Employment Authorization Document FAQs
This section covers some general FAQs on Employment Authorization
Document (EAD)
1. I am a foreigner. May I work in the United
States?
2. What is an Employment Authorization Document? How does
it look like?
3. Who can I work for after I obtain my work
permit?
4. I am in the USA on a work visa. Will I still require
an EAD?
5. I am an F-1 Visa holder. May I apply for an Employment
Authorization Document?
6. I am a J-2 Visa holder, Am I eligible to apply for an
EAD?
7. Are M-1 students, K-1 visa holders, and the spouses of
E-1, E-2 or L-1 visa holders eligible to apply for an Employment
Authorization?
8. Can an alien who came into the U.S. under the Family
Unity Program apply for an EAD?
9. An individual filed an I-589 petition for asylum four
months ago. Can he/she apply for an Employment Authorization?
10. I am an H-4 visa holder. May I apply for an
EAD?
11. How can I apply for an EAD?
12. How long should I wait for my EAD approval?
13. What do I do if I do not get my EAD beyond the 3 months?
14: How soon I can get my Interim Employment Authorization?
15. My request for an EAD document is denied? How can I appeal?
16. How can I verify the status of my EAD application?
1. I am a foreigner. May I work in the United States?
According to U.S. Immigration Laws, every employer must check to ensure all
employees (regardless of citizenship or national origin) are permitted to work
in the USA. If you are a non-US citizen or not a green card holder, or if you
have no valid non-immigrant visa, such as L-1 or
H-1B visa, you may need to
apply for an EAD to prove that you can work in the U.S.
2. What is an Employment Authorization Document? How does it look like?
If a non-US citizen possesses an Employment Authorization Document, he/she is
authorized to work in the US without having the employer file a petition for
non-immigrant worker. However, the EAD allows the alien to work in the country
for a limited period of time, normally one year. Some times known as a work
permit, this document looks as a plastic-coated card with the alien's name and
photo, as well as the expiration date.
3. Who can I work for after I obtain my work permit?
Individuals who receive an EAD can work for any employee. This document places
no limitations on whom you can work for or how many hours you can work.
4. I am in the USA on a work visa. Will I still require an EAD?
If you desire to secure work permits in U.S. and work within the regulations
defined by your work visa, you do not require the EAD. If you want to work in
USA on an unconditional basis (e.g. situations like change employers, multiple
jobs, etc), you may apply for the EAD if you meet the criteria.
5. I am an F-1 Visa holder. May I apply for an Employment Authorization
Document?
A student on an F-1 visa can apply for this work permit document in the following
situations:
- Seeking OPT (Optional Practical Training) in an occupation directly
associated with studies.
- An F-1 student offered off-campus job under the sponsorship of a
qualifying international organization.
- Seeking off-campus employment because of severe economic hardship.
- An F-1 holder who filed I-485 may apply for an EAD document.
6. I am a J-2 Visa holder, Am I eligible to apply for an EAD?
A J-2 spouse of an exchange visitor can file an EAD application. The applicant
has to submit a written statement, with supporting document proving that the job
is not essential to support the J-1 holder, but is for another purpose.
7. Are M-1 students, K-1 visa holders, and the spouses of E-1, E-2 or L-1
visa holders eligible to apply for an Employment Authorization?
Yes. M-1 students seeking practical training after completing their studies are
eligible. K-1 non-immigrant fiancées of US citizens or K-2 dependents can file a
petition for EAD within 90 days from the date of admission.
The spouses of E-1, E-2, or L-1 holders may file their EAD application, with
proof of their lawful status and evidence that they are spouses of principal
E-1, E-2, or L-1 holder, with the USCIS Service Center with jurisdiction over
their residence. The proof includes I-94 and marriage certificate.
8. Can an alien who came into the U.S. under the Family Unity Program apply
for an EAD?
An alien under the family unity program can file EAD application with a copy of
the approval letter.
9. An individual filed an I-589 petition for asylum four months ago. Can
he/she apply for an Employment Authorization?
No. An asylum applicant can file EAD application only after waiting 150 days
from the date he/she filed the properly completed I-589 petition.
10. I am an H-4 visa holder. May I apply for an EAD?
You are NOT eligible to file for EAD document until you apply for I-485.
11. How can I apply for an EAD?
You must file the I-765 Form with your local USCIS Service Center or District
Office. You must also submit other supporting documents, photos, and fees. For
more information about filing Form I-765, please
contact us.
USCIS also issues Renewal EAD and Replacement EAD. The individual must apply for
a Renewal EAD six months prior to his original EAD document expires. Replacement
EAD replaces a stolen, lost or mutilated document. This also replaces the card
that was issued with wrong information, like a misspelled name.
12. How long should I wait for my EAD approval?
In general, EAD application processing takes 3 months (90 days). But for an
asylum applicant, it usually takes only a month.
13. What do I do if I do not get my EAD beyond the 3 months?
In this situation, you may request an Interim EAD for securing your work permits
in U.S. You should go to your local USCIS District Office and bring with you
evidence of your identity and any document that USCIS has sent you about your
EAD application.
14: How soon I can get my Interim Employment Authorization?
For national security reasons, in most cases, the USCIS may not issue Interim
EADs instantly after the applicants' request. The USCIS takes some time to check
the background of those applicants before issuing Interim EADs.
15. My request for an EAD document is denied? How can I appeal?
If your application is denied, you will get a mail that will tell you why the
request was refused. You will not be permitted to appeal a negative decision to
a higher authority. But, you can submit a motion to reopen or a motion to
reconsider with the office that made the adverse decision. By filing these
motions, you may request for the office to reconsider their decision.
A motion to reopen must state the new facts which are to be provided in the
reopened proceeding, and must be accompanied by documentary proofs. A motion to
reconsider a denied EAD must establish that the decision was based on an
incorrect application of law or policy, and further establish that the decision
was incorrect based on the proof in the file at the time the decision was made.
16. How can I verify the status of my EAD application?
To know about your application status, please contact the USCIS office which
accepted your I-765 application. You should be equipped to give the USCIS staff
with exact information about your application.
