person may no longer qualify for an adjustment-based EAD if the underlying Form I-485 is no longer pending. Other denials may involve filing errors, missing evidence, eligibility problems or case-specific circumstances.

The quarterly data do not identify the reasons behind the 35,767 denials. They also do not separate denials involving employment-based, family-based and other adjustment cases. It would therefore be premature to attribute the increase to one green card category or a specific USCIS policy. (uscis.gov)

Does This Affect F-1 Students, OPT or CPT?

The reported 44% denial share does not apply to Optional Practical Training (OPT) applications or Curricular Practical Training (CPT).

Although OPT applicants also use Form I-765, they file under F-1 employment-authorization categories. The newly reported figures cover the adjustment-of-status work permit category generally associated with a pending Form I-485.

CPT is different because it is authorized by a student’s Designated School Official and documented on Form I-20 rather than approved through Form I-765. Readers can review the differences between F-1 OPT and CPT for more background.

The data may nevertheless matter to current or former international students who have filed Form I-485 and are seeking an adjustment-based EAD. Some applicants may also hold another basis for employment, such as valid H-1B status or unexpired OPT. An adjustment-based EAD denial does not automatically cancel a separately valid form of work authorization, but the person must continue meeting all requirements of that separate category.

What Applicants Should Do After an I-765 Denial

Applicants should rely on their individual USCIS denial notice rather than assuming the quarterly trend explains their case.

Important steps may include:

1. Read the stated reason for denial. USCIS must provide written notice explaining its decision.
2. Check the Form I-485 separately. Confirm whether the adjustment application remains pending or has also been decided.
3. Review current work authorization immediately. A pending I-485 or I-765 does not, by itself, always authorize employment.
4. Coordinate with the employer. The employer’s immigration team may need to determine whether another valid employment basis remains available.
5. Obtain case-specific advice promptly. Federal regulations do not provide a direct administrative appeal from an I-765 denial, although a denial notice may identify options such as a motion to reopen or reconsider.

Applicants should not continue working solely because they have a pending green card case. Whether employment can continue depends on the person’s valid EAD, qualifying extension or separate immigration status. (justice.gov)

Frequently Asked Questions

Did USCIS deny 44% of all adjustment-based I-765 applications filed?

No. The approximately 44% figure represents denials as a share of approvals and denials issued between April and June 2026. It is not the percentage of applications received during the quarter, and it does not include the 671,362 applications that remained pending on June 30.

Were 35,767 green card applications denied?

No. USCIS denied 35,767 Form I-765 employment-authorization applications in the adjustment-of-status category. The statistic does not mean that USCIS denied the same number of Form I-485 green card applications.

Does the increase apply to OPT work permits?

No. The reported data cover adjustment-based employment authorization connected to pending Form I-485 cases. OPT applicants file Form I-765 under separate F-1 eligibility categories.

Why did the adjustment EAD denial share increase?

USCIS’s quarterly figures do not provide a reason. The report does not show how many denials resulted from underlying I-485 decisions, filing problems, missing evidence or other eligibility issues. Additional agency data or guidance would be necessary to explain the increase reliably.

Can an H-1B worker continue working after an adjustment EAD denial?

Possibly, if the worker continues to hold valid H-1B status and remains employed according to the approved H-1B petition. An adjustment-based EAD denial does not automatically invalidate separate H-1B employment authorization. Applicants should have their status and employment history reviewed before relying on another authorization basis.

Sources:

• USCIS Immigration and Citizenship Data Library
• USCIS FY2026 Quarter 3 Report for All Application and Petition Form Types
• USCIS Form I-765 Instructions
• 8 CFR 274a.13 — Application for Employment Authorization
• Financial Express: Adjustment-Based Work Permit Denials in FY2026 Q3