STUDYING IN THE EMPLOYMENT AUTHORIZATION

The EAD, as pictured below, is also known as an employment authorization card or work permit – physical proof of employment authorization. Generally, an employer will want to see the card before an employee can begin work. You can use Form I-765 to request an initial, replacement, or renewal EAD.

Related Form: I-765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Eligibility for Employment Authorization

Use Form I-765 is a to apply for EAD.Form I-765 is the appropriate USCIS form to submit when applying for your EAD. It is necessary to have an EAD if:

Your asylee, refugee, or U nonimmigrant status allows you to work in the U.S. but does not provide proof, or
Your status requires you to apply for authorization to work, such as:

• Persons with a pending Form I-485,
• Persons with a pending Form I-589, or
• Persons who have a nonimmigrant status that allows them to be in the United States but requires them to seek authorization to work, including F-1 and M-1 students.

If you are a lawful permanent resident, conditional permanent resident or a nonimmigrant authorized to be employed with a specific employer under 8 CFR 274a.12(b) . You are already authorized to work in the U.S. 

Typically work permits are valid for one year and for some categories may be valid longer. You can file for a renewal if your Employment Authorization Document is expired or will expire in the next 120 days.

Other categories may be eligible to apply for employment authorization using Form I-765. Thecategories complete list of eligibility below:

ADJUSTMENT OF STATUS
(c)(9) – Adjustment Applicant
(c)(16) – Adjustment Applicant Based on Continuous Residence Since January 1, 1972
Renewal EAD for National Interest Waiver Physicians

DEFERRED ACTION CATEGORIES
(c)(14) – Deferred Action
(c)(33) – Deferred Action for Childhood Arrivals (DACA)

ASYLEE/REFUGEE CATEGORIES (INCLUDING SPOUSES AND CHILDREN)
(a)(5) – Asylee (Granted Asylum))
(c)(8) – Asylum Applicant (with a pending asylum application)Who Filed for Asylum on or After January 4, 1995)
(a)(4) – Paroled as a Refugee
(a)(3) – Refugee

ELIGIBLE DEPENDENTS OF DIPLOMATIC MISSIONS, INTERNATIONAL ORGANIZATIONS, OR NATO
(c)(1) – Dependent of A-1 or A-2 Foreign Government Officials
(c)(4) – Dependent of G-1, G-3 or G-4 Nonimmigrant
(c)(7) – Dependent of NATO-1 Through NATO-6

EMPLOYMENT-BASED NONIMMIGRANT CATEGORIES
(c)(17)(ii) – B-1 Nonimmigrant Domestic Servant of a U.S. Citizen
(c)(17)(iii) – B-1 Nonimmigrant Employed by a Foreign Airline
(c)(17)(i) – B-1 Nonimmigrant Who Is the Personal or Domestic Servant of a Nonimmigrant Employer
(a)(17) – Spouse of an E-1/E-2 Treaty Trader or Investor
(c)(12) – Spouse of an E-2 CNMI Investor
(a)(18) – Spouse of an L-1 Intracompany Transferee
(c)(26) – H-4 Spouse of an H-1B Nonimmigrant

FAMILY-BASED NONIMMIGRANT CATEGORIES
(a)(6) – K-1 Nonimmigrant Fiancé(e) of U.S. Citizen or K-2 Dependent
(a)(9) – K-3 Nonimmigrant Spouse of U.S. Citizen or K-4 Dependent
(a)(13) – Family Unity Program
(a)(14) – LIFE Family Unity
(a)(15) – V-1, V-2 or V-3 Nonimmigrant

FOREIGN STUDENTS
(c)(2)(a) – F-1 Student Seeking Pre-completion Optional Practical Training
(c)(3)(B) – F-1 Student Seeking Post-completion Optional Practical Training
(c)(3)(C) – F-1 Student Seeking 17-month Extension for STEM Students
(c)(3)(ii) – F-1 Student Offered Off-Campus Employment by Qualifying Organization
(c)(3)(iii) – F-1 Student Seeking Off-Campus Employment Due to Economic Hardship
(c)(5) – J-2 Spouse or Minor Child of an Exchange Visitor
(c)(6) – M-1 Student Seeking Practical Training After Completing Studies

NATIONALITY CATEGORIES
(a)(8) – Citizen of Micronesia, the Marshall Islands, or Palau
(a)(11) – Deferred Enforced Departure (DED)/Extended Voluntary Departure
(a)(12) – Temporary Protected Status (TPS) under 8CFR 244
(c)(19) – Temporary Protected Status (TPS) under 8CFR 244.5
(c)(10) – NACARA Section 203 Applicants Who Are Eligible to Apply for NACARA Relief With USCIS
(c)(2) – Dependent of TECRO E-1 Nonimmigrant

OTHER CATEGORIES
(a)(7) – N-8 or N-9 Nonimmigrant
(a)(10) – Granted Withholding of Deportation or Removal
(c)(10) – Applicant for Suspension of Deportation
(c)(11) – Paroled in the Public Interest
(c)(18) – Final Order of Deportation
(c)(24) – LIFE Legalization Applicant
(a)(16) – T-1 Nonimmigrant
(c)(25) – T-2, T-3 or T-4 Nonimmigrant
(a)(19) – U-1 Nonimmigrant
(a)(20) – U-2, U-3, U-4 or U-5
(c)(31) – VAWA Self-Petitioners

Renewal EAD

If you are still eligible for employment authorization but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved. Generally, you should not file for a renewal EAD more than 180 days before your original EAD expires.