How to Acquire an Employment Authorization Document (EAD)

Some people in the United States have an automatic right to work, along with their immigration status, such as:

• U.S. citizens (naturalized or native-born)
• U.S. lawful permanent residents (who hold a green card), and
• nonimmigrants who are on visas that authorize them to work for a specific U.S. employer (such as H-1B, L-1, and O-1).

Pretty much everyone else who wants to work in the United States, however, must be in a category that qualifies for work permission, and then must actually apply to U.S. Citizenship and Immigration Services (USCIS) for and receive an Employment Authorization Document (EAD card, or work permit).

U.S. employers are required by law to check the status of all new workers when they are first hired, regardless of their national origin, to make sure they are allowed to work in the United States. That is why having some form of documentation of one’s immigration status and right to work is especially important.

Which Foreign Nationals Can Apply for an EAD?

Not all foreign nationals are qualified to apply for an EAD. Undocumented immigrants, for example, cannot—at least not until they have received, or in some cases are on their way to receiving, some sort of immigration status, such as by applying for asylum or being granted Temporary Protected Status (TPS).

The categories of people who can apply for an EAD are found in the instructions for Form I-765, available on USCIS’s I-765 page. They include, for example:

• refugees and approved asylees, and in some cases people applying for asylum whose cases are still pending a government decision
• people granted withholding of removal
• TPS recipients (until TPS for their particular country expires)
• foreign students, in limited circumstances such as when they are in severe economic need, and
• applicants for adjustment of status (a green card while living in the U.S.) whose application is pending.

See the form's instructions for a complete list and details concerning eligibility for an employment authorization card.

How Do I Apply for an EAD?

If you are eligible to file for a work permit, you must fill out Form I-765 Application for Employment Authorization and include any required supporting documents and the latest government fee.

You may file it with USCIS electronically or by mail. Where to send it depends on where you live and your immigration status. Again, see USCIS’s I-765 page for details.

How Long Will My EAD Last? Can I Renew It?

The EAD’s validity period depends on the basis upon which you applied for it. After it expires, it can potentially be renewed, but again, only if you are in an immigration category that allows for that.

The usual renewal method is much like the original application method. You would submit Form I-765 to USCIS, along with supporting documents and the required fee. Among the most important supporting documents will be one showing that your underlying eligibility for a work permit remains valid; for example, that you are still an asylee.

If you require any assistance, your best bet is to hire a qualified immigration attorney.