What is Work Authorization
In order to legally work in the United States, everyone is required to prove that they have work authorization. In practice, all employers are required to check whether its employees and new hires have proper work authorization by completing form I-9. An employment authorization document (EAD) (also known as a work permit) is a card which proves that a person is legally permitted to work in the United States.
Not everyone needs to file for an EAD to prove work authorization. For example, US citizens, lawful permanent residents, and asylees have work authorization and are not required to have an EAD. But if a person does not fall within one of those categories, they must have an EAD to prove their work authorization.
How to Apply for an Employment Authorization Document
1. Check Eligibility
Only certain individuals are eligible for an EAD. Before filing an application for an EAD, make sure you check if you qualify for a work permit card. There are many eligible categories. You can find this list at the USCIS website. Some of the more common categories include:
- Asylees and refugees (or those with pending applications);
- Individuals with a pending I-485 (green card or adjustment of status application);
- Employment-based nonimmigrant visa categories;
- K-1 nonimmigrant fiancé(e) or K-3 nonimmigrant spouse;
- Nonimmigrant foreign students;
- T-visa; U-Visa; and VAWA self-petitioners;
- TPS recipients; and
- DACA recipients.
2. Complete Form I-765
Once you have determined your eligibility, you can begin the application process. You are required to complete form I-765. If you are applying under the deferred action category ((c)(14)) or DACA ((c)(33)), you are also required to fill out the worksheet form, I-765WS.
3. Prepare Required Documents
You are also required to submit additional documents with your application form. There are general requirements for all applications and additional requirements for for certain applicant categories. The general required documents are:
- Your I-94 arrival-departure record;
- A copy of your previous EAD or, if you did not have a previous EAD, a government-issued identification document which includes your name, a picture, and your date of birth; and
- Two identical passport-style photos.
4. Pay Fees and File Application
Finally, you are ready to submit your application to USCIS. Most applicants will be required to pay a filing fee (currently $520 for paper filings and $470 for electronic filings), but some applicants are be exempt from this. If you are unable to pay the fees, you may try to apply for a fee waiver which is considered alongside your application.
5. Processing / Wait for Response
Once you have submitted your application, you are done. You may be required to attend an interview or a biometrics appointment at a later date. At this point, you only need to wait for a response from USCIS. Wait times vary and can range from a couple of weeks to months of waiting.