Employers in the U.S. must ensure that all persons employed by them have permission to work. One-way employers can identify authorization to work for foreign nationals is through a card issued by United States Citizen and Immigration Services (USCIS). The card has many names and is commonly referred to as the Employment Authorization Document (EAD).
To be approved for an EAD one must have an underlying status or visa to qualify. Below is a list of common statuses or visas that qualify for an EAD:
- Anyone who has a pending adjustment of status application
- Someone who is applying for or has been granted asylum
- Refugees
- Temporary protected status applicant
- J-1 visa holders and spouses
- F-1 students
- Eligible dependents of employees of Diplomatic Missions, International Organization, or NATO
For visa categories such as the H1B, E-1, E-2, O-1, an EAD is not required because your visa gives you the ability to work. Your authorization is granted through the company or agent you work for (the sponsor). For some visa types, your spouse may qualify for work authorization as well.
Depending on your status or visa, the card issued maybe valid from one to four years. The time it takes USCIS to process the application can take from 3 months to two years, this depends on where the petition is being mailed to and what the underlying status is.
Many applicants will pay a filing fee, which is $410 as of September 2022. In certain categories there is an additional fee for a biometric background check. For some statuses such as the asylum category, refugees, U or T visa, and VAWA, no fee is required.
In addition to an EAD, the Social Security Administration will issue you a Social Security number. A social security number is a unique number used to identify a person in the U.S. The number is connected to you and your income throughout the year and the social security number will be necessary to file your income taxes. For persons born in the U.S., they are assigned at birth. A social security number will follow you regardless of your status or visa change.
The EAD by itself does not give you permission to travel outside of the U.S. In order to travel internationally you will need a valid visa or a valid advance parole document.
As a Legal Permanent Resident, also known as the ‘green card’, you will no longer need an EAD to prove you can legally work. The green card will serve as your proof of work authorization.
