Employment Authorization DocumentEdit

The Employment Authorization Document (EAD) is a work permit issued by the United States government that allows certain noncitizens to legally work in the United States for a specified period. It is not a visa or a path to citizenship, but a status-based authorization tied to an individual’s current immigration category or program. The EAD is issued by the United States Citizenship and Immigration Services under the authority of the Immigration and Nationality Act and is typically evidenced by a card that includes the holder’s name, photograph, and the applicable work authorization category.

While the EAD does enable work, it does not, by itself, confer lawful status in the United States. Individuals who hold an EAD may still be in the country on a temporary basis or in a status that requires ongoing compliance with immigration rules. In practice, the EAD serves as a practical bridge for people who are pursuing protection, humanitarian relief, or other lawful pathways to stay and work in the United States.

Overview

An EAD is issued to a select set of noncitizens who have a specific eligibility category that permits employment while their immigration case is pending, under temporary relief programs, or as part of a broader program that grants work authorization. Common groups that may obtain an EAD include asylum seekers and asylees, refugees, recipients of Temporary Protected Status (Temporary Protected Status), and individuals covered by certain humanitarian or family-based programs. Other categories include certain nonimmigrant spouses and dependents, students under specific training programs (such as Optional Practical Training for F-1 students), and others who qualify under statute or administrative policy.

Because the EAD is tied to a particular category, the duration of work authorization varies. The card shows an expiration date, and holders must renew if they remain eligible and wish to continue working. Renewal procedures mirror the initial application process in many respects, and processing times can vary based on category, caseload, and changes in policy or staffing at USCIS. In addition to degrees of authorized work, the EAD is frequently used in conjunction with other immigration documents, such as the I-94, to prove eligibility to work.

Eligibility and categories

Eligibility for an EAD depends on current immigration status or the specific program under which an individual qualifies. Some of the major categories include:

asylum seekers and asylees: individuals who have applied for asylum or have been granted asylum may be eligible for an EAD. This is often a crucial step in allowing them to work while their asylum case is resolved. See Asylum for more background.
refugees and those granted protection: refugees and others who have been granted protection status may receive an EAD to work while their status is stabilized. See Refugee for related information.
Temporary Protected Status (TPS) recipients: nationals of certain countries designated by the government face ongoing conditions (such as armed conflict or environmental disaster) and may obtain EADs while TPS remains in effect. See Temporary Protected Status.
humanitarian and other relief programs: individuals paroled for humanitarian reasons or granted certain humanitarian relief may receive EAD authorization in connection with their status. See Parole and related topics.
DACA recipients: those covered by the Deferred Action for Childhood Arrivals program may receive EADs that enable lawful work in the United States, subject to program terms and limits. See Deferred Action for Childhood Arrivals.
nonimmigrant spouses and dependents: certain spouses and dependents of visa holders may be eligible for an EAD under specific visa categories, such as work-authorized dependents of nonimmigrant workers. See H-4 visa and L-2 visa.
students and specialized programs: particular training or education programs for students (e.g., post-completion employment under OPT for F-1 students) may allow an EAD. See Optional Practical Training.

Each category has its own statutory or regulatory basis, and eligibility can require evidence such as proof of identity, current immigration status, proof of ongoing need for work authorization, and supporting documentation demonstrating the basis for the EAD.

Application process and validity

The typical path to an EAD involves filing Form I-765, Application for Employment Authorization, with USCIS. The form can be filed by mail or electronically in many cases, depending on the applicant’s category and location. Applicants usually must include:

evidence of identity (such as a passport or national ID) and photos
proof of current immigration status (e.g., asylum application receipt, I-94, or other status documents)
documentation specific to the qualifying category (for example, proof of TPS designation, asylum receipt, or student status for OPT)

In some cases, applicants must pay a filing fee; in others, a fee waiver or exemption applies. Special considerations apply for different programs and categories, so applicants should consult the instructions for Form I-765 and USCIS guidance for their situation.

After filing, many categories require biometrics (a background check), at which point USCIS collects fingerprints and other identifying information. Processing times vary with category, workload, and policy changes. When approved, the EAD is issued and sent to the applicant, typically as a plastic card, with an expiration date indicating how long the work authorization remains valid.

It is important to note that an EAD is not a visa and does not by itself confer legal immigration status. It is a separate authorization to work in the United States. Employers use the EAD in conjunction with Form I-9, Employment Eligibility Verification, to verify a new hire’s authorization to work. In addition, certain EAD holders may still be subject to travel restrictions or need advance parole if they plan to travel outside the United States. See I-9 and Advance parole for related topics.

Limitations and enforcement

An EAD provides permission to work, but it does not guarantee permanent status. If underlying immigration status changes or a category is denied, the EAD can be revoked or not renewed. EAD holders must remain compliant with the terms of their status and with any program-specific requirements. For travel, most EAD holders should be mindful that an EAD does not, by itself, authorize international travel; many categories require additional travel authorization, such as Advance parole or the appropriate visa if re-entry is desired.

Employers are obligated to verify employment eligibility through Form I-9, and the presence of an EAD is one piece of that verification. EADs are a potential target for document fraud, so individuals and employers alike rely on the accuracy of the information on the card and the supporting records. USCIS and other authorities periodically update policies, forms, and procedures to address fraud risk and backlog challenges.

Controversies and policy considerations

The EAD program sits at the center of broader debates about immigration policy, labor markets, and national sovereignty. Supporters emphasize that work authorization reduces exploitation by bringing workers into the formal economy, ensures tax compliance, and helps humanitarian protections function more effectively. From this view, the EAD is a practical, humane tool that supports integration and economic participation for people who are pursuing legitimate protections or relief.

Critics argue that broad or extended work authorization can influence incentives around entry and status, and that it places burdens on border controls and enforcement resources. They contend that the design and scope of EAD categories should carefully balance humanitarian and economic considerations with national sovereignty and security concerns. In particular, some debates focus on how to calibrate eligibility, how to prevent abuse, and how to align EAD policies with other immigration reforms.

Academic and policy discussions also address the administrative costs and processing backlogs in the EAD system. Timely adjudication is important for workers who rely on permission to work, and delays have real-world consequences for families, employers, and communities. These debates often reflect broader views about how open or selective immigration policy should be, how to manage labor markets, and how to align immigration policy with economic and national security priorities.

Within this landscape, it is common to see competing proposals for reform, including adjustments to eligibility criteria, changes to fee structures, tighter verification standards, and targeted expansions or restrictions of work authorization for specific groups. Each proposal raises questions about economic impact, social cohesion, and the administrative capacity of agencies like USCIS to implement policy changes effectively.