Work authorization in the United States is one of the most critical—and most confusing—aspects of immigration law. Whether you're waiting for a green card, seeking asylum, or exploring your options, understanding when and how you can legally work is essential to protecting your status and your livelihood.
Key Takeaways
- Work authorization depends on your specific immigration category
- The EAD (Employment Authorization Document) is the most common work permit
- Processing times vary significantly—plan for delays
- Working without authorization can have severe immigration consequences
Understanding Work Authorization
Not everyone in the United States can legally work. Your ability to work depends on your immigration status and, in many cases, having specific documentation that USCIS issues.
There are three main categories of work authorization:
- Inherent Authorization — U.S. citizens and permanent residents can work without any additional permit
- Status-Based Authorization — Certain visa holders (H-1B, L-1, O-1) have work authorization tied to their visa status
- EAD-Based Authorization — Many categories require an Employment Authorization Document (EAD) to work
Who Qualifies for an EAD?
The Employment Authorization Document (Form I-766) is issued to various categories of individuals who are authorized to work in the US. Common categories include:
| Category Code | Description |
|---|---|
| (c)(9) | Adjustment of Status applicants (pending I-485) |
| (c)(8) | Asylum applicants with pending cases |
| (a)(12) | Temporary Protected Status (TPS) holders |
| (c)(10) | Applicants for cancellation of removal or suspension of deportation |
| (c)(26) | Certain H-4 dependent spouses of H-1B workers |
| (a)(5) | Asylees granted asylum |
| (a)(10) | Withholding of deportation or removal granted |
The EAD Application Process
Applying for an EAD involves filing Form I-765, Application for Employment Authorization. The process includes:
- Determine your category — Identify which EAD eligibility category applies to you
- Gather documentation — Prepare the required evidence for your category
- Complete Form I-765 — Fill out the application accurately
- Pay the fee — Or demonstrate eligibility for a fee waiver
- Submit photos and supporting documents — Two passport-style photographs
- Wait for biometrics appointment — Fingerprinting and photo
- Receive your EAD — If approved, it will be mailed to you
"The most common mistake we see is waiting too long to file a renewal. EAD processing times can be unpredictable, and gaps in work authorization can have serious consequences for your employment and immigration status."
Processing Times: Plan Ahead
EAD processing times have been highly variable in recent years. While USCIS has made efforts to reduce backlogs, processing can still take:
- Initial EAD (c)(9) — 3-7 months (when filed with I-485)
- Renewal EAD — 3-12 months depending on category
- Asylum-based EAD (c)(8) — Often 5-8 months or more
Important: Automatic Extensions
Certain EAD categories qualify for automatic extensions of up to 540 days when you file a timely renewal. Check USCIS guidance and the Federal Register to confirm if your category qualifies and what documentation your employer needs.
The Combo Card: EAD + Advance Parole
If you have a pending I-485 (adjustment of status) application, you may receive a "combo card" — a single document that serves as both your EAD (work authorization) and Advance Parole (travel authorization). This is issued on Form I-766 with the notation "Serves as I-512 Advance Parole."
The combo card simplifies your documentation and allows you to both work and travel internationally while your green card is pending.
Common Mistakes to Avoid
1. Working Without Authorization
Unauthorized employment can have severe consequences:
- Denial of future immigration benefits
- Bars to adjustment of status
- Potential grounds for removal
- Challenges with future visa applications
2. Letting Your EAD Expire
Don't wait until the last minute to renew. File your I-765 renewal application at least 180 days before your current EAD expires to maximize your chance of avoiding a gap in authorization.
3. Not Following Up
USCIS cases sometimes get delayed or lost. Create an online account, track your case status, and don't be afraid to make inquiries if processing exceeds normal timeframes.
4. Using the Wrong Category
Each EAD category has specific requirements. Using the wrong category code or failing to provide required evidence for your category will result in delays or denial.
What Your Employer Needs to Know
When you receive your EAD, you'll need to present it to your employer for Form I-9 verification. Your employer should:
- Verify the document appears genuine and relates to you
- Record the document information on Form I-9
- Note any expiration dates and reverify when needed
- Accept automatic extension documentation when applicable
Questions About Your Work Authorization?
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DACA Recipients
Deferred Action for Childhood Arrivals (DACA) recipients receive work authorization as part of their DACA grant. The EAD is issued for the same period as the deferred action (currently two years). Renewal must be filed well in advance due to processing times.
Asylum Seekers
Asylum applicants may apply for an EAD 150 days after filing a complete asylum application if no decision has been made (the "EAD clock" must be running). This rule has changed over time, so verify current requirements.
H-4 EAD Holders
Certain H-4 spouses of H-1B workers who have approved I-140 petitions or are in certain stages of the green card process may be eligible for EADs. This category has been subject to policy changes, so verify current eligibility.
Frequently Asked Questions
Can I work while my EAD is pending?
Generally, no—unless you have another form of valid work authorization or your category qualifies for an automatic extension while your renewal is pending.
What if my EAD is lost or stolen?
File Form I-765 for a replacement card. You'll need to indicate it's a replacement and provide a copy of any police reports if stolen.
Can I change jobs with an EAD?
Yes, in most cases. EADs based on pending adjustment of status generally allow you to work for any employer. However, some EAD categories are employer-specific.
What's the difference between an EAD and a work visa?
Work visas (H-1B, L-1, etc.) are status-specific and typically tied to a particular employer. An EAD is a document that proves work authorization and is often more flexible regarding employers.
Disclaimer: This article is for general information only and is not legal advice. Every case is fact-specific. For legal advice regarding your specific situation, consult with a licensed immigration attorney.