If you want to work in the United States as a noncitizen, you can’t simply move here and find a job. Instead, you’ll likely need an employment authorization document (EAD) or work permit. This serves as proof that you’re eligible to work legally in the country.
In this article, we discuss the essentials regarding EAD cards. We explain what an EAD card is, how to apply for one, EAD card processing time and what happens if your application is approved or denied.
What is the EAD card?
An employment authorization document (EAD) card is a plastic card issued by the U.S. Citizenship and Immigration Services (USCIS). It’s similar in size to a credit card. The EAD card typically displays your photo, name, birth date and expiration date.
Having an EAD doesn’t affect your immigration status. It simply allows you to obtain a U.S. job during a specified period. When it expires, you have to renew it if you want to keep working.
The EAD card is not:
- Proof of citizenship or permanent residency
- A green card
- A visa
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Get startedHow do I apply for an EAD card?
The process for applying for an EAD is relatively straightforward.
1. Confirm your eligibility
You don’t need to apply for an employment authorization document card if you’re a U.S. citizen or a green card holder. If you don’t fall into these categories, make sure you fit into one of the several dozen eligible groups of people who may receive an EAD card.
2. Fill out and submit a copy of Form I-765
This form, known as the “Application for Employment Authorization”, initiates your EAD card application. You can obtain it from the USCIS website and file either online or by mail.
Along with Form I-765, you need to include:
- Proof of your current immigration status
- A copy of the front and back of any previous EADs
- Two passport-sized photos
- An I-94 form that reveals your past travels into the United States
There are additional category-specific evidentiary requirements. For instance, an F-1 student visa needs to prove they’re suffering from academic hardship, have a full course load and that their job won’t interfere with their studies. Check the USCIS website or speak with an immigration lawyer to determine what other evidence you need to provide.
3. Pay the filing fee
Currently, the filing fee for the Form I-765 is $410. Certain groups of people don’t need to pay this fee. This includes:
- Refugees
- Asylum seekers
- Citizens of Micronesia
- Victims of certain crimes
You can also fill out and submit a copy of an I-912 form to apply for a fee waiver because of financial hardship.
4. Attend your biometrics appointment
After you submit your application, USCIS may schedule a biometrics appointment for you to take your fingerprints, photo and signature. USCIS will inform you of the appointment date by mail and the online portal.
The current biometrics fee is $85, though refugees and other groups are exempt. (For a complete list of exempt groups, consult the Form I-765 instructions.) You may also apply to waive this fee by filling out an I-912 form.
5. Obtain a decision
If they need additional information, USCIS will contact you. Otherwise, if USCIS approves your application, they mail the EAD card to you.
What should I do if my EAD application is denied?
A denial may seem like a serious setback, especially since USCIS doesn’t allow you to directly appeal an EAD denial. But don’t lose hope. Whenever USCIS denies an application, it sends a letter explaining the reasons for their decision. Some denial reasons, especially those related to simple mistakes or oversights, may be easy to fix. More complex reasons for denial include things like a criminal conviction or missing travel records. You can generally address these issues by explaining them in depth and showing a change in your behavior.
Alternatively, you may discover that USCIS made an error when evaluating your application. In that situation, you may file a motion to reopen and reconsider your application.
Some people find immigration attorneys useful when an EAD application is denied. An experienced lawyer may know personalized ways to address the reason for your denial or help you explore other immigration alternatives if necessary.
What is the average EAD card processing time?
A rough estimate for the processing time of an EAD card is three to six months. However, this estimate varies according to several factors. These factors include:
- The general workload of USCIS
- The current volume of EAD card applications, which varies from month to month
- The completeness of your application
- The presence or absence of errors in your application
Even if you consider these factors, the processing timeline varies between cases, so plan ahead and be prepared for possible delays. If your application greatly exceeds this general time frame, you may want to contact USCIS to check on the status of your case.
Requesting expedited processing
USCIS offers expedited processing in certain situations. You may only apply for expedited processing of an EAD card if you meet one of several specific criteria. These include:
- Severe financial loss to a company or person, assuming the loss isn’t the result of your actions
- Loss of work
- Urgent humanitarian reasons like disability, family illness or extreme living conditions
- Extreme need by a nonprofit organization that serves the cultural or social interests of the United States
- U.S. government interests
USCIS may require additional documentation if you request expedited processing. It also retains the right to reject your request even if it meets the above criteria.
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Get startedWhat should I do after I receive my EAD card?
After receiving an EAD card, first confirm that all the information on it is correct. Next, begin your job hunt or inform your employer if you have a tentative offer of employment. After that, keep a close eye on your card’s expiration. If you’ll need to renew it, start the process at least 90 days before your EAD card’s expiration date but no more than 120 before your card expires.
The EAD combo card and its relationship to Advance Parole
The EAD combo card is a single card that combines the EAD card with advance parole (AP). Advance parole is a travel document that lets you leave the United States while your immigration or work status is pending an adjustment. Without it, a foreigner lacks the ability to leave the U.S.
While having AP improves your chances of readmission, it doesn’t guarantee it. The immigration officers at your point of entry have the ultimate say in whether you may reenter the country.
When to speak with an attorney
Due to the complex nature of the EAD application process, some people find it worthwhile to consult an immigration attorney.
Legal counsel could potentially offer several benefits. For one, they may advise you regarding potential hurdles. For example, they may guide you on overcoming past immigration issues, such as visa overstays, deportations or denials. Furthermore, they may help verify the completeness and accuracy of your application. Finally, they may inquire USCIS about your EAD card application status and take action on your behalf if there are holdups.
