This article was last updated and fact checked on October 16, 2024 by Mani Karthik.
So, you’re in the USA on a visa, but you want to work legally. Maybe you’re here on an H-4, L-2, or F-1 visa, or you’ve applied for asylum or a green card.
Whatever your situation, you need an Employment Authorization Document (EAD)—basically, a work permit that says, “Yes, you can work in the USA legally.”
Here’s a step-by-step guide to help you apply for an EAD without any confusion.
In this article...
What is an Employment Authorization Document (EAD)?
An Employment Authorization Document (EAD) is a card issued by the U.S. Citizenship and Immigration Services (USCIS) that allows non-citizens to work legally in the USA. It’s sometimes called a work permit.
EADs are typically valid for one to two years and can be renewed, depending on your visa status. So, whether you’re on a student visa, a dependent visa, or in the middle of the green card process, you might be eligible to apply.
Tip: An EAD does not grant you a new visa status. It only permits you to work legally while you’re in the USA.
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Who Can Apply for an EAD?
Not everyone can get an EAD, so it’s important to know if you qualify. Here’s a quick rundown of who’s eligible:
- H-4 visa holders (spouses of H-1B workers)
- L-2 visa holders (spouses of L-1 workers)
- F-1 students (who qualify for OPT or CPT)
- Asylum seekers or those with pending asylum applications
- Pending green card applicants
- Temporary Protected Status (TPS) holders
- DACA recipients
Tip: Always check the latest eligibility criteria on the USCIS website before applying, as rules can change.
Step-by-Step Guide to Applying for an EAD
1. Determine Your Eligibility
Before starting the process, make sure you’re eligible. If you’re unsure, check your visa type and situation against the USCIS eligibility criteria.
You don’t want to waste time (and money) on an application that could get rejected.
2. Prepare Form I-765
The main form you need to fill out is Form I-765, Application for Employment Authorization. You can download this directly from the USCIS website.
Filling out this form requires basic information about you:
- Name, address, and contact details
- Current visa status
- Reason for applying (like “initial EAD,” “renewal,” etc.)
- Social Security Number (if you have one)
Make sure all details match your immigration records. Mistakes here can delay your application or even cause rejection.
3. Gather Required Documents
You’ll need to include several supporting documents with your application:
- Copy of your passport
- Copy of your visa (H-4, L-2, F-1, etc.)
- I-94 form (you can download this from CBP website)
- Previous EAD card (if you have one)
- Proof of eligibility (like your spouse’s H-1B approval if you’re on an H-4 visa)
- Two passport-sized photos (Make sure they meet the specifications provided in the instructions for Form I-765)
Tip: Double-check the documents list on the USCIS Form I-765 instructions, as requirements may vary slightly depending on your visa type.
4. Pay the Filing Fee
The filing fee for Form I-765 is currently $410, but it can vary. Make sure to check the USCIS fee schedule for the most up-to-date information.
You can pay the fee via:
- Credit card
- Check or money order
- USPS money order
If you’re an asylum seeker or under financial strain, you might qualify for a fee waiver by filing Form I-912.
5. Submit Your Application
You can submit your EAD application by mail or online (if eligible). To apply online, you must create a USCIS account and follow the instructions to submit your Form I-765 and supporting documents.
If mailing, send everything to the correct USCIS Lockbox address. The address may vary depending on your location, so check the I-765 instructions for the correct mailing address.
Tip: Make sure to send your application via a trackable mail service. You’ll want to know when it reaches USCIS.
6. Track Your Application Status
Once you’ve submitted your application, USCIS will send a receipt notice (Form I-797).
This confirms they’ve received your application, and it has a receipt number you can use to track your status online via the USCIS Case Status page.
Processing times for EAD applications can range from 3 to 6 months or more, depending on the service center and visa type.
How to Renew Your EAD
If you’re already working on an EAD and it’s about to expire, don’t worry—you can renew it.
To do this:
- Fill out Form I-765 again.
- Check the “Renewal” box instead of “Initial application.”
- Submit it about 180 days before your current EAD expires.
Tip: Don’t wait until the last minute to renew. Renewing early helps you avoid any gaps in employment authorization.
Final Thoughts
Getting an Employment Authorization Document might seem like a lot of paperwork, but it’s worth it if you want to work legally in the USA.
Follow these steps, double-check everything, and don’t rush the process.
If you run into any trouble, consider consulting with an immigration lawyer—especially if your case is more complicated.
An investment in legal advice could save you a lot of time and hassle.
