In the United States, a work permit, commonly known as an Employment Authorization Document (EAD), provides evidence that certain noncitizens are authorized to work in the country for a specific period of time. Obtaining an EAD can be an important step for people whose immigration status or circumstances make them eligible for employment authorization.
In this article, we explain what an EAD is, who may qualify, how to apply, and what to know about renewals and replacements.
What Is a Work Permit in the United States?
An Employment Authorization Document is issued by U.S. Citizenship and Immigration Services (USCIS). It generally comes in the form of a card that demonstrates that its holder is authorized to work in the United States during the period shown on the document.
Not every noncitizen needs an EAD to work legally. For example, lawful permanent residents can generally use their Green Cards as evidence of employment authorization, while certain nonimmigrant classifications authorize employment based on the person’s immigration status and circumstances.
An EAD also does not independently provide immigration status. Eligibility for employment authorization must be based on a qualifying immigration category or circumstance.
Difference Between a Work Permit and a Work Visa
A work permit and a work visa are not the same thing.
Certain employment-based nonimmigrant classifications authorize an individual to work for a specific employer or under specific conditions. Depending on the classification, an employer may first need to file a petition with USCIS before the individual can obtain the appropriate visa or employment status.
An EAD, on the other hand, is evidence of employment authorization available to individuals who qualify under designated eligibility categories. Many EAD holders are not restricted to a single employer, although the applicable rules depend on the person’s immigration category.
Who Can Obtain a Work Permit?
USCIS recognizes numerous categories of individuals who may be eligible to apply for employment authorization. Examples may include:
- Certain applicants with pending applications for adjustment of status.
- Certain asylum applicants and individuals granted asylum.
- Certain refugees.
- Certain beneficiaries of Temporary Protected Status (TPS).
- Certain individuals granted Deferred Enforced Departure (DED).
- Certain DACA recipients.
- Certain spouses of nonimmigrant visa holders.
- Certain students and exchange visitors under qualifying circumstances.
- Certain K nonimmigrants.
- Individuals eligible under other categories specifically recognized by U.S. immigration law.
Eligibility rules vary considerably. Some people are authorized to work because of their immigration status, while others must obtain an EAD before beginning employment.
Requirements for Obtaining a Work Permit
The requirements depend on the eligibility category under which a person applies. In many cases, an applicant seeking an EAD must:
- Determine the correct employment authorization eligibility category.
- Complete and submit Form I-765, Application for Employment Authorization.
- Provide documentation establishing identity and eligibility.
- Submit photographs or other supporting documentation when required.
- Pay the applicable filing fee, unless an exemption or fee waiver applies.
One of the most important parts of preparing Form I-765 is selecting the correct eligibility category. Filing under the wrong category or failing to provide the required supporting evidence can delay the application or result in a denial.
Applicants should consult current USCIS instructions because filing fees, forms, required evidence, filing locations, and procedures can change.
How to Apply for an Employment Authorization Document
The general application process involves determining eligibility, completing Form I-765, gathering the required supporting documentation, and submitting the application to USCIS.
Depending on the applicant’s eligibility category, Form I-765 may be filed online or by mail.
After USCIS accepts the application, the applicant generally receives a receipt notice containing a receipt number that can be used to track the case. USCIS may request additional evidence or schedule biometrics when required.
Processing times vary depending on the eligibility category, USCIS workload, and other circumstances.
Renewing or Replacing a Work Permit
If an EAD is approaching its expiration date, an eligible individual may need to submit a new Form I-765 to request renewal.
Certain renewal applicants may qualify for an automatic extension of employment authorization and/or their EAD when they timely file Form I-765 and satisfy the applicable USCIS requirements. Because automatic-extension rules depend on the eligibility category and current regulations, applicants should verify that they qualify rather than assume their employment authorization has been extended.
If an EAD has been lost, stolen, damaged, or contains incorrect information, Form I-765 may also be used to request a replacement or corrected card, depending on the circumstances.
Does a Work Permit Provide Legal Immigration Status?
An EAD should not be confused with lawful immigration status, permanent residence, or a visa.
A person may have employment authorization because of a pending immigration application or another qualifying circumstance without independently acquiring lawful immigration status through the EAD itself.
Similarly, expiration or termination of the underlying immigration basis for employment authorization can affect a person’s ability to continue working legally.
Understanding the immigration category supporting the EAD is therefore just as important as maintaining the employment authorization document itself.
Conclusion
Obtaining an Employment Authorization Document can allow eligible noncitizens to work legally in the United States, but eligibility depends on the individual’s particular immigration circumstances.
Before filing Form I-765, applicants should determine the correct eligibility category, review the latest USCIS requirements, and provide the necessary supporting documentation. Because immigration rules, filing fees, and procedures can change, relying on current information is essential.
If you found this guide helpful, consider sharing it with someone who may benefit from learning more about employment authorization in the United States.
If you have questions about your eligibility for a work permit or need assistance preparing Form I-765, contact Albizu Law at 512-861-5638 to schedule a consultation. Our immigration team can review your circumstances and help you understand the options available to you.
