Frequently Asked Questions About Employment Authorization Documents

Introduction

An Employment Authorization Document (EAD), often called a work permit, can allow certain noncitizens to work legally in the United States. Because eligibility and filing requirements depend on an applicant’s immigration circumstances, many people have questions about when they can apply, how long an EAD may remain valid, and what happens when it expires.

What Is an EAD and Who Can Apply?

An EAD is a document issued by U.S. Citizenship and Immigration Services (USCIS) that generally provides evidence of employment authorization for an eligible noncitizen. It is different from an employment-based immigrant or nonimmigrant visa. Some individuals may qualify for an EAD based on a pending immigration application, while others may qualify because of a particular immigration status or category.

The application is generally made using Form I-765, Application for Employment Authorization. However, not everyone who is present in the United States qualifies for an EAD. The appropriate eligibility category must be identified, and applicants should follow the requirements that apply to that category.

How Long Does an EAD Take and What Happens When It Expires?

Processing times can vary depending on the type of application, USCIS workload, and other circumstances. Applicants should avoid assuming that an EAD will be approved within a particular period simply because another applicant experienced a shorter or longer wait.

An important question is whether employment authorization can continue after an EAD expires. In certain circumstances, federal rules may provide an automatic extension of employment authorization for eligible applicants who timely file a renewal application. The availability and length of any extension depend on the applicable eligibility category and current requirements. Applicants should not assume that every renewal receives the same treatment.

Another common question is whether an EAD is tied to an underlying immigration case. In many situations, it is. If the underlying application or status changes, that change may affect eligibility for employment authorization. Keeping track of both the immigration case and the EAD is therefore important.

Conclusion

Employment authorization can be an important part of maintaining lawful employment in the United States, but the rules are not identical for every applicant. This article provides general information and is not legal advice. Because eligibility, renewal requirements, and potential extensions depend on individual circumstances, readers should consult a qualified immigration attorney for advice regarding their specific situation.