Employment authorization document
The Employment Authorization Document (EAD), designated as Form I-766, is a plastic card issued by the United States Citizenship and Immigration Services (USCIS) that authorizes certain non-citizens to accept employment in the United States for a designated period, serving as official proof of work eligibility under federal immigration law.[1] It is required for individuals whose visa status or pending applications—such as those seeking adjustment of status to lawful permanent resident, granted asylum, or temporary protected status—do not automatically confer work rights, distinguishing it from automatic authorizations for categories like H-1B visa holders.[2] Applications for an EAD are submitted via Form I-765, with eligibility confined to over two dozen specific regulatory categories, and approvals typically valid for one to two years, necessitating renewals to maintain uninterrupted work authorization.[3] The document includes the bearer's biographic details, photograph, and category code, and in some instances functions dually as an Advance Parole travel document, enabling re-entry without jeopardizing pending applications.[1] While essential for legal workforce participation among non-citizens, EAD processing delays have periodically strained applicants' financial stability, though USCIS has implemented automatic extensions for renewals filed timely to mitigate such disruptions.[2]Overview
Definition and Purpose
The Employment Authorization Document (EAD), designated as Form I-766, is a card issued by the United States Citizenship and Immigration Services (USCIS) to eligible noncitizens, evidencing their authorization to accept employment in the United States for a designated period.[2] This document does not confer immigration status or a path to permanent residency but specifically permits the holder to engage in lawful work activities.[3] USCIS issues EADs to individuals in various temporary immigration categories who lack automatic work authorization, such as certain asylum applicants, adjustment of status applicants, or those granted temporary protected status.[4] The primary purpose of the EAD is to facilitate compliance with U.S. employment verification requirements under the Immigration Reform and Control Act of 1986, which mandates that employers verify the identity and employment eligibility of all workers using Form I-9.[5] By presenting a valid EAD, noncitizens can demonstrate their legal right to work, reducing the risk of unauthorized employment and associated penalties for both employees and employers.[6] In some cases, the EAD combines employment authorization with advance parole functionality, allowing travel abroad without abandoning pending applications, as noted on certain combo cards issued since at least 2018.[7] This dual purpose underscores its role in supporting temporary immigrants' integration into the U.S. labor market while maintaining immigration controls.Legal Framework
The legal framework for the Employment Authorization Document (EAD) is rooted in section 274A of the Immigration and Nationality Act (INA) of 1952, as amended, codified at 8 U.S.C. § 1324a, which imposes civil and criminal penalties on employers for knowingly hiring or continuing to employ unauthorized aliens while defining "unauthorized alien" as one not authorized to work by the INA or U.S. regulations. This provision establishes the baseline requirement for employment verification via Form I-9 and delineates categories of aliens whose employment is authorized either incidentally to their immigration status (e.g., lawful permanent residents under INA § 237(a)(1)(A)) or through discretionary approval, such as for certain parolees or adjustment applicants. The INA delegates authority to the executive branch, specifically the Department of Homeland Security (DHS), to regulate employment authorization, ensuring it aligns with broader immigration enforcement goals like preventing unlawful employment that could incentivize illegal entry or overstay. Implementing regulations appear in 8 CFR part 274a, promulgated by DHS under its INA authority, which detail verification procedures, eligible classes of aliens, and application processes.[8] Section 274a.12 enumerates specific categories eligible for employment authorization, including refugees (under INA § 207), asylees (INA § 208), and those with pending adjustment of status (INA § 245), often limited to increments not exceeding authorized status periods or five years.[9] Section 274a.13 requires aliens seeking non-incident authorization to file Form I-765 with U.S. Citizenship and Immigration Services (USCIS), DHS's adjudicating component, providing for issuance of the EAD (Form I-766) as evidence of approval.[10] These regulations emphasize case-by-case discretion for categories not inherently authorized, such as deferred action recipients under 8 CFR 274a.12(c)(14), to balance humanitarian relief with labor market protections.[9] The EAD's role as a List A document under Form I-9 verification stems from 8 CFR 274a.2, integrating it into the employment eligibility confirmation system to mitigate fraud risks through periodic redesigns and security features.[11] Judicial interpretations, such as in Arizona v. United States (2012), affirm federal preemption of state interference in this framework, underscoring DHS's exclusive regulatory domain over authorization determinations. Amendments via legislation like the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 refined eligibility, restricting post-removal authorization under INA § 241(a)(7). This structure prioritizes verifiable status over open-ended permissions, with USCIS guidance clarifying that EAD issuance does not confer immigration status but merely permits work incident to approved categories.[3]Eligibility Criteria
Eligible Categories
Eligibility for an Employment Authorization Document (EAD) is determined by specific categories under 8 CFR 274a.12, requiring applicants to file Form I-765 unless employment authorization is automatically incident to their status.[3] These categories include refugees, asylees, certain nonimmigrant spouses and dependents, adjustment of status applicants, and individuals under deferred action or temporary protected status, among others.[3] For categories where authorization is incident to status, such as refugees under (a)(3) or asylees under (a)(5), applicants must still file Form I-765 to obtain the physical EAD card, providing evidence like Form I-94 or asylum approval letters.[3] In contrast, categories requiring USCIS approval, like parolees under (c)(11), demand demonstration of eligibility through supporting documents such as advance parole approval notices.[3] Refugees and asylees form a core eligible group. Refugees admitted under section 207 of the Immigration and Nationality Act qualify under category (a)(3), with employment authorization automatic upon admission, evidenced by Form I-94.[3] Paroled refugees fall under (a)(4), while asylees granted asylum under section 208 qualify under (a)(5), filing with their asylum approval letter or Form I-94.[3] Those granted withholding of deportation or removal under (a)(10) must apply and provide an Executive Office for Immigration Review (EOIR) order.[3] Nonimmigrant students and exchange visitors are eligible in limited circumstances tied to practical training or hardship. F-1 students seeking optional practical training (OPT) apply under (c)(3)(A) for pre-completion or (c)(3)(B) for post-completion, requiring completion of one academic year and Form I-20 endorsement; STEM extensions under (c)(3)(C) allow up to 24 additional months with degree verification.[3] Severe economic hardship permits off-campus work under (c)(3)(iii), supported by financial evidence. J-2 dependents of exchange visitors qualify under (c)(5) with Form DS-2019, ensuring work does not support the principal J-1.[3] M-1 vocational students access post-completion OPT under (c)(6).[3] Spouses and dependents of certain nonimmigrants or principals in employment-based petitions often qualify. Spouses of E-1, E-2, E-3, or L-1 holders receive incident-to-status authorization under (a)(17) or (a)(18), filing for the EAD with status documents.[3] H-4 spouses of H-1B workers apply under (c)(26) with the principal's petition approval.[3] Dependents of diplomatic or international organization personnel, such as A-1/A-2 under (c)(1) or G-series under (c)(4), require Form I-566 endorsements.[3] Compelling circumstances for principal beneficiaries of approved I-140 petitions enable work under (c)(35), with derivatives under (c)(36).[3] Adjustment applicants and humanitarian categories provide broad eligibility. Those filing Form I-485 for lawful permanent residence qualify under (c)(9), submitting the receipt notice; exceptions apply for asylees or refugees using their primary categories.[3] Temporary Protected Status (TPS) beneficiaries under (a)(12) or pending applicants with prima facie eligibility under (c)(19) file with Form I-821 evidence.[3] Deferred Action for Childhood Arrivals (DACA) recipients apply under (c)(33), including economic necessity via Form I-765WS.[3] VAWA self-petitioners under (c)(31) receive incident-to-status authorization post-approval.[3] Parolees, including those under (c)(11), must exclude expedited removal cases.[3] Additional categories cover legalization programs, family unity, and special circumstances. Lawful temporary residents under INA sections 245A or 210 qualify under (a)(2).[3] K-1 fiancé(e)s under (a)(6) gain 90-day authorization post-admission, non-renewable except for replacement.[3] V nonimmigrants under (a)(15) and certain N-8/N-9 under (a)(7) have incident-to-status work rights.[3] Applicants under deferred enforced departure (DED) use (a)(11), while those with final removal orders under (c)(18) require EOIR documentation.[3] The full enumeration, spanning over 40 subcategories, mandates selecting the precise code on Form I-765 to avoid denial.[3]Ineligible Categories
Certain non-citizens are ineligible to apply for an Employment Authorization Document (EAD) via Form I-765 if their immigration status confers inherent or incident-to-status work authorization, or if they fall outside the specific statutory categories permitting employment authorization under 8 CFR 274a.12(a) and (c). Lawful permanent residents (LPRs), including conditional permanent residents, possess unrestricted employment rights without needing an EAD and thus cannot file Form I-765 for this purpose.[12][3] Similarly, nonimmigrants authorized to work incident to their status—such as certain H-1B, L-1, or E dependent spouses—or those tied to a specific employer under 8 CFR 274a.12(b) do not require a separate EAD application.[12][3] Tourists on B-1/B-2 visas and other short-term visitors lack eligibility for EADs, as their status prohibits employment altogether. Unauthorized non-citizens without a pending qualifying application, such as for asylum (after the 150-day waiting period) or adjustment of status, are also ineligible, as employment authorization is not available absent a specific categorical basis.[3] Specific subcategory restrictions further bar certain applicants: those paroled under expedited removal proceedings per INA section 235(b)(1)(A) or with a pending credible fear determination cannot qualify under category (c)(11) for parolees.[3] Spouses of E-2 CNMI investors are ineligible under (c)(12) if the principal's status derives from a Foreign Retiree Investment Certification.[3] Temporary Protected Status (TPS) beneficiaries under categories (c)(35) or (c)(36) with a felony conviction or two or more misdemeanors are prohibited from EAD approval.[3] K-1/K-2 fiancé(e) nonimmigrants cannot renew an initial 90-day EAD and must seek a new category if adjusting status.[3] These exclusions ensure EAD issuance aligns strictly with statutory criteria, preventing unauthorized work.[9]Application Process
Filing Form I-765
Form I-765, Application for Employment Authorization, must be completed by eligible noncitizens seeking an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS).[4] Applicants provide biographical data in Part 1, select an eligibility category (such as (c)(8) for asylum applicants or (c)(9) for adjustment of status pending applicants) in Part 2, and affirm eligibility under penalty of perjury in Part 3, with originals or copies of supporting documents attached as specified in the form instructions.[3] Incomplete or unsigned forms are rejected, and applicants must use the most current edition of the form, available for download from the USCIS website.[4] Supporting evidence varies by category but generally includes two identical passport-style photographs (2x2 inches, unmounted, taken within 30 days of filing), a copy of the applicant's identity document (such as a passport or Form I-94), and category-specific items like a receipt notice for a pending Form I-589 (asylum) or Form I-485 (adjustment of status).[13] USCIS recommends using the optional checklist for initial evidence to ensure completeness, though submission of the checklist itself is not required.[13] For certain categories, such as refugees or asylees, a copy of an approval letter or Form I-94 stamped with status suffices; failure to provide required evidence results in a Request for Evidence (RFE) or denial.[3] The filing fee, updated effective July 22, 2025, under the H.R. 1 Reconciliation Bill, is $520 for paper submissions and $470 for online filings in most categories, with no fee required for specific groups like initial asylum applicants (c)(8), Temporary Protected Status (TPS) beneficiaries, or certain dependents.[14] [4] A separate $85 biometrics services fee may apply if required for the category, though many I-765 filings waive it; fee waivers via Form I-912 are available for qualifying applicants demonstrating financial need. Forms postmarked on or after August 21, 2025, without the correct fee are rejected.[4] Payments must be made payable to "U.S. Department of Homeland Security" using money order, personal check, or cashier's check; credit cards are accepted online or via Form G-1450 for mail.[15] Submissions occur online through a USCIS account at my.uscis.gov for faster processing and reduced fees, or by mail to USCIS lockbox facilities determined by eligibility category and concurrent filings (e.g., Phoenix or Elgin Lockbox for most standalone applications).[16] Concurrent filing with related forms like I-485 or I-539 is permitted and often required for categories such as (c)(9), with both sent to the address specified for the primary form.[17] Include Form G-1145 for electronic notification of receipt if desired. Biometrics appointments are scheduled only if USCIS deems photos inadequate or for identity verification in select cases, typically notified via Form I-797C.[4] Applicants should retain copies of all documents and track status online after 30 days if no receipt notice arrives.[15]Processing Times and Interim EADs
Processing times for Form I-765, Application for Employment Authorization, vary by eligibility category, USCIS service center or field office, and case complexity, with the agency publishing estimates representing the time to complete 80% of cases. As of September 2025, median processing times range from approximately 1 to 3 months for categories like optional practical training under (c)(3)(B), to 5 to 12 months or longer for adjustment of status-based applications under (c)(9), though applicants must consult the official USCIS tool for current figures specific to their category and location.[18][4][19] Delays often stem from application volume, security checks, or requests for evidence, and USCIS produces approved EAD cards within 2 weeks of adjudication, mailing them via USPS.[4] To address renewal processing backlogs, USCIS implemented automatic extensions of employment authorization for eligible categories, initially up to 180 days and temporarily increased to 540 days via a final rule effective May 2022, further extended through April 2025 and reissued in 2024 for certain pending renewals filed on or after May 4, 2022.[20][21] These extensions apply if the Form I-765 renewal is timely filed before the current EAD expires and remains pending, preventing lapses in work eligibility evidenced by the receipt notice (Form I-797C).[22] Employers verify such extensions using SAVE or by retaining the USCIS webpage confirmation alongside Form I-9 documentation.[23] Interim EADs, providing temporary authorization during delays, are not routinely available for all initial or renewal applications but are issued selectively for specific humanitarian categories facing prolonged waits. For instance, affirmative asylum applicants under (c)(8) may receive interim benefits after a 150-day delay in decision-making, while credible fear screenings allow work authorization post-180 days of review.[2] USCIS policy shifted in recent years, discontinuing local field office adjudication of interim I-765 requests, with central service centers or the National Benefits Center handling such cases only when delays exceed thresholds tied to mandatory reviews, such as beyond 90 days for complex adjudications.[24][25] Applicants in eligible delayed categories may request interim relief via InfoPass appointments or case inquiries, though approvals remain discretionary and category-specific.[26]Terms of Authorization
Validity Periods and Automatic Extensions
The validity period of an Employment Authorization Document (EAD), Form I-766, is specified on the card and varies by the bearer's eligibility category under 8 C.F.R. § 274a.12, typically ranging from one to five years depending on the underlying immigration status or authorization basis.[2] For categories such as refugees (category A03), asylees (A05), and those granted withholding of removal (A12), initial and renewal EADs were historically limited to a maximum of two years, but U.S. Citizenship and Immigration Services (USCIS) policy updated on September 27, 2023, extended the maximum validity to five years for these and similar categories to reduce administrative burdens and renewal frequency.[27] [28] In contrast, EADs for spouses of certain nonimmigrants, such as H-4 (C26), E (A17), and L-2 (A18) dependents, generally align with the expiration date on Form I-94 and do not exceed two years.[29] Optional Practical Training (OPT) under F-1 student status (C03/C36) authorizes 12 months initially, with a 24-month extension possible for STEM fields, tied to program completion and approval terms.[4] Temporary Protected Status (TPS) EADs (A12 or C19) match the designated TPS period, which can extend up to 18 months per extension but requires re-registration.[20] To mitigate employment gaps during renewal processing delays, USCIS provides automatic extensions of employment authorization for eligible categories when Form I-765 is timely filed before the EAD expires. As of December 10, 2024, this extension is permanent and covers up to 540 days from the EAD's "Card Expires" date for renewal applicants in categories (c)(1) through (c)(36), excluding certain ones like initial TPS or commuter applicants; evidence includes the expired EAD bearing the eligible category code and the Form I-797C receipt notice indicating timely filing.[30] [22] This replaced prior temporary measures, including a 180-day extension and a 2022-2024 expansion to 540 days amid backlogs, aiming to stabilize workforce continuity without requiring interim cards for most cases.[31] For TPS beneficiaries, automatic EAD extensions are limited to one year or the TPS designation duration (whichever is shorter) and may be announced via Federal Register or individual notice, separate from the general renewal process.[20] [32] Employers verify extended authorization via E-Verify or Form I-9 by cross-referencing the receipt notice with USCIS guidance, as the physical EAD alone shows only the original expiration.[33] The extension terminates upon USCIS adjudication of the renewal or expiration of the 540-day period, whichever occurs first.[34]Renewal Requirements
To renew an Employment Authorization Document (EAD), applicants must submit Form I-765, Application for Employment Authorization, under the same eligibility category as their current EAD, selecting the renewal option in Part 1, Item 1.c.[4][3] Continued eligibility for the specific category, such as (c)(8) for pending asylum applicants or (c)(9) for adjustment of status applicants, is required, and applicants must provide evidence demonstrating ongoing qualification.[4][13] Renewal is not automatic and depends on USCIS approval, with denials possible if eligibility lapses or if fraud is detected.[3] Applications should be filed no more than 180 days before the current EAD's expiration date but before the employment authorization expires, to qualify for potential automatic extensions during processing.[1][4] USCIS recommends submitting at least 90 to 180 days in advance to mitigate processing delays, which can exceed several months depending on category and service center workload.[4] For categories like (c)(35) under compelling circumstances, renewals must include proof of an approved Form I-140 petition and either visa unavailability per the Visa Bulletin or ongoing compelling factors.[3] Required supporting evidence includes:- A copy of the front and back of the expiring EAD.
- Two identical passport-style color photographs (2 by 2 inches).
- Category-specific documents, such as a copy of Form I-94, receipt notices for underlying applications (e.g., Form I-589 for asylum), or approval letters confirming continued status.[13][3]