Employment authorization document

An employment authorization document (EAD, Form I-765) or EAD card, known popularly as a "work permit", is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.

Currently the EAD is issued in the form of a standard credit card-size plastic card enhanced with multiple security features. The card contains some basic information about the alien: name, birth date, sex, immigrant category, country of birth, photo, alien registration number (also called "A-number"), card number, restrictive terms and conditions, and dates of validity. This document, however, should not be confused with the green card.

To request an EAD card, noncitizens who qualify may file Form I-765, "application for employment authorization." Applicants must then send the form via mail to the USCIS Regional Service Center that serves their area. If approved, an EAD will be issued for a specific period of time based on alien's immigration situation.

Thereafter, USCIS will issue EADs in the following categories:

For employment based green card applicants, the priority date needs to be current to apply for Adjustment of Status (I-485) at which time an EAD can be applied for. Typically, it is recommended to apply for Advance Parole (AP) at the same time so that visa stamping is not required when re-entering US from a foreign country.

An interim EAD is an EAD issued to an eligible applicant when USCIS has failed to adjudicate an application within 90 days of receipt of a properly filed EAD application or within 30 days of a properly filed initial EAD application based on an asylum application filed on or after January 4, 1995. The interim EAD will be granted for a period not to exceed 240 days and is subject to the conditions noted on the document.

An interim EAD is no longer issued by local service centers. One can however take an INFOPASS appointment and place a service request at local centers, explicitly asking for it if the application exceeds 90 days and 30 days for asylum applicants without an adjudication.

The eligibility criteria for employment authorization is detailed in the Federal Regulations section 8 C.F.R. §274a.12. Only aliens who fall under the enumerated categories are eligible for an employment authorization document. Currently, there are more than 40 types of immigration status that make their holders eligible to apply for an EAD card. Some are nationality-based and apply to a very small number of people. Others are much broader, such as those covering the spouses of E-1, E-2, E-3 or L-1 visa holders.

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