The Employment Authorization Document (EAD), officially Form I-766, is a crucial document issued by U.S. Citizenship and Immigration Services (USCIS) that grants temporary work authorization to certain noncitizens within the United States. This comprehensive guide will delve into the intricacies of the EAD, including its purpose, eligibility categories, the application process, validity, replacement procedures, and important considerations for both applicants and employers, drawing upon information from the USCIS website and related resources.

Understanding the Purpose of the Employment Authorization Document

The primary purpose of the EAD is to provide eligible noncitizens with the legal permission to work in the United States for a specific period. It serves as proof of employment authorization for employers and allows individuals to support themselves and their families while in the U.S. under certain immigration statuses or while awaiting the processing of specific immigration applications.

Who Needs an Employment Authorization Document?

Not all noncitizens in the United States require an EAD to work. Certain immigration statuses inherently grant employment authorization, such as lawful permanent residents (Green Card holders), asylees, and refugees. However, many other nonimmigrant categories and those with pending immigration applications must obtain an EAD to be legally employed.

Common Eligibility Categories

USCIS has established numerous eligibility categories for obtaining an EAD. Some of the most common include:

• (a)(3): Refugee: Individuals who have been granted refugee status in the United States.
• (a)(5): Asylee: Individuals who have been granted asylum in the United States.
• (a)(7): Dependent of an A, G, or E Nonimmigrant with Diplomatic Status: Certain dependents of diplomats, international organization employees, and treaty traders/investors. Specific eligibility rules apply based on the principal nonimmigrant’s status and the existence of a reciprocal employment agreement. (Refer to the “Employment Authorization for Dependents of A, G, and E Nonimmigrants” page for detailed information on these specific requirements and any applicable reciprocity agreements).
• (a)(8): Citizen of Micronesia, Marshall Islands, or Palau: Individuals admitted under the Compacts of Free Association.
• (a)(10): Applicant for Suspension of Deportation or Cancellation of Removal: Individuals with pending applications for these forms of relief.
• (a)(12): Beneficiary of Temporary Protected Status (TPS): Nationals of designated countries who have been granted TPS. (Refer to the “Temporary Protected Status” page for information on designated countries and eligibility).
• (c)(3): Student Seeking Off-Campus Employment Due to Unforeseen Economic Necessity: F-1 students who meet specific criteria demonstrating an urgent need for employment due to circumstances beyond their control. This requires authorization from the Designated School Official (DSO) and USCIS approval. (Refer to the “Students and Employment” page for detailed regulations on F-1 student employment).
• (c)(5): Spouse or Unmarried Dependent Child of an F-1 Student: Under specific circumstances, the spouse or unmarried dependent child of an F-1 student may be eligible for employment authorization.
• (c)(6): Spouse or Unmarried Dependent Child of an E-1, E-2, or L-1 Nonimmigrant: Spouses and unmarried dependent children of treaty traders/investors (E-1/E-2) and intracompany transferees (L-1) may be eligible for employment authorization. (Refer to the “E Visas for Treaty Traders and Treaty Investors” and “L-1A and L-1B Visa for Intracompany Transferees” pages for more information on these nonimmigrant categories).
• (c)(8): Applicant for Adjustment of Status Under Section 245 of the INA: Individuals who have filed Form I-485, Application to Register Permanent Residence or Adjust Status, and have a pending application for 180 days or more may be eligible for an EAD.
• (c)(9): Applicant for Adjustment of Status Based on Family-Based Petition: Certain individuals with pending family-based immigrant visa petitions who are eligible to adjust status.
• (c)(10): Applicant for Suspension of Deportation: Individuals with pending applications for this form of relief.
• (c)(14): Individual in Deferred Action Status: Individuals who have been granted deferred action by USCIS.
• (c)(16): Applicant for Creation of Record (Registry): Individuals applying for lawful permanent resident status under the Registry provision.
• (c)(17)(i): Student in a STEM Optional Practical Training (OPT) Extension: F-1 students with STEM degrees who have received a 24-month extension of their post-completion OPT. (Refer to the “Optional Practical Training (OPT) for F-1 Students” page for details on OPT and STEM extensions).
• (c)(18): Spouse of an E-1, E-2, or L-1 Nonimmigrant in E or L-2 Derivative Status: Spouses in E-2 or L-2 dependent status are generally granted employment authorization incident to their status.
• (c)(19): Applicant for Temporary Protected Status (TPS): Individuals who have a pending initial application for TPS or have re-registered for TPS during a designated registration period.
• (c)(20): Applicant for Withholding of Deportation or Withholding of Removal: Individuals with pending applications for these forms of relief.
• (c)(22): Parolee: Individuals who have been paroled into the United States for urgent humanitarian reasons or significant public benefit.
• (c)(26): H-4 Dependent Spouse of Certain H-1B Nonimmigrants: Certain spouses of H-1B nonimmigrants who are in H-4 status may be eligible for an EAD if the H-1B spouse has an approved I-140 immigrant petition or has been granted H-1B status beyond the standard six-year limit under AC21. (Refer to the “Employment Authorization for Certain H-4 Dependent Spouses” page for specific eligibility criteria).
• (c)(31): VAWA Self-Petitioner: Certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents who have a pending or approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.

Applying for an Employment Authorization Document (Form I-765)

To request an EAD, eligible individuals must file Form I-765, Application for Employment Authorization, with USCIS. The filing process generally involves:

1. Determining Eligibility: Carefully review the eligibility categories and ensure you meet the specific requirements for the category under which you are applying.
2. Completing Form I-765: Accurately and completely fill out all sections of Form I-765. Detailed instructions are available on the USCIS website. Pay close attention to the specific “Eligibility Category” you are claiming in Part 2 of the form.
3. Gathering Supporting Documentation: The required supporting documents vary depending on your eligibility category. Common documents include:
   • A copy of your government-issued identity document (e.g., passport, driver’s license).
   • Copies of immigration documents showing your current status in the U.S. (e.g., Form I-94, visa stamp, Form I-797 approval notice).
   • Evidence establishing your eligibility under the specific category you are applying under (e.g., proof of pending asylum application, evidence of F-1 student status and DSO endorsement).
   • Two identical passport-style photographs.
   • A copy of any previous EADs (if applicable).
4. Paying the Filing Fee: A fee is typically required to file Form I-765. You can check the current fee schedule on the USCIS website. Fee waivers may be available in certain circumstances based on financial hardship. You can submit a Form I-912, Request for Fee Waiver, along with your I-765 application if you believe you are eligible.
5. Submitting Your Application: You can file Form I-765 either online or by mail, depending on your eligibility category and the USCIS filing instructions. Online filing is generally recommended for faster processing and easier tracking. If filing by mail, ensure you send your application to the correct USCIS lockbox facility as specified in the form instructions.
6. Biometrics Appointment (if required): USCIS may require you to attend a biometrics appointment at an Application Support Center (ASC) to provide your fingerprints, photograph, and signature. You will receive a notice in the mail if a biometrics appointment is required. Failure to attend can delay or negatively impact your application.

Understanding Your Employment Authorization Document

Once approved, you will receive your EAD (Form I-766) in the mail. It is crucial to carefully review the EAD for any errors in your name, date of birth, or other biographical information. If you find any mistakes, you should promptly contact USCIS to request a corrected card.

Key Information on EAD Card

• Name and Date of Birth: Your identifying information.
• USCIS# (A-Number): Your Alien Registration Number, if assigned.
• Category Code: This code indicates the specific eligibility category under which your EAD was issued. Employers use this code to determine the basis of your work authorization.
• Card Expires: The date your employment authorization expires. You must apply for a renewal EAD before this date if you remain eligible and require continued work authorization.
• Terms and Conditions: Some EADs may have specific terms or conditions related to your employment authorization.

Validity Period of the EAD

The validity period of an EAD varies depending on the eligibility category. Some EADs may be valid for one year, while others may be valid for a longer or shorter period, often tied to the duration of the underlying immigration status or the processing timeframe of the related application.

Applying for Renewal

If your EAD is expiring and you remain eligible for employment authorization, you must file for a renewal EAD by submitting a new Form I-765. It is recommended to file your renewal application well in advance of your current EAD’s expiration date (typically 180 days prior, if eligible based on your category) to avoid any gaps in your work authorization. Certain categories may be eligible for automatic extensions of their EADs under specific circumstances, as announced by USCIS. It is important to stay informed about any such automatic extensions.

Replacing a Lost, Stolen, or Damaged EAD

If your EAD is lost, stolen, or damaged, you will need to file Form I-765 again to request a replacement. You will generally need to pay the filing fee unless you are eligible for a fee waiver. Include a copy of your lost, stolen, or damaged EAD (if available) and any supporting documentation, such as a police report if the card was stolen.

Employers and the Employment Authorization Document

Employers in the United States are required to verify the employment eligibility of all new hires through the Form I-9 process. The EAD (Form I-766) is a List A document that employees can present to demonstrate both identity and employment authorization. Employers must carefully examine the EAD to ensure it appears genuine, belongs to the employee, and has not expired. Employers can also utilize E-Verify, an online system that allows employers to electronically verify the employment eligibility of their employees against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS).

Conclusion

The Employment Authorization Document (EAD) is a vital tool for many noncitizens seeking to work legally in the United States. Understanding the eligibility categories, the application process, the details of the EAD card, and the renewal and replacement procedures is crucial for both applicants and employers. By carefully navigating the requirements and staying informed about USCIS policies and procedures, individuals can secure and maintain their work authorization, contributing to the U.S. economy while pursuing their immigration goals. Our Experts at “L for Law” are always there to guide you through the most up-to-date information, forms, and instructions related to the Employment Authorization Document.