Employment Authorization Document

The Employment Authorization Document or Form I-766 (EAD), commonly known as a “work permit”, allows non-US citizens and non-lawful permanent residents permission to work in the U.S. The EAD is issued by USCIS and is evidence that they have granted the holder the temporary right to work in the U.S.

The USCIS issues an Employment Authorization Document in several different categories, including:

1. You’re authorized to work in the U.S. because of your current immigration status but need an EAD as proof of employment authorization – examples include asylees, refugees, those with DACA, and certain categories of those on TPS
2. You’re required to request permission to work because your nonimmigrant status may not normally allow employment – examples include those in F-1, M-1, H-4 or J-2 status.
3. You have a pending immigration application and are requesting permission to work while the application is pending- examples include those with a pending AOS, pending Asylum applications and certain categories of TPS.

OR

Check My Eligibility

The specific categories that require an Employment Authorization Document include but are not limited to:

1. Asylees and asylum seekers
2. Refugees
3. Students seeking particular types of employment
4. Applicants to adjust to permanent residence status
5. People in or applying for temporary protected status
6. Fiances of U.S. citizens
7. Dependants of foreign government officials

The following are the classes of individuals who do not require EAD’s to work in the U.S.:

1. U.S. citizens

2.Lawful permanent residents or conditional permanent residents. Your Alien Registration Card proves that you may work in the U.S.

3.Nonimmigrants who can work in the U.S. incident to their status- examples include:

To apply for an EAD you must file Form I-765, Application for Employment Authorization with USCIS via mail or online (https://my.uscis.gov).

All Form I-765 applications can be filed by mail and should be sent to the specific lockbox designated for your application category and/or state of residence.

At this time, the Form I-765 can be filed online only if you are requesting an EAD in the following categories:

• (a)(12) TPS granted
• (c)(3)(A), (B), (C)- F-1 students for pre-completion and post-completion OPT and STEM OPT
• (c)(8) – EAD application for pending Form I-589, Application for Asylum or Withholding of Removal
• (c)(9) – EAD application for pending I-485, Adjustment of Status based on the Form I-130 or Form I-140
• (c)(11) – Applicants paroled for urgent humanitarian or significant public benefit purposes; or
• (c)(19) – Certain pending TPS applicants
• (c)(33) – DACA applicants with a pending or approved I-821D

You can renew the EAD by filing the Form I-765 with USCIS via mail or online, that is, the same way you filed for the initial EAD authorization. You can file a renewal up to 180 days before the EAD expiration date. It is strongly recommended that you file no later than 120-90 days before the expiration to ensure timely approval of the EAD.

Once an EAD renewal has been filed, you may continue working for up to 540 days after the expiration of the underlying EAD in the following categories:

• A03 Refugee
• A05 Asylee
• A07 N-8 or N-9
• A08 Citizen of Micronesia, Marshall Islands, or Palau
• A10 Withholding of Deportation or Removal Granted
• A12 Temporary Protected Status (TPS) Granted
• A17 Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status (Up to 540 days, or expiration date on I-94, whichever is sooner)
• A18 Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status (Up to 540 days, or expiration date on I-94, whichever is sooner)
• C08 Asylum Application Pending
• C09 Pending Adjustment of Status under Section 245 of the Act
• C10 Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants, Special Rule Cancellation of Removal Applicants Under NACARA
• C16 Creation of Record (Adjustment Based on Continuous Residence since Jan. 1, 1972)
• C19 USCIS determined applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”
• C20 Section 210 Legalization (pending I-700)
• C22 Section 245A Legalization (pending I-687)
• C24 LIFE Legalization
• C26 Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status (Up to 540 days, or expiration date on I-94, whichever is sooner)
• C31 VAWA Self-Petitioners

If your EAD application is denied, you will receive a letter that will tell you why the application was denied. You will not be allowed to appeal a negative decision to a higher authority. However, you may submit a motion to reopen or a motion to reconsider with the office that made the unfavorable decision by filing the Form I-290B, Notice of Appeal or Motion. By filing the Form I-290B, you are asking USCIS to reexamine or reconsider their decision:

1. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence
2. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made

Only the person that submitted the original application or petition may file the Form I-290B. The person filing the motion may be represented by an attorney or representative.