Many immigrants need to be able to work while their applications with US Citizenship and Immigration Services are being reviewed — and to be eligible for employment, you need an employment authorization document, or EAD.
What requirements do you need to meet to obtain an employment authorization document?
Why USCIS Issues Employment Authorization Documents
US employers must check to make sure all employed people in the US are eligible to work, regardless of their current citizenship or national origin.
Certain categories of people who are in the United States but who are not citizens or permanent residents may be able to work. Applicable categories include:
- Category 1: You may have authorization to work in the US as a result of your nonimmigrant status.
- Category 2: You may have authorization to work for a specific sponsoring employer as a result of your nonimmigrant status.
- Category 3: You may be in a category which requires you to file for permission from USCIS to be able to work.
Some foreign nationals in the United States in the first and third categories — including those who have a pending Form I-485, Application to Register Permanent Residence or Adjust Status — are required to apply for an employment authorization document with Form I-765, Application for Employment Authorization, prior to seeking work in the United States.
The employment authorization document is the proof that you will show to your employer that you are allowed to work in the United States. In most cases, employment authorization is granted for one year but may be extended.
USCIS issues employment authorization documents for the following reasons:
- As proof that you are allowed to work in the United States while you have a certain immigration status
- To renew an employment authorization document that has expired
- To replace an employment authorization document that has been lost, stolen or mutilated
Eligibility Categories for the Employment Authorization Document
Question 17 of Form I-765, Application for Employment Authorization, asks for your eligibility category, and there are many different ways to respond.
It is important that you write the correct eligibility category on your application. Below is a chart of the eligibility categories found in 8 CFR 274a.12, the laws that govern who may work in the United States. Be sure to find the description that applies to you and mark the appropriate category on the form, or the employment authorization document may be delayed or not granted at all.
Categoriesooo
|
Description |
| (a)(1) | Lawful Permanent Resident |
| (a)(2) | Lawful Temporary Resident |
| (a)(3) | Refugee |
| (a)(4) | Paroled Refugee |
| (a)(5) | Asylee |
| (a)(6) | K-1 or K-2 Nonimmigrant |
| (a)(7) | N-8 or N-9 Nonimmigrant |
| (a)(8) | Citizen of Micronesia, Marshall Islands, or Palau |
| (a)(9) | K-3 or K-4 Nonimmigrant |
| (a)(10) | Withholding of Removal |
| (a)(11) | Deferred Enforced Departure (Extended Voluntary Departure) |
| (a)(12) | Temporary Protected Status |
| (a)(13) | Family Unity Program (Section 301 of the Immigration Act of 1990) |
| (a)(14) | Family Unity Benefits under LIFE Legalization |
| (a)(15) | V Nonimmigrants |
| (a)(16) | T-1 Nonimmigrant |
| (a)(19) | U-1 Nonimmigrant |
| (a)(20) | U-2, U-3, U-4, or U-5 Nonimmigrants |
| (c)(1) | Spouse/Dependent of A-1 or A-2 Nonimmigrant |
| (c)(2) | Spouse/Dependent of Coordination Council for North American Affairs (E-1)/ Taipei Economic and Cultural Representative Office (TECRO) |
| (c)(3)(A) | F-1 Nonimmigrant, Pre-Completion Optional Practical Training |
| (c)(3)(B) | F-1 Nonimmigrant, Post-Completion Optional Practical Training |
| (c)(3)(C) | F-1 Nonimmigrant, 17-month extension for STEM Students |
| (c)(4) | Spouse/Dependent of G-1, G-3, or G-4 Nonimmigrant |
| (c)(5) | J-2 Spouse or Child of J-1 Nonimmigrant |
| (c)(6) | M-1 Nonimmigrant, Practical Training |
| (c)(7) | Dependent of NATO-1 through NATO-7 Nonimmigrant |
| (c)(8) | Asylum Application, Pending filed on/after January 4, 1995 |
| (c)(8) | Asylum Application, Pending filed before January 4, 1995, and applicant is not in exclusion/deportation proceedings |
| (c)(8) | Asylum Application, Pending filed before January 4, 1995, and applicant is in exclusion/deportation proceedings |
| (c)(8) | Asylum Application under ABC Agreement |
| (c)(9) | Pending Adjustment of Status under Section 245 of the Act |
| (c)(10) | Suspension of Deportation Applicants (filed before April 1, 1997) Cancellation of Removal Applicants Cancellation Applicants Under NACARA |
| (c)(11) | Public Interest Parolee |
| (c)(14) | Deferred Action |
| (c)(16) | Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972) |
| (c)(17)(i) | B-1 Domestic of a Nonimmigrant |
| (c)(17)(ii) | B-1 Domestic of a USC |
| (c)(17)(iii) | Employee of a Foreign Airline |
| (c)(18) | Order of Supervision |
| (c)(19) | Temporary Treatment Benefits |
| (c)(20) | Section 210 Legalization |
| (c)(21) | S Visa Nonimmigrant |
| (c)(22) | Section 245A Legalization (pending I-687) |
| (c)(23) | Irish Peace Process (Q-2) |
| (c)(24) | LIFE Legalization |
| (c)(25) | T Visa Dependents |
| (c)(31) | Violence Against Women Act (VAWA) Self-Petitioner |
.
If Your Employment Authorization Document Has Expired
If you are still eligible for work authorization but your employment authorization document has expired, you should file for a renewal by submitting a new Form I-765.
You can also submit a new Form I-765 to replace a lost or mutilated employment authorization document. Please note that you cannot file for a renewal more than 120 days before your original employment authorization document expires.
I am citizen and married for 5 years with iligal imigrante. But I ask for Divorce in court. May I fill it up paper for him get free card before the Divorce happen?