How an Employment Authorization Document Works

Anyone who wants to work in the United States who is not a U.S. citizen or has been approved permanent residency must have an Employment Authorization Document.  The Employment Authorization Document proves you have been approved to work in the United States. 

Who is Eligible for an EAD?

The following categories of workers must have an Employment Authorization Document:

• Asylees and asylum seekers
• Refugees
• Students seeking particular types of employment
• Applicants to adjust to permanent residence status
• Fiancé(e) of American citizens
• Dependents of foreign government officials

The complete list of the categories of people who must apply for an Employment Authorization Document can be found in Form I-765.  If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States.

Application for Employment Authorization Process

The Employment Authorization Application can now be completed online by filing Form I-765 electronically. If you file electronically, you can pay the filing fee online with a credit card and mail your supporting documents along with a printed copy of your receipt. Not everyone is eligible for this online service.  If you are not eligible for the online application, you must file a Form I-765 and mail it to the USICS Regional Service Center for your area.

How Can I Appeal?

If your application for an Employment Authorization Document is denied, you will receive a letter that will tell you why the application was denied. While there is no option for you to appeal to a higher court, you may submit a motion requesting that your case be reopened. There must be new facts which have come up that were not known during the first hearing.  You can also make a motion to reconsider which essentially makes the claim that the USCIS applied the law incorrectly.

Do I Need a Lawyer?

If you have any questions or concerns while filling out the Form I-765, you should contact a lawyer to help you with the application and the supporting documents.  If there is anything in your history which may hurt your chances of getting an Employment Authorization, you should talk to a lawyer about the best way to proceed and to present your case.  If your application is denied, a lawyer can advise you as to whether you should file a motion to reopen or to reconsider.