EAD: Employment Authorization Document to Work in the US

Under US law, all workers—regardless of nationality and immigration status—must show they are authorized to work in the USA. Meanwhile, US employers must verify all new employees’ identities and eligibility to carry out the work on offer.

Certain visa holders need an Employment Authorization Document (EAD) before they are legally allowed to work in the US.

In this guide, we explain who needs an EAD to work lawfully in the USA and how to apply for one.

 

What is an EAD?

Employment Authorization Documents (EAD) effectively act as work permits for foreign nationals across a number of different immigration categories to prove their eligibility to work in the US. They act as evidence that you have the required permission to work while in the US.

The EAD card is similar to a driver’s license.

How long an EAD lasts depends on the holder’s current immigration status and the type of visa they hold. Typically, EADs are valid for one year, although in some cases they are valid for up to five years.

Attempting to start work without employment authorization is unlawful, putting you at risk of your visa being revoked and of being deported.

 

Who needs an EAD to work in the US?

Whether you need an EAD as proof of your eligibility to work in the US will depend on the nature of your current immigration status:

 

Temporary US visa holders

If you are a non-US national and have successfully applied for a visa for temporary employment, in most cases you will also need to have an EAD before you can be employed in the USA. You will not need an EAD if you are authorized to work in the US for a specific employer on a nonimmigrant basis, such as under the H-1B category for specialized workers, L-1B, O and P visas.

If you have valid nonimmigrant status and are sponsored by a specific US employer, you will not need an EAD, e.g. H-1B, L-1B, O, or P visas, and following a rule change in 2021, spouses of E2, H1B and L1 visa holders also may not have to apply for an EAD.

Other types of temporary visas that require an EAD include:

• Individuals awaiting a decision on an adjustment of status or Green Card application
• K-1 visa for spouses and fiances of US citizens
• J-2 spouses or minor children of exchange visitors
• Refugees
• Asylum seekers permitted to stay in the US
• Dependents of foreign government officials
• Nationals of certain countries given Temporary Protected Status (TPS) due to conditions in their home countries
• Individuals who are DACA eligible
• Citizens of Micronesia, the Marshall Islands and Palau
• Other workers depending on circumstances such as some visa beneficiaries and their dependents

 

Students

Typically, student visa holders in the USA, who are on an F-1 visa, do need an EAD to work legally in the United States. However, there are specific guidelines and restrictions regarding when and where they can work.

 

Dependent visa holders

• Dependents of H-1B Visa Holders: Spouses and unmarried children under the age of 21 of H-1B visa holders are eligible for an H-4 visa. Under current rules, certain H-4 dependent spouses are allowed to obtain employment authorization if the H-1B visa holder is in the process of obtaining lawful permanent residence through employment. These H-4 spouses can apply for an EAD to legally work in the U.S.
• Dependents of L Visa Holders: Spouses and unmarried children under the age of 21 of L-1 visa holders are eligible for an L-2 visa. L-2 visa holders may apply for an EAD to work in the US without any restrictions, although under specific provisions, L spouses can work in the US ‘incident to their status’, and no longer need to apply for the EAD.
• Dependents of E Visa Holders: Spouses and unmarried children under the age of 21 of E-1 or E-2 visa holders are eligible for an E-1 or E-2 dependent visa, respectively. E-1 and E-2 dependents can apply for an EAD to work in the US, although under specific provisions, E spouses can work in the US ‘incident to their status’, and no longer need to apply for the EAD.
• Dependents of F-1 Visa Holders: Spouses and unmarried children under the age of 21 of F-1 visa holders are eligible for an F-2 visa. Generally, F-2 visa holders are not allowed to work in the U.S. However, under certain circumstances, they may apply for an Employment Authorization Document (EAD) from USCIS if they can demonstrate severe economic hardship.
• Dependents of J-1 Visa Holders: Spouses and unmarried children under the age of 21 of J-1 visa holders are eligible for a J-2 visa. J-2 visa holders may apply for an EAD from USCIS to work in the U.S. However, the employment must not be used to support the J-1 visa holder.
• Dependents of TN Visa Holders: Spouses and unmarried children under the age of 21 of TN visa holders are eligible for a TD visa. TD visa holders are not authorized to work in the U.S. and must obtain a separate work visa or permission if they wish to work.

 

Green card holders

EADs are also generally not required if you have a valid Green Card or hold status as a lawful or conditional permanent resident. The Green Card acts as the work permit and proves the holder’s authorization.

 

How to Apply for an EAD

Step 1. File Form I-765

You apply for your EAD using Form I-765; a one-page document available for download on the USCIS website.

The form is relatively straightforward to complete. You will be asked to provide certain personal information and identify which category you are applying under for work authorization.

 

Step 2. Compile & submit supporting documents

Unless you are applying to adjust your status, it will be mandatory to provide documents with your form to act as evidence that you are eligible for an EAD. Expect the documentation to be extensive. You will need to submit sufficient proof of your status in the US, your qualifications and other relevant requirements relevant to the category you are applying under. For example, you may need to provide:

• A copy of your previous EAD, if you have one.
• Government-issued identification, such as your passport.
• A copy of your Form I-94 (arrival/departure record).
• Two photographs of you, in the required format and with your name and Alien Receipt Number on the reverse of each.

 

Step 3. Attach proof of fee payment

Your application will not be processed without proof that you have paid the required fee(s).

 

Step 4. Submit your application

Once complete, you can submit your application either by post or online (e-filing). In either case, supporting documents must be submitted by post.

It is advisable to make a copy of the full bundle for your own records.

 

Confirming EAD eligibility

While the application process itself is relatively straightforward, complications can arise in determining the grounds for your eligibility for work authorization, under question 16 on Form I-765.

US work permits are only available to limited groups of immigrants. Typically, this includes individuals with temporary permission to be in the US eg through a work visa, or those applying for a Green Card (or adjustment of status).

To be eligible for work authorization, you must fall under one of the following categories and select as appropriate on your I-765:

• Employment-Based Nonimmigrant
• Family Based Nonimmigrant
• International students (such as F-1 visa or M-1 visa student)
• EAD applicant who has filed for an Adjustment of Status (you have applied for a Green Card)
• Certain nationalities
• Asylum seeker or refugee and their dependents (spouse and children)
• Eligible dependents of employees from international organizations, diplomatic missions, or NATO

 
Selecting the wrong category for your circumstances can result in your application being refused.

This means evidencing that you qualify under the relevant category by providing supporting documents that evidence of your status. The type of documents to submit will therefore depend on the nature of your status.

If you are already applying for an adjustment of status, you won’t need to provide supporting documents to prove your eligibility.

 

How long is the EAD processing time?

You should expect to receive a decision on your EAD application in around 90 days.

If approved, you will receive a notification and your EAD card by post. If your application is refused, you will be informed by letter. This will also contain the grounds for refusal.

 

How much is an EAD?

The EAD application fee is $520 from April 1, 2024. Applications filed prior to this date incur a fee of $410, with an additional $85 for biometrics.

 

EAD fee exemptions

An EAD fee waiver may be available if:

• You or someone living with you is currently receiving a means-tested benefit eg Medicaid, Temporary Assistance to Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP or food stamps), Supplemental Security Income (SSI)
• Your annual household income is below the 150% of the Federal Poverty Guidelines at the time of your filing
• You are experiencing financial hardships which do not allow you to pay the fees. Financial hardships can be if you have unexpected medical bills or emergencies.

Fee waivers are requested using Form I-912.

The following are exempt from the EAD filing fee:

• Asylees, Refugees or those Paroled as Refugees
• N-8 or N-9 nonimmigrants
• Citizens of Micronesia, Palau, or the Marshall Islands
• Those Granted Withholding of Deportation
• Victims of Severe Forms of Trafficking
• U-1 Nonimmigrants
• Those dependent of an international organization, foreign government, or NATO personnel
• Applicants for Asylum
• VAWA Self-petitioners

 

How long is the EAD valid for?

Usually, EADs are issued for one year, but this can vary. In some cases, the EAD can be valid for up to five years. EADs are temporary and will not be valid beyond the validity of the individual’s visa.

The expiry date is printed on the front of the card to indicate to employers the period of work authorized to work.

To continue working lawfully in the US, and provided you remain eligible to work, you will need to renew your EAD before it expires. You can apply to renew up to 180 days before the expiry date.

 

Replacing a lost or stolen EAD

To replace a valid EAD, file form I-176 ensuring you opt to ‘replace an existing’ card.

 

Difference between an EAD card and a Green Card

It is important not to confuse the EAD card with a Green Card – they are two very separate and different things.

A Green Card allows the holder to enter and remain in the US as a lawful permanent resident. This encompasses permission to work in the US in any kind of role. Accordingly, US citizens and permanent residents do not need an EAD.

It is the underlying visa or Green Card which determines an individual’s immigration status and permission to enter the US.

An EAD relates only to verifying an individual’s permission to work in the US. It does not confer any rights to enter or remain in the US. Further, EADs are only issued where the individual has a valid visa or lawful US immigration status.

 

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.

 

EAD FAQs

What does the EAD card show?

The EAD card looks much like a driver’s license, with a photograph of the holder, their personal details, visa classification, dates of authorized employment and any employment restrictions.

 

What is the difference between employment authorization and H1B work permission?

The H-1B classification grants specific work permissions to visa holders and their spouses, which are not to be confused with the EAD. H-1B visa holders do not need to apply for an EAD card. Their permission to work forms part of their visa benefits but, importantly, is limited to performing a qualifying role for a qualifying US sponsor (ie the petitioning employer) per their USCIS H-1B petition. Other work visas such as the L1 and E2 also provide employment authorization to the holder inherent within the visa classification and subject to the specific visa rules.

 
This article does not constitute direct legal advice and is for informational purposes only.