What is an Employment Authorization Document?
U.S. employers must check to make sure all employees, regardless of citizenship
or national origin, are allowed to work in the United States. If you are not a
citizen or a lawful permanent resident, you may need to apply for an Employment
Authorization Document (EAD) to prove you may work in the United States.
INS issues Employment Authorization Documents (EAD) in the following categories:
EAD: This document proves your are allowed to work in the United States.
Renewal EAD: You should apply for a renewal EAD six months before your
original EAD expires.
Replacement EAD: This document replaces a lost, stolen, or mutilated EAD.
A replacement EAD also replaces an EAD that was issued with incorrect
information, such as a misspelled name.
Interim EAD: If INS does not approve or deny your EAD application within
90 days (within 30 days for an asylum applicant; note: asylum applicants are
eligible to file for EADs only after waiting 150 days from the date they
filed their properly completed original asylum applications), you may
request an interim EAD document.
What Does the Law Say?
The Immigration and Nationality Act is a law that governs the admission of all
persons to the United States. For the part of the law about Employment
Authorization Documents, please see INA
§ 274A. The Code of Federal Regulations [CFR] discusses the employment
authorization responsibilities of both employers and employees at 8
CFR § 274a.
The specific categories that require an Employment Authorization
Document include (but are not limited to) asylees and asylum seekers;
refugees; students seeking particular types of employment; applicants to
adjust to permanent residence status; people in or applying for temporary
protected status; fiancés of American citizens; and dependents of foreign
government officials. Please see INS
Form I-765 (Application for Employment Authorization) for a complete
list of the categories of people who must apply for an Employment
Authorization Document to be able to work in the United States.
If you are a U.S. citizen, you do not need an Employment
Authorization Document.
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.
If you are authorized to work for a specific employer, such as a
foreign government, you do not need an Employment Authorization
Document. Your passport and your INS Form I-94 (Arrival-Departure Record)
proves that you may work in the United States. Please see 8
CFR 274a.12(b), which provides a full list of the categories of people
who do not need to apply for an EAD.
How Do I Apply?
You must file an INS
Form I-765 (Application for Employment Authorization) by mail with the INS
Regional Service Center that serves the area where you live. Please read the
entire application carefully and submit the right documents, photos, and fee.
Forms are available by calling 1-800-870-3676, or by submitting a request
through our forms
by mail system. For further information on filing fees, please see INS
filing fees, fee
waiver request procedures, and the INS
fee waiver policy memo. Please see our INS
Field Offices Homepage for more information on INS service centers.
If INS does not approve or deny your Employment Authorization Document
application within 90 days (within 30 days for an asylum applicant; note: asylum
applicants are eligible to file for EADs only after waiting 150 days from the
date they filed their properly completed original asylum applications), you may
request an interim Employment Authorization Document. You must go to your local
INS district office and bring with you proof of your identity and any
documents that INS has sent you about your employment authorization application.
Please click here for more information on INS
field offices.
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. You will not
be allowed to appeal a negative decision to a higher authority.
However, you may submit a motion to reopen or a motion
to reconsider with the office that made the unfavorable decision. By
filing these motions, you may ask the office to reexamine or reconsider their
decision. A motion to reopen must state the new facts that are
to be provided in the reopened proceeding and must be accompanied by affidavits
or other documentary evidence. A motion to reconsider must establish that the
decision was based on an incorrect application of law or INS policy,
and further establish that the decision was incorrect based on the evidence in
the file at the time the decision was made. For more information, please see How
Do I Appeal the Denial of Petition or Application?.
Can Anyone Help Me?
If advice is needed, you may contact the INS District Office near your home for
a list of community-based, non-profit organizations that may be able to assist
you in applying for an immigration benefit. Please see our INS
field offices home page for more information on contacting INS offices.
602.547-0017