Employment authorization (EAD)

What an EAD is, and who needs one

An Employment Authorization Document (EAD), sometimes just called a work permit, is the card that proves a non-citizen is allowed to work in the United States. It is requested using the Application for Employment Authorization (Form I-765). An EAD is not the same as a green card or a visa. It gives permission to work for a set period while an underlying case is pending or a particular status is held.

An important point is often misunderstood: not everyone can get a work permit. A person has to fall within one of the eligibility categories set by regulation. Filing without a valid category leads to a denial and a lost fee.

Common eligibility categories

Federal regulations list the categories of people who may apply (8 C.F.R. section 274a.12). Some of the most common include:

• Applicants with a pending asylum application, after the required waiting period.
• Applicants with a pending adjustment of status (green card) case.
• Holders of Temporary Protected Status or pending TPS.
• Certain nonimmigrant spouses whose category permits work.
• Recipients of Deferred Action for Childhood Arrivals (DACA).

Each category has its own rules about when a person becomes eligible and what evidence is required. The firm confirms the correct category before filing so the application is not rejected on a technicality.

Applying and renewing

Because a work permit is only valid for a limited time, renewals matter. Filing a renewal well before the current card expires helps avoid a gap in the ability to work. For certain categories, filing a timely renewal provides an automatic extension of work authorization for a period while the renewal is pending, which can prevent a lapse. The rules on which categories qualify for an automatic extension change from time to time, so it is worth confirming the current rule when you renew.

Fees, fee waivers, and replacing a card

Many EAD applications require a filing fee, though certain categories are fee-exempt, and applicants who cannot afford the fee may request a fee waiver (Form I-912) by documenting their financial situation. Some applicants are also scheduled for a biometrics appointment. If a card is lost, stolen, or arrives with an error, a replacement can be requested. Where the mistake was made by the government, it can usually be corrected without paying again, while other corrections may require a new application. Getting these details right the first time avoids delays that can interrupt your ability to work.

Common problems, and how to avoid them

The mistakes that most often derail an EAD application are filing under the wrong category, missing required evidence, and waiting too long to renew. Another is assuming a work permit gives more than it does. An EAD lets you work, but on its own it does not grant lawful status or a path to a green card. Those come from the underlying case, such as a pending asylum claim, adjustment application, or family petition. The firm keeps the work permit aligned with the case it depends on.

How work authorization fits your larger case

For most clients, the EAD is one piece of a bigger strategy. Someone defending against removal, waiting on a family petition, or pursuing asylum wants both the protection of the main case and the stability of being able to work while it is decided. The firm looks at the whole picture, files the work authorization at the right time, and keeps it renewed for as long as the underlying case supports it.

Questions about employment authorization