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Foreign nationals are required to have authorization to work in the U.S if the visa they are on does not provide a work permit, such as TPS, DACA, asylum, or adjustment of status (I-485). Working without a work permit is a violation of labor law, which may result in punitive action for such employees and the organization they work for.
To legally obtain or remain in employment in the United States, you will need to apply for and obtain a valid Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS). An EAD card is a license that proves your eligibility to apply for and accept a job offer in the U.S.
You will need to file an I-765 to apply for a work permit. The form is available on the USCIS website and has different sections containing several questions, most of which are self-explanatory. You will need to fill out the sections of the form that apply to your case.
Before submitting, you will be asked to provide relevant documents as supporting evidence. Your category status will determine the types of materials you’ll be required to provide. To avoid errors, try to first go through the instructions on how to fill out the form, which is also available on the website for free. Check the category status and be sure you understand the requirements before filling out the form.
Keep in mind, certain nonimmigrant visas do not require an EAD, as work authorization is included with the visa, such as an H-1B, L-1B, O, or P.
Every EAD applicant must prove that they are qualified to work in the U.S. You must submit your I-765 with copies of documents that prove you’re an eligible applicant. Some of the general documents that must be submitted include:
Apart from the above documents, the USCIS may also ask you for other items depending on your case. This EAD application checklist gives a breakdown of what is required for each applicant. Do not attach original documents with your I-765 unless you are specifically asked to do so by the USCIS.
Learn the similarities and differences between an EAD card vs Green Card.
If you would like a VisaNation Attorney represent you on your EAD filing, please reach out to our experienced team. Schedule a Consultation
If you would like a VisaNation Attorney represent you on your EAD filing, please reach out to our experienced team.
Schedule a Consultation
For your form to be processed by the USCIS, you must attach the required fee. Currently, the Employment Authorization filing fee is:
$470 for online filing
$520 for paper filing
$260 if filed with a pending I-485
This fee can be paid using a money order, cashier’s check, personal check, or credit card. You are not allowed to pay with cash. If this is your initial application and you belong to any of the following categories, you are not required to pay the filing fee:
Other applicants not listed above may also be eligible to request a fee waiver, especially those experiencing financial hardship.
Before submitting the form, double-check the requirements to ensure the form is free of errors and all the required documents are uploaded or attached. You must check the website for the right address to submit your form if applying via mail. The best way to ensure the form has been completed accurately is to have an experienced immigration attorney review it.
Each category has a designated address if you are submitting by mail. You also have the option of submitting online with e-filing, which is better according to USCIS due to the following:
Before submitting, ensure you make and keep a copy of each of the documents and checks, as you may need them later.
Applications for employment authorization usually take up to 90 days before a decision is made by the USCIS.
If filing using a dropbox, you must fill out a G-1145 E-Notification of Application/Petition Acceptance and attach it to the first page of your I-765 if you want to receive updates on the processing status.
The USCIS will send you a message to let you know that your application has been received. You will also get a notice of the date and time for your biometric screening, which is going to be at your local USCIS Application Support Center (ASC).
After the whole process, the USCIS will send you a notice telling you that your work permit application has been approved or denied. If your application is denied, you will be told the reasons for the denial. You can avoid a delay or denial by ensuring everything is in place with the initial form.
Also, don’t forget to sign the form. The USCIS officials will not process any application without an applicant’s signature. If your application is approved, your employment authorization card (a plastic-laminated ID) will be sent to you via mail.
The EAD validity period depends on each applicant’s eligibility category. This is because the USCIS is not going to issue you a work permit with a validity period longer than your visa stay. Generally, an EAD is issued with a one-year validity period, and, depending on your status, you may be allowed to renew it for a certain number of times as permitted by your visa type.
To continue working legally in the U.S., you must file a renewal of your EAD within 180 days of the expiration of the current one.
Will the USCIS Know About Unauthorized Employment? Check out our guide to learn more.
Sometimes, employment authorization is issued with incorrect information on the card. This error may be from the applicant or the USCIS officials. If you notice any incorrect information on your card, you can file to have it corrected.
Usually, after the approval of your EAD application, the USCIS will generate and mail your card to you. However, there are times when applicants don’t receive their cards even after the case status online indicates that their cards have been mailed to them.
If non-delivery of the card occurs, you will need to create an inquiry with the USCIS. You can do this by providing the United States Postal Service tracking number of the mail received and other necessary information on your application, such as the receipt number, A-Number, and the date you filed your EAD.
You can submit an expedited request for an EAD if your EAD is delayed. USCIS has also allowed certain EAD applicants to receive an automatic extension of their work authorization for up to 540 days, to help prevent eligible renewal EAD applicants from going out of status due to the lengthy processing time.
Automatic extension categories include:
It is, therefore, an applicant’s responsibility to file for renewal as early as possible to avoid delay. Working without a valid EAD is termed unauthorized employment, which is illegal.
If your application for your EAD is denied, you will receive a letter to that effect as well as the reason for the denial. You will have the option of filing a motion to reopen or to reconsider the proceeding. A motion to reopen the case must be based on documentary evidence of new facts, while a motion to reconsider must be based on an incorrect application of law or policy in the USCIS’s earlier decision.
For any of these options, you must have enough evidence to support your claim. You may also file combined motions to reopen and reconsider. You must, however, know that it is still within the right of the Administrative Appeals Office to uphold or reverse the earlier decision. This is why it is crucial to carefully avoid any error that may lead to denial when applying for your EAD.
Applying for an Employment Authorization Document (EAD) is a critical step for foreign nationals seeking to work in the U.S. By following the I-765 application process, submitting the required supporting documents, and paying the filing fee, you can ensure your application is complete and ready for review. Understanding the processing times, potential delays, and how to address common issues such as errors or non-delivery of your EAD card will help make the experience more efficient.
The EAD card is a key document in your employment journey in the U.S, and with the right preparation and support, you can successfully navigate the application process and confidently begin your career.
If you encounter difficulties or delays or if your EAD application is denied, seeking professional help can make a significant difference. VisaNation Law Group offers expert guidance and can help streamline your application process, ensuring you meet all the requirements and avoid costly mistakes.
Without a work permit, getting or remaining in employment in the U.S. is legally impossible for nonimmigrants. This may translate to a looming economic hardship for you and your dependents. A promptly and thoroughly filed I-765, with the help of a professional, will help you to avoid delay or denial in your application.
VisaNation Law Group has a team of immigration lawyers who are highly experienced in EAD processing. They have helped many of our clients file for and acquire their work permits without delay. For any issue concerning your EAD or any other immigration matter, you can book a consultation with one of our lawyers today by simply filling out this free contact form.
The processing time for an I-765 application typically takes 2 to 5 months, depending on factors like service center backlogs, incompleteness, biometric delays, and even background checks. Applicants can check their case status online through USCIS.
When the I-765 (EAD) application is approved, applicants will be able to start working using their Employment Authorization Document (EAD) card. The EAD is typically valid for one year and can be renewed if eligible.
Applicants with a pending I-485 (Adjustment of Status):
Applicants filing the I-765 as a standalone petition:
After marriage to a U.S. citizen, it will take roughly 2 to 5 months for a work permit to get approved once you file the I-485 petition.
An EAD is an extension that you request when it is about to expire. Some categories are eligible for automatic extension. EAD replacement occurs when you lose your card or it is damaged, or destroyed. Unfortunately, you will need to file a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved. If you did not receive an EAD that USCIS mailed, you can submit an inquiry to USCIS for non-delivery of a card.
