Learn About Employment Authorization Document Requirements

What Is an Employment Authorization Document?

An Employment Authorization Document, commonly called an EAD or work permit, is an official card issued by U.S. Citizenship and Immigration Services (USCIS) that shows you are permitted to work legally in the United States. The document itself is a wallet-sized card that displays your photograph, name, date of birth, and an expiration date. It serves as proof to employers that you are authorized to accept employment under U.S. law.

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The EAD card looks similar to a state ID but contains specific security features and information unique to work authorization. It includes a category code that indicates the type of work authorization you hold. For example, category code "A12" refers to individuals with Temporary Protected Status (TPS), while "C26" refers to spouses of certain visa holders. Each category determines what types of jobs you can hold and for how long you can work.

Not every person who works in the United States needs an EAD. U.S. citizens and certain immigrants with permanent residency automatically have work authorization and do not need this separate document. However, many foreign nationals—including those waiting for their permanent residency status to be decided, refugees, asylees, and people with certain visa categories—must have an EAD to work legally.

The card is valid for a specific time period, ranging from one to three years depending on your immigration status and category. During that time, you can work for most employers without restrictions. Once your card expires, you generally cannot continue working legally unless you have already taken steps to renew it or obtain new authorization.

Practical Takeaway: If you are a foreign national living in the United States and want to work, understanding whether you need an EAD is the first step. Check your current immigration documents or speak with an immigration attorney to determine your specific situation.

Who Can Obtain an Employment Authorization Document

Many different immigration statuses allow people to request an EAD from USCIS. Understanding whether your situation may qualify you is important before gathering documents and information. The categories are broad and include several paths through the immigration system.

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Individuals with pending asylum claims may be able to request an EAD after waiting a certain amount of time. Specifically, if you filed an asylum request and have been waiting 150 days or more for a decision on your case, you may be able to file for work authorization. This rule helps people support themselves while their cases move through the immigration court system, which can take years to complete.

People with Temporary Protected Status (TPS) are another large group that may receive EAD authorization. TPS is granted to nationals of countries experiencing armed conflict, environmental disasters, or epidemic diseases. Countries that have received TPS designation over recent years include Venezuela, Syria, Haiti, and El Salvador. As of 2024, approximately 600,000 people in the United States hold TPS status.

Family-based immigrants waiting for permanent residency may also be authorized to work. For example, immediate relatives of U.S. citizens who are waiting for their visa to become available, or family preference category immigrants in the immigration visa queue, may be able to work while waiting. Additionally, spouses of certain visa holders (such as L-1 visa holders) may obtain work authorization through their family relationship.

Refugees and asylees automatically receive work authorization upon arrival or approval, without needing to file a separate request. Refugees are admitted to the United States specifically because they cannot return to their home countries due to persecution. Asylees are people who were already in the United States when they filed for asylum protection. Both groups receive work authorization as part of their status.

Special immigrant categories, such as certain religious workers, Iraqi and Afghan nationals who assisted the U.S. military, crime victims (U visa holders), and trafficking survivors (T visa holders), may also receive EAD authorization. Graduate students and scholars on certain visa types may also request work authorization for specific on-campus employment or practical training opportunities.

Practical Takeaway: Write down your current immigration status and research which categories USCIS lists that match your situation. This information appears on official USCIS forms and documents, which you can review to understand whether your status typically allows work authorization.

The Document Request Process and Required Information

The process of requesting an EAD involves filing Form I-765 (Application for Employment Authorization) with USCIS. This form asks for detailed personal information, immigration history, and reasons why you believe you should receive work authorization. The form itself is several pages long and requires careful attention to accuracy, as errors can cause delays in processing.

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When completing Form I-765, you must provide your full legal name exactly as it appears in your immigration documents. You must also include your date and place of birth, current address, and immigration file number (if you have one). The form includes detailed questions about your immigration history, any arrests or criminal charges, and your employment background. All information must be truthful and complete.

Along with the form, you must provide supporting documents that prove your identity and immigration status. Common documents include a copy of your passport, birth certificate, state ID or driver's license, and immigration papers such as your I-94 arrival record, asylum receipt notice, or TPS approval letter. The exact documents needed depend on your specific immigration category.

Photographs are also required with your request. USCIS has specific requirements for these photos: they must be 2x2 inches in size, taken within the last 30 days, with a white or off-white background, and showing your face from the front with a neutral expression. The photos must clearly show your facial features and be in color. Poor quality photos can lead to rejection of your entire request.

A filing fee currently applies to most EAD requests, though fee waivers or reductions may be available for people with low income. As of 2024, the standard filing fee is $130 to $640 depending on the category, plus additional fees for biometric processing. The fee structure is set by USCIS and changes periodically. You can pay by check, money order, credit card, or debit card when you send in your request.

You must send your completed form and all supporting documents to the correct USCIS address. USCIS maintains different addresses for different types of requests, and mailing to the wrong address causes significant delays. The current addresses appear on the official Form I-765 instructions, which you can view on the USCIS website. Many people also choose to send their documents by certified mail so they have proof of delivery.

Practical Takeaway: Before gathering your documents and preparing your form, obtain the most current Form I-765 and instructions directly from USCIS.gov. Forms change periodically, and using an outdated version can result in your request being rejected.

Processing Times, Biometrics, and Timeline Expectations

After you send your EAD request to USCIS, the agency must process it before you receive your card. Processing times vary significantly based on the service center that handles your case and your specific immigration category. Currently, processing times range from several months to over a year for some categories. USCIS publishes estimated processing times on its website for each service center, allowing you to understand what to expect for your location.

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As part of the processing, USCIS will schedule you for a biometrics appointment. Biometrics refers to the collection of your fingerprints and photograph for security background checks. You will receive a notice in the mail telling you when and where to go for this appointment. The appointment is usually at a local USCIS office or Application Support Center and typically lasts 15 to 30 minutes. During the appointment, your fingerprints are scanned electronically and compared against FBI and other law enforcement databases.

Your biometrics must be completed before your EAD can be issued. If you miss your biometrics appointment, USCIS may deny your entire request. For this reason, it is important to keep track of your appointment notice and calendar date. If you cannot attend on the scheduled date, you can typically call USCIS to reschedule, though this may add time to your overall processing period.

After your biometrics are completed and your background checks are finished, USCIS will either approve your request or send you a notice explaining why it cannot be approved. If approved, your EAD card is printed and mailed to your address. From the time USCIS approves your case, the card usually arrives within 7 to 10