Complete Guide to Employment Authorization Documents
Foreign nationals in the United States must have legal authorization to work if their visa does not automatically provide employment eligibility. Examples include Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), asylum applicants, or individuals with a pending adjustment of status (Form I-485). Engaging in unauthorized employment is a serious violation of immigration and labor law and may lead to severe consequences for both the worker and the employer.
To lawfully begin or continue working in the U.S., eligible individuals must obtain an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS). An EAD card is an official permit that verifies your right to apply for and accept employment.
Step 1: Filing Form I-765 for an EAD
The process begins with filing Form I-765, Application for Employment Authorization. This form, available on the USCIS website, is divided into several sections with detailed questions. You must complete the portions relevant to your immigration category.
Supporting evidence must be included with the form. The exact documentation depends on your eligibility category, so it is important to carefully review the official USCIS instructions before submission.
⚠️ Note: Some nonimmigrant visa holders, such as those on H-1B, L-1B, O, or P visas, do not require an EAD since work authorization is already granted under their visa classification.
Step 2: Providing Proof of EAD Eligibility
Every applicant must prove they qualify for employment authorization. Alongside your Form I-765, you must include:
- A copy (front and back) of your Form I-94 Arrival/Departure Record
- A copy of a valid government-issued ID, such as a passport
- If previously issued, a copy of your most recent EAD card
- Two identical passport-style photos (2×2 inches)
- If represented by an attorney or accredited representative, a completed Form G-28
USCIS may also request additional documents depending on your case type. Always submit copies, not originals, unless specifically instructed otherwise.
👉 Learn more: EAD vs. Green Card – Key Differences
Step 3: Paying the EAD Application Fee
For USCIS to process your EAD application, you must include the appropriate filing fee. As of now, the fees are:
- $470 for online filing
- $520 for paper filing
- $260 if submitted with a pending I-485
Payment may be made by money order, cashier’s check, personal check, or credit card. Cash payments are not accepted.
Some applicants are exempt from paying the filing fee, including:
- Refugees, asylees, or paroled refugees
- N-8 or N-9 nonimmigrants
- Citizens of Micronesia, the Marshall Islands, or Palau
- Applicants granted withholding of deportation
- T-1 or U-1 nonimmigrants
- VAWA self-petitioners
- Dependents of certain foreign governments, NATO personnel, or international organizations
Applicants experiencing financial hardship may also qualify for a fee waiver.
Step 4: Submitting Your EAD Application
Before sending your application, carefully review it to ensure accuracy. Missing signatures, incomplete answers, or missing documents can cause delays or denials.
Submission options include:
- Online filing (e-filing): Recommended by USCIS for faster processing and instant confirmation
- By mail: Must be sent to the designated USCIS address depending on your eligibility category
✔️ Tip: Always keep a complete copy of your application and proof of payment for your records.
Processing Times for an Employment Authorization Document
On average, USCIS takes up to 90 days to process EAD applications. Applicants filing by mail may use Form G-1145 (E-Notification of Application/Petition Acceptance) to receive text or email updates about their case.
Once USCIS receives your application, you will be scheduled for a biometric services appointment at your local Application Support Center (ASC). After review, USCIS will issue a written decision approving or denying your work permit.
If approved, your laminated EAD card will arrive by mail. If denied, USCIS will explain the reasons for the denial.
Correcting and Replacing Your Employment Authorization Document (EAD)
What to Do If Your EAD Card Contains Errors
In some cases, an Employment Authorization Document (EAD) may be issued with incorrect details. These errors could be due to a mistake made by the applicant during the filing process or by USCIS officials when generating the card. If you notice any inaccuracies, it is critical to act quickly and request a correction to avoid problems with your work authorization.
Correcting USCIS Errors on Your EAD Card
If the incorrect information on your card is the result of a USCIS error, you will need to submit the following:
- A letter clearly describing the error
- Supporting documents proving the mistake was caused by USCIS
- The original EAD card that contains the error
Correcting Non-USCIS Errors on Your EAD Card
If the error was not caused by USCIS (for example, if you made a mistake on your application), you must file a new request. To do so, you will need to provide:
- A completed Form I-765, selecting the option for “Replacement of a lost, stolen, or damaged EAD, or correction of your EAD not due to USCIS error”
- The applicable filing fee
- The incorrect EAD card
- A statement explaining the requested correction
- Any required supporting documentation
What to Do if You Never Receive Your EAD Card
After USCIS approves your application, your EAD is typically mailed to you. However, in some cases, applicants never receive their cards—even though the online case status shows the card was mailed.
If this happens, you must create a non-delivery inquiry with USCIS. Be prepared to provide details such as your USPS tracking number (if available), USCIS receipt number, Alien Number (A-Number), and the filing date of your I-765 application.
Delayed EAD Applications and Expedited Requests
If your EAD application is delayed, you may be able to request an expedited review. Additionally, USCIS provides automatic extensions of work authorization for up to 540 days for eligible renewal applicants, which helps prevent disruptions in employment authorization while waiting for a new card.
Categories eligible for automatic extension include:
- Refugees (a)(3)
- Asylees (a)(5)
- N-8 or N-9 Nonimmigrants (a)(7)
- Citizens of Micronesia, Marshall Islands, or Palau (a)(8)
- Withholding of Deportation or Removal Granted (a)(10)
- Temporary Protected Status (TPS) (a)(12)
- Pending Asylum Applications (c)(8)
- Pending Adjustment of Status (AOS) (c)(9)
- VAWA Self-Petitioners (c)(31)
- Spouses of E, L, or H visa holders (a)(17), (a)(18), and (c)(26)
It is important to file renewals early. Working without a valid EAD is considered unauthorized employment, which is a serious immigration violation.
What to Do If Your EAD Application Is Denied
If USCIS denies your EAD application, you will receive a denial notice explaining the reason. At that point, you may file a motion to reopen (based on new evidence) or a motion to reconsider (based on an error in law or policy). In some cases, you can file both motions together.
However, the Administrative Appeals Office (AAO) ultimately has the authority to uphold or reverse the denial. Because of this, avoiding mistakes during the initial application process is critical.
Navigating the EAD Application Process with Green Card Link
Applying for an Employment Authorization Document is an essential step for foreign nationals who want to legally work in the United States. Completing Form I-765 accurately, submitting the required supporting documents, and paying the correct filing fee are vital to a successful application.
Understanding how to handle common issues—such as card errors, non-delivery, or delays—can save you time and prevent costly mistakes. If you face complications or receive a denial, professional guidance from the immigration attorneys at Green Card Link can help protect your employment eligibility.
At Green Card Link, its immigration attorneys have extensive experience helping clients with EAD applications, renewals, and appeals. Their team provides step-by-step assistance to ensure your application is thorough, timely, and properly supported.
Frequently Asked Questions
How long does it take to process Form I-765?
Most I-765 applications are processed within 2 to 5 months, depending on USCIS backlogs, biometrics appointments, or background checks. You can track your case status online.
What happens when my I-765 is approved?
Once approved, you will receive your Employment Authorization Document, which allows you to work legally in the U.S. Most cards are valid for one year and can be renewed if you are still eligible.
How much does it cost to file Form I-765?
- Applicants with a pending I-485 (Adjustment of Status): $260
- Online filing (standalone): $470
- Paper filing (standalone): $520
How long after marriage to a U.S. citizen can I get a work permit?
Typically, it takes 2 to 5 months to receive your work permit after filing the I-485 based on marriage.
What’s the difference between EAD renewal and replacement?
- Renewal: Requested when your EAD is about to expire. Some categories qualify for an automatic extension.
- Replacement: Filed when your card is lost, stolen, damaged, or never delivered. A new Form I-765 and applicable fees are required, unless you are eligible for a fee waiver.