An Employment Authorization Document (EAD), typically referred to as a “work permit,” is an official card issued by the USCIS (United States Citizenship and Immigration Services) that allows non-citizens to legally work in the United States. This document is particularly important for individuals who are not lawful permanent residents or U.S. citizens but have a valid immigration status that permits them to work. The EAD serves as proof of work authorization for a specific period and is often required when applying for jobs or verifying eligibility to work under U.S. law. It is essential for individuals in categories such as asylum applicants, adjustment of status applicants, and certain visa holders seeking temporary work authorization.
Details About the EAD
An Employment Authorization Document (EAD) is a plastic card that looks very much like a driver’s license or a permanent resident card. It is issued by U.S. Citizenship and Immigration Services to individuals who are authorized to work in the United States.
Here are the key features of an EAD:
- Size: The card is about the same size as a credit card (about 3.375 inches by 2.125 inches).
- Photograph: A passport-style photo of the cardholder.
- Personal Information: This includes the individual’s name, date of birth, and alien registration number (A-number).
- EAD Number: A unique number for the work permit.
- Expiration Date: The card will show how long it’s valid, showing the start and end date of the work authorization.
- Signature: The cardholder’s signature will be included.
The back of the EAD card may include more details, such as the card’s security features, including a hologram or other security markings to prevent fraud. It is important to keep the EAD safe and secure, as it is a critical document for employment in the United States and is often used in legal and tax matters.
Who Needs an Employment Authorization Document (EAD)?
An Employment Authorization Document (EAD), or work permit, is a critical requirement for many non-citizens who wish to work legally in the United States. While some visa holders and permanent residents automatically have employment authorization, others need to apply for an EAD to gain the legal right to work. This document can be used as proof of eligibility and can complement other forms of identification when starting a job. Understanding who needs an EAD is essential for compliance with U.S. labor and immigration laws.
- Adjustment of Status Applicants: Individuals who have filed Form I-485 to become green card holders can apply for an EAD to work while awaiting residency approval.
- Asylum Seekers and Refugees: If their case has been pending for at least 150 days, asylum applicants can apply for an EAD. Refugees are usually eligible for an EAD upon arrival in the country.
- Spouses of U.S. Citizens: If they entered the United States on a K-3 nonimmigrant visa, these individuals can apply for work authorization.
- Fiancé(e)s of U.S. Citizens: These individuals can apply for work authorization within 90 days of arriving in the United States on a fiancé (K-1) visa.
Exceptions for Foreign Students
Typically, foreign students studying in the United States aren’t eligible to work in the country. However, some may apply for an Employment Authorization Document if the following circumstances apply.
- Optional Practical Training (OPT): Students with F-1 status can obtain temporary work authorization once their educational program ends.
- Economic Hardship: Sometimes USCIS will grant an EAD to students who have completed at least one year of studies in the U.S. and are facing economic hardship that is out of their control.
- Internships: Students who have been offered an internship at a qualified organization can apply for an EAD.
An Employment Authorization Document (EAD) plays a vital role for many non-citizens in the United States. It grants them the legal ability to work while they navigate their immigration journey. If you are uncertain if you are eligible or have a unique immigration situation, it’s best to work with an experienced immigration professional.
How to Apply for an Employment Authorization Document
Applying for an Employment Authorization Document (EAD) is the first step for non-citizens of the United States who need to obtain legal permission to work. Obtaining this work permit is necessary for individuals in the country on a visa category that doesn’t explicitly allow them to find employment. The process is similar for all visa categories, although some may have some unique nuances. Generally, this is how the process unfolds.
Fill out Form I-765
Go to the USCIS website and download Form I-765 after you’ve determined that you are eligible to work in the United States. Double-check all your answers and information to ensure accuracy. Incomplete or incorrect applications will be rejected.
Gather Required Documents
Along with Form I-765, you’ll have to include some supporting documents. Here’s what you’ll need to make copies of:
- Copies of the front and back of your I-94 travel record
- A copy of the visa in your passport
- A copy of your passport photo page
- Copies, front and back, of any previous work permits
- Two passport-style photos (2 inches by 2 inches) of yourself that are recent and write your Alien Registration Number on the back
- A copy of your official acknowledgment letter from USCIS that your green card application is pending
Mail Application and Pay the Filing Fee
Mail the completed Form I-765, your supporting documents, and the processing fee to the correct USCIS address based on your location. The current filing for Form I-765 is $520.
Wait for USCIS Decision
EAD processing times can vary depending on the office you’ve sent everything to and their current caseload. The average wait time for a decision from USCIS is typically about three months.
The Consequences of Working Without an EAD Work Permit
Not all immigrants in the U.S. are legally allowed to work. If someone takes a job without getting an Employment Authorization Document (EAD) or another valid work permit, it can create serious issues with their immigration status. Working without authorization breaks immigration laws and could jeopardize their ability to stay in the country.
- Negative Impact on Immigration Status: Any non-citizen caught working illegally could potentially have their visa revoked.
- Deportation: Working without the proper visa or EAD is grounds for removal from the country.
- Denial of Immigration Applications: Unauthorized employment could result in the denial of future visa or green card applications.
It’s important to point out that even working for just a few hours for pay could cause serious immigration problems in the future. Until you’ve been approved to work in the country, either by being granted an EDA or through your visa, it’s advisable to wait before beginning any kind of employment opportunities.
It’s of the utmost importance for non-citizens to seek legal work authorization before accepting any job, no matter how insignificant it may seem. Failure to do so can result in a permanent barring from ever reentering the United States.
What Happens After You Receive Your Employment Authorization Document?
Once a non-citizen receives their Employment Authorization Document (EAD), they are legally permitted to work in the United States for the validity period stated on the card. Here are the steps they should take next:
- Present the EAD to Employers
- The non-citizen should provide their EAD to their employer as part of the employment verification process.
- Employers will use the EAD to complete Form I-9, which verifies work eligibility and identity.
- Apply for a Social Security Number (SSN)
- If the individual doesn’t already have an SSN, they can apply for one using the EAD. This is essential for payroll and tax purposes.
- Some applicants may request an SSN while filing for the EAD by completing additional sections on Form I-765.
- Begin Employment
- With their EAD, the non-citizen can start working for any employer, provided no job restrictions are tied to their specific immigration status.
- Keep Track of the Expiration Date
- EADs are valid for a limited period, and the non-citizen should be aware of the expiration date.
- If continued work authorization is needed, they must file for a renewal at least 180 days before the EAD expires.
Understanding Employment Authorization and the Employment Authorization Document
Non-citizens who don’t yet have the benefit of working legally in the United States will first have to apply for an EAD. Working without the proper authorization can lead to several immigration violations, and if caught, can face some severe consequences. Working with an experienced immigration attorney can help ease the minds of immigrants who want to begin working in the country. If you’re one of them, don’t hesitate to ask for help.
