EAD work permit is a concept many people encounter during the immigration process, especially while awaiting a green card. Understanding EAD helps clarify when and who needs this permit. This article explains the EAD work permit and its features.
What is an EAD work permit
An EAD (Employment Authorization Document, Form I-766) is a work permit issued by USCIS, proving that a person is authorized to work lawfully in the United States for a specific period. To apply for an EAD, applicants typically file Form I-765 (Application for Employment Authorization).
An EAD is for people who are not automatically authorized to work under their status and need to apply for permission separately. A typical example is someone with a pending adjustment of status application (Form I-485) seeking a green card, or certain other groups.
Who needs an EAD
Not everyone needs an EAD. Some people are already authorized to work under their status (for example, an H-1B holder can work for the sponsoring employer) and do not need a separate EAD. An EAD is needed by people who must apply for work authorization separately.
A common case requiring an EAD is someone with a pending adjustment of status application (I-485) who wants to work while it is pending. The EAD lets them work lawfully while their green card application has not yet been approved.
Notes on the EAD
An EAD has a specific validity period and is tied to the applicant’s underlying status. If the underlying application (such as the I-485) is withdrawn or denied, the corresponding EAD may become invalid. So the EAD is tied to that person’s pending status.
You should refer to USCIS information on the EAD and information on Form I-765 to understand the EAD and the work permit application process.
Summary
The EAD work permit (Form I-766) is issued by USCIS, allowing certain people to work lawfully when they are not automatically authorized under their status, for example someone with a pending adjustment of status application (I-485). People already authorized to work under their status (such as H-1B holders) do not need an EAD. Note that the EAD has a validity period and is tied to the underlying status.
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References
- USCIS — Employment Authorization Document: https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document
- USCIS — Application for Employment Authorization (Form I-765): https://www.uscis.gov/i-765
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