One of the most critical questions in the U.S. job search process is, "Do you have legal authorization to work?" This question is particularly relevant for foreign nationals who are neither U.S. citizens nor lawful permanent residents. To work legally in the United States, obtaining an Employment Authorization Document (EAD) is essential.

The EAD, commonly known as a work permit, is issued by U.S. Citizenship and Immigration Services (USCIS) to prove that the holder is authorized to work in the country. Many nonimmigrant visa holders must apply for an EAD to comply with immigration regulations and avoid potential legal consequences.

The Importance of an EAD

The primary advantage of an EAD is that it's not employer-specific, allowing holders to work for any employer or individual, providing significant flexibility. The card contains crucial information including the holder's name, photograph, alien registration number, card number, date of birth, fingerprint, and expiration date.

Important Note: While the EAD serves as proof of work authorization, it does not function as a re-entry document. Holders traveling outside the U.S. must possess other valid entry documents to return.

Eligibility Categories for EAD

Before applying, applicants must determine if they qualify under one of these primary categories:

  • Refugees and Asylees: Individuals granted protection in the U.S. due to persecution in their home countries.
  • Temporary Protected Status (TPS): Nationals from countries affected by natural disasters or armed conflict.
  • Deferred Enforced Departure (DED): Individuals from specific countries allowed to remain due to unsafe conditions.
  • DACA Recipients: Individuals brought to the U.S. unlawfully as children.
  • Violence Against Women Act (VAWA) petitioners: Victims of domestic violence or abuse.
  • U and T visa holders: Victims of certain crimes or human trafficking.
  • Pending asylum applicants: Eligible after 150 days of pending application.
  • Certain nonimmigrant visa holders: Including F-1 students under specific circumstances.
  • Qualified spouses, fiancé(e)s, or dependents.

U.S. citizens and green card holders don't need an EAD to work legally. Asylum applicants cannot file for EAD until 150 days after submitting their asylum application.

Application Process

The EAD application involves several key steps:

1. Review Application Instructions

Carefully read the Form I-765 instructions. Consider professional legal assistance for complex cases to avoid rejection.

2. Prepare Required Documents

Gather government-issued ID copies, passport photos, and any category-specific documents (e.g., asylum application materials for asylum seekers).

3. Complete Form I-765

Fill out the form accurately either online or by hand. All applicants must sign the form personally.

4. Pay Application Fees

The standard fee is $470 for online applications or $530 for paper filings. Some applicants may qualify for fee waivers.

5. Keep Copies

Retain copies of all submitted materials and payment receipts for future reference.

6. Submit Application

File online or by mail. Include Form G-1145 for electronic notifications with mailed applications.

7. Track Application Status

Save the USCIS receipt number to monitor your case status online.

8. Wait for Approval Before Working

Working without an approved EAD constitutes illegal employment with serious immigration consequences.

Maintaining and Renewing Your EAD

EAD validity periods vary by immigration status, with maximum validity of five years. Holders must file renewal applications 180 days before expiration to maintain continuous work authorization.

Warning: Unauthorized employment can lead to deportation and future immigration application denials. Always maintain legal work status.

Frequently Asked Questions

What if my EAD application is denied?

USCIS provides denial reasons. Applicants may address issues and reapply, preferably with legal assistance.

Can I change jobs with an EAD?

Yes, EADs are employer-independent, but new employment must comply with your EAD category requirements.

How long does EAD processing take?

Processing times vary from weeks to months depending on category and USCIS workload.

Can I request expedited processing?

Expedited requests are possible for emergencies but require documentation and aren't guaranteed.

What happens when my EAD expires?

File for renewal before expiration to avoid work authorization gaps.

Conclusion

The EAD is a critical document for foreign nationals working in the United States. Understanding eligibility requirements and the application process is essential for maintaining legal work status. Applicants should consider professional legal guidance throughout the process and remain vigilant about immigration compliance to protect their rights and future opportunities in the country.