What is EAD? A guide to U.S. Work Authorization
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Many immigrants come to the USA to work. If you are not a U.S. citizen or Permit holder, job you should have an Employment Authorization Document (EAD). Find info on how to make an application for a work authorization and renew it.
What is an EAD?
An EAD is an Employment Authorization Document or work license. To work in the United States, you should be a U.S. citizen, a legal long-term resident, or have a work permit. An EAD proves you can legally operate in the United States.
Employers must check if you are licensed to work to follow the law and avoid penalties. It is typical for employers to ask during a job interview, "Are you legally authorized to work in the United States?"
The EAD is not specific to an employer. You can use an EAD card to work for any company in the United States.
EAD card
The EAD card includes your name, photo, alien number, card number, date of birth, fingerprint, and expiration date. You can use the card as a type of identification. It is not a legitimate document to return to the United States. The card is likewise referred to as an I-766.
Who can get an EAD?
You will need to be in an eligible classification to obtain an EAD.
Some of these consist of:
- Refugee.
- Asylee.
- Humanitarian parole.
- Temporary Protected Status (TPS).
- Deferred Enforced Departure (DED).
- DACA.
- VAWA.
- U and T visa.
- Pending asylum (150 days after filing).
- Withholding of deportation or elimination.
- Certain employment-based non-immigrants.
- Spouses, future husbands or dependents of specific authorized classifications
Find a complete list of qualified categories.
U.S. residents and Green Card holders do not need an EAD to work.
Asylum seekers
If you are an asylum seeker with a pending application, you should wait 150 days before looking for an EAD. USCIS may reject your Form I-765 if you file it before the 150-day waiting period.
Asylum Seeker Advocacy Project (ASAP) is a useful resource.
Refugees and asylees
Refugees and asylees are instantly authorized to operate in the USA. You do not require to apply or pay a fee for an EAD.
If you are a refugee, USCIS will immediately process your Form I-765 as quickly as you show up in the USA. Once your application is authorized, they will create your EAD. You will get your EAD card in the mail within 1 month. You can your Form I-94 as evidence you can lawfully work while you await your card.
If you are an asylee, you do not require to obtain work permission. When you are approved asylum, you are instantly licensed to work.
Afghan and Ukrainian parolees
Certain Afghan and Ukrainian parolees do not require to await approval of Form I-765 to work in the USA. Your unexpired Form I-94 can be evidence that you can work for the first 90 days at your task. After that, you will require to show an EAD and unrestricted Social Security card.
USCIS is also providing cost exemptions and faster processing. More details is available on their Afghan Nationals and Uniting for Ukraine pages.
How to look for an EAD
If you are not a refugee or asylee, you will require to make an application for a work authorization with USCIS.
Here is a list of steps to follow:
1. Read the guidelines. The kind is complicated. It is recommended to get legal assistance to prevent mistakes.
2. Gather the needed documents. You will need a copy of a government-issued ID and passport-size photos. There are other required documents according to your category.
3. Complete and sign Form I-765. You can do this online or by printing the form. Make sure to respond to all the questions. If you print the kind, make certain to sign it by hand.
4. Pay the filing charge. You need to pay $470 for online applications or $530 for paper filings. Attach your filing cost invoice to your EAD application. You might not need to pay the charge if you have a certain immigration status or have an approved charge waiver.
5. Make a copy of the form. This is practical if you require to renew your EAD or if it gets lost or taken.
6. Submit your form. You have the choice of submitting by mail or online. If you are sending by mail and desire to receive electronic notifications, include Form G-114.
7. Save your USCIS receipt number. This is how you can track the status.
8. You must await approval before you can start working. You can begin looking for a job while you wait.
If you are notified that you need biometrics services, you will receive a consultation notification with instructions. This will cost an additional $85. Asylum seekers with a pending application do not need to submit this fee. Paying the wrong quantity could cause your application to be turned down.
Wait time for an EAD
The wait time can differ by immigration status and service center. You can inspect basic case processing times online. You can likewise see projected wait times for your case by logging into your myUSCIS account. After USCIS gets your application, they will also send you an invoice number to track the status of your application.
If you are a refugee, you will get your EAD within thirty days of getting here in the USA.
If you have a pending asylum application, the processing time is 1 month. This is in addition to the 150 days you should wait to apply. The time during which an asylum application is pending before getting an EAD is called the "180-day asylum EAD clock."
If you are a health care or child care employee, you can get a faster or expedited process if you have among the following:
- An initial EAD form that has actually been pending for over 90 days. - A pending renewal EAD type with an ended or ending EAD within 30 days or less
EAD expiration
An EAD can now stand for up to 5 years depending upon your immigration status. A brand-new guideline states your EAD will be valid for 5 years if you were:
- Admitted or paroled as a refugee. - Granted asylum.
- Granted withholding of deportation or elimination, adjustment of status, or cancellation of elimination.
- Have a pending application for asylum or withholding of removal, cancellation of elimination, or modification of status
This rule just applies to applications submitted on or after September 27, 2023. It does not apply to EADs provided before this date. Other migration statuses, such as TPS, may have EADs that are valid for different amounts of time. USCIS might also instantly extend EADs by country with TPS.
EAD renewal
If your EAD is ending soon or is ended, you can look for a renewal. You should submit a brand-new Form I-765. You will require to pay the application cost again unless you satisfy specific exceptions or have an authorized fee waiver.
You can submit your application for renewal starting 180 days before the expiration date. It is best to use early so you do not have a gap in employment permission.
Currently, for those in an eligible classification, your EAD will automatically be extended for 540 days if:
- You filed to renew your EAD on or after October 27, 2023, and it was still pending on April 8, 2024. - You file to restore your EAD after April 8, 2024
Starting January 13, 2025, the 540-day automated extension will also apply to new renewal applications along with pending applications since May 4, 2022.
Those eligible for the automated extension include refugees, asylees, pending asylum applicants, TPS holders, pending TPS initial candidates, VAWA petitioners, and others. See the complete list of eligible categories and more info.
The USCIS EAD Extension Calculator can assist you find out the appropriate expiration date.
Social security number
To operate in the United States, you will also require a Social Security Number (SSN). You can make an application for your SSN and EAD card at the very same time with Form I-765. A Social Security number is used to report your wage to the federal government and determine advantages.
Find assistance
It is essential to look for legal recommendations from an immigration legal representative or certified representative if you have any questions or issues. Many companies and legal representatives offer free or low-cost legal services.
Aid with paying the cost
You can look for a charge waiver if you have a particular household size and income. You must file Form I-912 with your EAD application or send a letter requesting a charge waiver together with the required evidence.
Lost or stolen EAD card
You can get a replacement EAD if your card was stolen, lost, or destroyed. You will need to file a brand-new Form I-765 to change an EAD.
Working without authorization
Many people do not have legal immigration status in the United States and for that reason can not get an EAD. They typically work tasks that are "off the books" or earn money with cash. You can discover more details for undocumented employees.
Having a task or providing a service without the proper documents protests U.S. labor and immigration laws. Working part-time, working online, or running your own company without permission might have serious repercussions. Your visa could get canceled or you might be deported.
Learn how to discover free or low-cost help from relied on immigration lawyers and legal representatives.
The details on this page comes from USCIS and other trusted sources. We aim to provide simple to understand information that is upgraded regularly. This details is not legal recommendations.