Complete Guide to I-765 Employment Authorization Documents (EAD)

Foreign nationals must 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 employees and the organization they work for.

To legally obtain or remain in employment in the United States, you can apply for a valid Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS). An EAD is a license that proves your eligibility to apply for and accept a job offer in the U.S.

How to Apply for an EAD Card

1. File the I-765 application for employment authorization

You need to file Form I-765, Application for Employment Authorization, to apply for a work permit.

Before submitting, you will be asked to provide relevant documents as supporting evidence. Your category will determine the documentation you’ll be required to provide.

VisaNation Tip:
To avoid errors, take time to read the instructions on how to fill out the form, found at the bottom of the USCIS landing page. Check your category and ensure you understand the requirements before submitting the form.

2. Provide Proof of Eligibility

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. USCIS provides an official checklist broken down by category. Some of the general documents include:

• A copy of your I-94 Arrival/Departure Record. *This must be front and back
• A copy of a government-issued ID (e.g., passport). If you have been previously issued an EAD, you must submit a copy of your last EAD.
• Two identical passport photographs (2 x 2 inches)
• If an accredited representative or attorney represents you, they must submit a G-28 form. 

VisaNation Tip:
Do not attach original documents with your I-765 unless you are specifically asked to do so by the USCIS.

3. Pay the Filing Fee for Your EAD Application

For your form to be processed by 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

If filing by mail, complete Form G-1450, Authorization for Credit Card Transactions to pay with a credit or debit card or Form G-1650 to pay via a U.S. bank account.

If this is your initial application and you belong to any of the following categories, you are not required to pay the filing fee:

• Refugees, asylees, or paroled refugees
• N-8 or N-9 nonimmigrant
• Citizens of Micronesia, the Marshall Islands, or Palau
• Granted withholding or deportation
• T-1 Nonimmigrant
• U-1 Nonimmigrant
• VAWA self-petitioner
• Dependent on certain foreign governments, international organizations, or NATO personnel

Other applicants not listed above may also be eligible to request a fee waiver, especially those experiencing financial hardship.

If you would like a VisaNation Attorney represent you on your EAD filing, please reach out to our experienced team.

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4. Submit Your EAD Application

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 USCIS 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:

• You can save your draft application and finish it at your own pace
• You can easily and securely pay your filing fee
• Receive immediate confirmation that we have received your form instead of waiting for the mail.

Before submitting, ensure you make and keep a copy of each of the documents and checks, as you may need them later.

Processing Time for Employment Authorization Documents

Applications for employment authorization usually take up to 90 days before a decision is made by USCIS.

USCIS will send a message to inform you that your application has been received. You will also get a notice of the date and time for your biometric screening appointment at your local USCIS Application Support Center (ASC).

After the whole process, USCIS will send you a notice informing 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.

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.

How Long Is an Employment Authorization Document (EAD) Valid?

The EAD validity period depends on each applicant’s eligibility category. Generally, an EAD is issued with a one-year validity period, and, depending on your status, you may be allowed to renew it 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.

What to Do If Your EAD Card Contains Incorrect Information

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.

How to Correct USCIS-related errors on Your EAD Card

• A letter explaining the error
• Supporting documents to prove that the incorrect information was due to a USCIS error
• Include the EAD card that contains the error

What to Do If the Information on Your EAD Card Is Incorrect (Non-USCIS Error)

• Submit to USCIS the following:
  • A new Form I-765 (check filing category 1.b. Replacement of a lost, stolen, or damaged EAD, or correction of your EAD not due to USCIS error)
  • Pay Applicable fees
  • The EAD containing the incorrect information
  • A statement explaining the change requested
  • Supporting documentation of the change (if required)

Non-Delivery of Employment Authorization Card

Usually, after the approval of your EAD application, 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 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.

What to Do if Your Employment Authorization Application Is Delayed

You can submit an expedite request for an EAD in certain circumstances as outlined by USCIS, such as:

• Severe financial loss to a company or person
• Emergencies or urgent humanitarian situations
• Nonprofit organization whose request is to further the cultural or social interests of the United States
• Government interests
• Clear USCIS error.

It is, 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.

How to Handle Employment Authorization Document Denials

If your application for an EAD is denied, you will receive a letter explaining the reason for the denial.

You have various legal options, including filing a motion to reopen or to reconsider.

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 USCIS’s 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.

Navigating the EAD Application Process with Confidence

Applying for an Employment Authorization Document (EAD) is a critical step for foreign nationals seeking to work in the U.S.

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.

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.

Frequently Asked Questions