Under US law all workers must be authorized to work in the United States. Employers are required to verify identity and employment eligibility for every new hire using Form I-9. Certain noncitizens need an Employment Authorization Document (EAD) as proof of work authorization. Others are authorized to work because of their immigration status and I-94, without an EAD.
Section A: What is an EAD?
An Employment Authorization Document is a photo ID card from USCIS that proves you are authorized to work in the United States under a specific legal basis. It is not a visa and it does not grant entry or extend your stay. The card is evidence of work authorization that already exists in law for your category.
The EAD shows your name, photo, category code and the validity dates. Employers use these dates for Form I-9. In I-9 terms, an unexpired EAD is a List A document because it establishes both identity and employment authorization.
An EAD proves you are employment authorized within the printed validity dates and can be used to complete Form I-9 as a List A document. It does not, however, grant admission, extend immigration status or guarantee future approvals. Your ability to work still depends on staying eligible for the category that supports the card.
Some people are authorized to work incident to status and do not need an EAD. They may choose to apply for one, but their work authorization comes from the status and I-94, not from the card.
EAD validity is tied to your underlying status or eligibility. Many cards are issued for one year and some categories can receive up to five years. An EAD cannot run longer than your authorized stay or the limit set for your category. If you stop qualifying for that category, the card no longer allows you to work.
For renewal applications filed on or after October 30, 2025, most categories no longer receive an automatic extension while the renewal is pending. Limited exceptions can apply where Congress or a Federal Register notice extends documentation, most often for TPS. The practical steps for renewals are covered in the later section on extensions and timing.
Working without authorization is unlawful. It can damage current and future immigration applications and create compliance risk for the employer.
Section B: Who Needs an EAD to Work in the US?
Whether you need an EAD depends on how your immigration category provides work authorization. Some people are authorized to work because of their status and I-94 and do not need a card at all. Others must obtain an EAD before any employment can start. The sections below set out the main groups so employers and applicants can check what applies before filing.
| Category | EAD required to work? | Details |
|---|---|---|
| H-1B, L-1, O, P principals | No | Work is incident to status for the petitioning employer; I-94 and approval notice govern. |
| E-1/E-2 and L-2 spouses (with correct I-94 notation) | No | Work-authorized incident to status. EAD is optional as alternative evidence. |
| Refugees and granted asylees | No | Authorized incident to status; many still obtain an EAD for I-9 documentation. |
| COFA nationals (Micronesia, Marshall Islands, Palau) | No | Generally work-authorized incident to status under Compacts of Free Association. |
| F-1 on-campus employment / CPT | No | On-campus work and CPT are authorized without an EAD when properly endorsed. |
| F-1 OPT / STEM OPT | Yes | EAD required before work may begin. |
| M-1 practical training | Yes | EAD required for authorized practical training. |
| Adjustment of status applicants (I-485 pending) | Yes | Category (c)(9). From Oct 30, 2025, renewals get no auto-extension while pending. |
| Asylum applicants (pending) | Yes | Category (c)(8). No auto-extension for renewals filed on/after Oct 30, 2025. |
| H-4 eligible spouses | Yes | Category (c)(26). Renewals filed on/after Oct 30, 2025 receive no auto-extension. |
| J-2 dependents | Yes | May work only with an approved EAD; earnings cannot support the J-1 principal. |
| K-1 fiancé(e)s / K-3 spouses | Yes | EAD required to work after entry. |
| TPS beneficiaries | Usually | EAD typically required; some employment documents may be extended by statute or Federal Register notice. |
| Parolees / humanitarian categories (varies) | Usually | EAD often required; check the specific parole or humanitarian basis. |
| DACA recipients | Yes | Work authorization is through an EAD tied to DACA approval. |
| F-2 dependents | Not eligible | No employment permitted; must change to a work-authorized category. |
| TD dependents (of TN) | Not eligible | No employment permitted unless changing to a status that allows work. |
1. Workers that require an EAD before working
Many noncitizens must hold an approved EAD to work. Common examples include:
- Adjustment of status applicants with a pending Form I-485
- K-1 fiancé(e)s of US citizens and K-3 spouses who wish to work after entry
- J-2 spouses and qualifying children of J-1 exchange visitors
- Applicants for asylum while a claim is pending
- Certain parolees and other humanitarian entrants
- Dependents of foreign government officials under specific classifications
- Nationals granted Temporary Protected Status where a current notice does not already extend documentation
- Individuals granted DACA, who receive work authorization through an EAD
For these groups the EAD is the basis for I-9 employment verification. If the card expires and a new card has not been approved, work must stop unless another lawful basis applies.
2. Work-authorized incident to status: no EAD required
If your status itself authorizes employment, you do not need an EAD. This covers principal nonimmigrant workers such as H-1B, L-1, O and P for the petitioning employer. It also covers many spouses who are authorized to work based on their status and I-94 notation, including E-1 and E-2 spouses and L-2 spouses. Refugees and those granted asylum are authorized to work under statute without needing a card, although many still apply for an EAD as evidence. Citizens of Micronesia, the Marshall Islands and Palau are generally work-authorized under the Compacts of Free Association. Children in these categories are not automatically work-authorized unless a rule says so.
3. Students
F-1 students may work on campus without an EAD and may take part in Curricular Practical Training with DSO authorization. An EAD is required for Optional Practical Training and STEM OPT. M-1 students need an EAD for practical training. J-1 students follow sponsor rules and do not file Form I-765 unless the specific employment type requires it.
4. Dependents
Certain H-4 spouses of H-1B principals who are in the permanent residence process are eligible to apply for an EAD. Where an H-4 EAD renewal is filed on or after October 30, 2025, there is no automatic extension while the case is pending, so employment ends on the printed expiry date unless the new card is approved in time.
E and L spouses are work-authorized incident to status when the I-94 is issued with the correct spousal notation. An EAD is optional for these spouses because the I-94 serves as the basis for work authorization. Children in E or L status are not work-authorized.
F-2 dependents are not permitted to work in the United States. Any employment would require changing to a category that allows work.
J-2 dependents may apply for an EAD. Earnings cannot be used to support the J-1 principal, and employment may only begin after the EAD is approved and issued.
TD dependents are not work-authorized. They need to obtain a separate status that permits employment if they plan to work in the US.
5. Green card holders
Lawful permanent residents and conditional permanent residents do not need an EAD. The Green Card is sufficient evidence of identity and work authorization for I-9 purposes.
6. Timing alert for EAD-reliant categories
For renewal filings made on or after October 30, 2025, most categories no longer receive an automatic extension while a Form I-765 is pending. File up to 180 days before expiry and plan for reverification on the printed expiration date unless a new approval or a TPS notice covers the gap. Subsequent sections in this guide explain renewal timing and risk management in detail.
Section C: Confirming EAD Eligibility
Your eligibility for an EAD depends on the legal basis that authorizes employment for your category. On Form I-765 you enter the eligibility category at Part 2, Item 27 and provide evidence that matches that category. If the code is wrong or the evidence does not align, USCIS can refuse the application even where you would otherwise qualify.
1. Choosing the correct category
Use the I-765 instructions to identify the exact code, then check the examples and evidence list for that code. Common entries include (c)(9) for adjustment applicants, (c)(8) for asylum applicants, (a)(5) for asylees, (a)(3) for refugees, (c)(26) for eligible H-4 spouses, and TPS-based categories listed in the current Federal Register notice for your country. Do not rely on informal labels. Match your status, filing stage and any country notice to the code in the instructions.
2. Evidence that fits the category
Your evidence should align with the eligibility code you enter at Part 2, Item 27. Provide clear proof of identity and status that matches the rule set for that code, such as your passport ID page, I-94, any prior EAD, status notices and two photographs in the required format. If you are filing as an adjustment applicant, include the documents the instructions call for even when you submit Form I-765 with Form I-485. An I-485 receipt by itself is not always sufficient. Online filers upload their evidence through a USCIS account while paper filers enclose copies in the mailed packet. Keep a complete copy of everything you submit, including proof of payment.
3. Avoiding common miscoding errors
Enter the regulatory eligibility code, not a general label. USCIS expects the exact citation shown in the instructions and on the card, for example (c)(9) for an adjustment applicant or (c)(26) for an eligible H-4 spouse. Check that the code reflects your stage. A person with a pending asylum claim uses a different code than someone already granted asylum, and the supporting evidence differs. If your filing relies on a TPS country notice, follow that notice precisely, including the listed document types and validity dates. Mismatched codes, documents or dates are a frequent cause of delays and refusals.
4. Renewals and the Oct 30, 2025 change
For renewals filed on or after October 30, 2025, most categories no longer receive an automatic extension while the I-765 is pending. File up to 180 days before expiry, select the correct renewal code, and include all evidence the instructions call for. TPS beneficiaries should follow the latest country notice for any documentation extensions. Workers authorized incident to status, such as many E and L spouses with the correct I-94 notation, are not directly affected because they do not rely on an EAD to work.
Section D: How to Apply for an EAD
Start by confirming that Form I-765 is the correct route for your category and that you meet the rule-based criteria for employment authorization. The eligibility code anchors the entire filing. Errors at this stage cause delays or refusals even where you would otherwise qualify.
1. Choose the correct eligibility category
The eligibility category is entered at Part 2, Item 27 on Form I-765. The code should reflect your exact position, for example (c)(9) for an adjustment applicant or (c)(26) for an eligible H-4 spouse. If Temporary Protected Status applies, align the filing to the most recent Federal Register notice for your country, including the stated dates and document combinations. A miscoded filing or reliance on an outdated notice invites rejection.
2. Decide how to file: online or paper
Many categories can be filed online through a USCIS account, which allows evidence upload and secure messages. Where online filing is not available, send a paper packet to the correct lockbox for your category and location. Keep names, dates, and numbers consistent with your passport, I-94 and any prior USCIS filings to avoid identity checks and slowdowns.
3. Prepare evidence that matches the category
Your evidence should track the code at Part 2, Item 27. Expect to provide a government ID, the most recent I-94, any prior EAD, two photos in the required format, and status documents tailored to the code, such as an I-485 receipt for (c)(9) or H-1B and H-4 approvals for (c)(26). Adjustment applicants still include supporting documents even when filing Form I-765 with Form I-485. Online filers upload scans to the USCIS account. Paper filers include clear copies in the packet. Keep a complete copy of the submission and payment proof.
4. Pay the fee or request a waiver
As of April 1, 2024, the standard paper filing fee is $520. Some student filings have different online fees. Biometrics are charged only where the category requires them. Applicants who qualify can request a fee waiver on Form I-912 based on benefits, income level or documented hardship. Several humanitarian categories are fee exempt under the current schedule. Check the latest USCIS fee table before filing.
5. Submit and track your case
Online filings are submitted through the USCIS account. Paper filings go to the designated lockbox. Keep the courier confirmation. The I-797C receipt will confirm the filing date and case number. Respond to any biometrics notice or Request for Evidence by the stated deadline. File an AR-11 change of address and update your USCIS account if you move so notices are delivered.
6. Timelines, renewals and premium processing
Processing times vary by category and service center. There is no guaranteed 90-day decision and no interim EAD. USCIS advises filing renewals up to 180 days before the printed expiry date. For renewals filed on or after October 30, 2025, most categories no longer receive an automatic extension while the case is pending, so a short gap is possible if approval is not issued in time. Some categories offer premium processing for an extra fee, which can reduce timing risk but does not change eligibility standards.
7. After approval and I-9 implications
Employment can start only when you hold evidence of authorization. EAD-reliant categories need the physical card within its validity dates. Those authorized incident to status work from the I-94 and do not require a card. Employers complete Form I-9 using an unexpired EAD as a List A document and reverify on or before the expiration date unless a new approval, status-based authorization or a TPS notice covers the period ahead.
Section E: Summary
The EAD is evidence of employment authorization, not a visa or an extension of stay. Some people are work-authorized because of their status and I-94 and do not need a card, while others need an approved EAD in hand before any employment can begin. From October 30, 2025, renewal filings for most categories no longer receive an automatic extension during processing. Limited exceptions remain where Congress or a Federal Register notice extends documentation, most often for TPS.
For anyone who relies on an EAD, timing is now the main operational risk. Renewals should be filed up to 180 days before expiry, with clean category coding, complete evidence and accurate fee payment. Employers should track card end dates, plan I-9 reverification on or before the printed expiry and prepare contingencies if approval does not arrive in time. Where available, premium processing can reduce delay risk but does not change eligibility. Those who are work-authorized incident to status should keep their I-94 current and correctly annotated, which removes EAD renewal timing from the equation.
Section F: Need Assistance?
NNU Immigration are dedicated US immigration attorneys. We support employers, entrepreneurs and key personnel with all aspects of US immigration applications for work and business. If you require support or guidance with a US immigration matter, contact us.
Section G: EAD FAQs
What does the EAD card show?
The EAD card displays your full name, photograph, category code, card number, and the start and end dates of your authorized employment period. It also indicates any restrictions or notations relevant to your category. Employers use these details to verify employment authorization under Form I-9 rules.
How long is an EAD valid for?
Most EADs are valid for one year, but certain categories can be issued for up to five years. The validity period cannot exceed the period you are authorized to remain in the United States or the limits of your underlying category. Check the printed “Card Expires” date and file for renewal up to 180 days before that date.
Can I keep working if my EAD renewal is still pending?
Only if your renewal was filed before October 30 2025 and you qualify under the prior automatic extension policy. For renewals filed on or after October 30 2025, most categories no longer receive an automatic extension, so employment must stop when the current EAD expires unless you have another lawful basis to work.
Do I need an EAD if I am work-authorized incident to status?
If your status authorizes employment, such as H-1B, L-1, E-2, or an L or E spouse with the correct I-94 notation, you can work based on your status. An EAD is optional and serves only as alternative evidence of that authorization.
How do I replace a lost or stolen EAD?
To replace a lost, stolen, or damaged EAD, file a new Form I-765 and select “Replacement” as the reason for filing. Include a copy of any prior card if available and supporting identification. The standard filing fee or an approved waiver applies.
How is an EAD different from a Green Card?
A Green Card confirms lawful permanent residence and includes unrestricted work authorization. An EAD only confirms temporary employment authorization for specific visa or status holders. It does not grant or extend immigration status or permission to remain in the United States.
What is the difference between an EAD and H-1B work permission?
The H-1B visa authorizes work for a specific sponsoring employer and does not require an EAD. The EAD covers broader categories of noncitizens who do not have work permission incident to status. H-1B, L-1, and similar visa holders cannot use an EAD in place of their petition-based authorization.
When should I apply to renew my EAD?
File your renewal application up to 180 days before your current card expires. USCIS advises filing as early as possible, especially since automatic extensions no longer apply to most categories for filings made on or after October 30 2025. Early filing helps avoid employment gaps.
Section H: Glossary
| Term | Definition |
|---|---|
| Employment Authorization Document (EAD) | A photo ID card from USCIS that proves you are authorized to work in the US for a set period. |
| Automatic extension (EAD) | The now-ended policy that extended many EADs while a timely renewal was pending. For renewals filed on or after Oct 30, 2025, most categories no longer receive this. |
| Incident to status | Work authorization that comes directly from your immigration status and I-94, not from an EAD card (e.g., many E and L spouses with proper notation). |
| I-94 | Arrival/Departure record showing your status class and admitted-until date. For some, it is the key proof of work authorization. |
| Form I-765 | USCIS application to request, renew, or replace an EAD. Your eligibility category is entered at Part 2, Item 27. |
| Eligibility category (e.g., (c)(9), (c)(26)) | The legal basis for your EAD, shown as a code on the form and card (e.g., (c)(9) adjustment applicant, (c)(26) H-4 spouse). |
| Form I-485 | Application to adjust status to permanent resident. Applicants often file I-765 for an EAD while the I-485 is pending. |
| Temporary Protected Status (TPS) | A humanitarian status for certain nationalities. Employment documents may be extended by statute or Federal Register notice. |
| Federal Register notice (TPS) | Official notice that can extend TPS validity and related employment documentation with specific dates and document combinations. |
| Form I-9 | Employment eligibility verification form employers complete with every new hire. Requires reverification when a time-limited document expires. |
| Reverification | The employer’s follow-up I-9 step to confirm continued work authorization when a worker’s document has an expiration date. |
| Receipt notice | USCIS confirmation that an application was received, showing the filing date and case number. Not proof of work authorization unless a rule says so. |
| Premium processing | An optional, paid USCIS service that expedites adjudication for certain forms or categories. Not available for all I-765 types. |
| Biometrics | Fingerprinting and photo collection for background checks, required for some applications. |
| Service center | The USCIS facility that processes a case. Processing times vary by center and category. |
| DSO (Designated School Official) | School official who authorizes F-1 student employment benefits like CPT and updates SEVIS records. |
| OPT / STEM OPT | F-1 post-completion work programs. OPT and STEM OPT require an EAD before work may begin. |
| CPT | Curricular Practical Training for F-1 students, authorized by the DSO. Does not use an EAD. |
| COFA nationals | Citizens of Micronesia, the Marshall Islands, and Palau who are generally work-authorized incident to status under Compacts of Free Association. |
| RFE (Request for Evidence) | USCIS notice asking for missing or additional proof before a decision can be made. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.