Employment authorization for non-citizens requires specific documents to verify identity and eligibility. Essential documents typically include a valid passport, Form I-94 (Arrival/Departure Record), and an Employment Authorization Document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS). Supporting materials such as visa status evidence, Form I-765 application, and proof of lawful admission must also be submitted for processing authorization.
What Documents are Needed for Employment Authorization for Non-Citizens?
| Number | Name | Description |
|---|---|---|
| 1 | Receipt Notice (Form I-797C) | Non-citizens applying for employment authorization must submit a Receipt Notice (Form I-797C) as proof that USCIS has received their application for an Employment Authorization Document (EAD). This form verifies the applicant's pending status and is essential for employers to validate work authorization during the application process. |
| 2 | I-765 Approval Notice (Employment Authorization Document Approval) | The I-765 Approval Notice serves as official verification that a non-citizen's application for an Employment Authorization Document (EAD) has been approved, allowing lawful employment in the United States. This document is essential for proving work authorization to employers and must be presented alongside valid identification to comply with Form I-9 requirements. |
| 3 | C33 Category EAD (DACA-specific Employment Authorization) | Employment Authorization Document (EAD) for the C33 category under DACA requires submission of Form I-765, a copy of the previous EAD (if applicable), proof of identity such as a government-issued photo ID, and evidence of DACA approval including Form I-821D and receipt notices. Supporting documents must also include two passport-style photos and proof of continuous residence in the United States since the DACA eligibility date. |
| 4 | EAD Combo Card (Employment and Advance Parole) | The EAD Combo Card serves as both an Employment Authorization Document and Advance Parole, allowing eligible non-citizens to work and re-enter the U.S. without a visa; applicants must submit Form I-765, a copy of the Form I-94, passport photos, and proof of their eligibility category. Supporting documents also include a government-issued identification and the Form I-797C receipt notice confirming the application submission. |
| 5 | STEM OPT EAD (F-1 Visa STEM Extension Authorization) | To obtain employment authorization for the STEM OPT EAD under the F-1 visa STEM extension, non-citizens must submit Form I-765 (Application for Employment Authorization) along with a copy of their current OPT EAD card, Form I-20 endorsed by the designated school official for STEM OPT, and proof of STEM degree eligibility such as transcripts or diploma. Supporting documents also include a valid passport, a recent passport-sized photo, and evidence of the employer's E-Verify participation. |
| 6 | TPS EAD (Temporary Protected Status Employment Authorization) | To obtain a Temporary Protected Status Employment Authorization Document (TPS EAD), non-citizens must submit Form I-765, a copy of their approved TPS designation notice (Form I-797), valid government-issued identification, and proof of TPS eligibility such as evidence of continuous physical presence or nationality from a designated TPS country. USCIS may also require supporting documentation like previous EADs or biometric appointment notices to verify identity and work authorization eligibility. |
| 7 | Asylum Pending EAD (C8 Category Authorization) | To obtain employment authorization under the Asylum Pending EAD (C8 category), non-citizens must submit Form I-765 along with a copy of their Form I-589, Application for Asylum and for Withholding of Removal, as proof of pending asylum status. Supporting documents include a government-issued photo ID, such as a passport or state ID, and two passport-style photos to complete the application process. |
| 8 | PAROLEE EAD (Humanitarian Parole Status Work Authorization) | Non-citizens applying for Employment Authorization Document (EAD) under humanitarian parole status (parolee EAD) must submit Form I-765 along with evidence of their parole, such as Form I-94 showing parole admission, and documents proving identity and eligibility. Supporting materials include a valid passport, two passport-style photos, and a copy of the grant of parole notice, which establishes the legal basis for work authorization. |
| 9 | VAWA-based EAD (Violence Against Women Act Petition Work Permit) | To obtain a VAWA-based Employment Authorization Document (EAD), non-citizens must submit Form I-765 along with evidence of an approved or pending VAWA petition, such as Form I-360. Supporting documents include proof of identity (passport or government-issued ID), a passport-style photo, and documentation demonstrating eligibility under the Violence Against Women Act provisions. |
| 10 | DED EAD (Deferred Enforced Departure Employment Authorization) | Non-citizens applying for Deferred Enforced Departure (DED) Employment Authorization must submit Form I-765, a copy of the DED designation notice from the Department of State, evidence of identity (such as a passport or government-issued ID), and proof of previous employment authorization if applicable. Supporting documents may also include Form I-94 showing admission or parole status and two passport-style photographs to complete the DED EAD application process. |
Introduction to Employment Authorization for Non-Citizens
Employment authorization allows non-citizens legal permission to work in the United States. Understanding the required documents is essential for a smooth application process.
- Employment Authorization Document (EAD) - A card issued by USCIS proving the non-citizen's right to work legally.
- Proof of Identity - Valid passports or government-issued IDs establish the applicant's identity and immigration status.
- Immigration Status Documentation - Forms like I-94, visa approval notices, or asylum documents verify the individual's eligibility to apply for work authorization.
What is an Employment Authorization Document (EAD)?
An Employment Authorization Document (EAD) is an official work permit issued to non-citizens allowing legal employment in the United States. It serves as proof of the holder's eligibility to work during the authorized period.
- Issued by USCIS - The U.S. Citizenship and Immigration Services is responsible for issuing the EAD.
- Valid for specific timeframes - EADs have expiration dates that correspond to the authorized period for work eligibility.
- Required for many visa categories - Non-citizens on certain visas or immigration statuses must obtain an EAD to work legally.
An EAD is a critical document demonstrating employment authorization for non-citizens in the United States.
Who Needs an Employment Authorization Document?
Non-citizens seeking to work legally in the United States require an Employment Authorization Document (EAD). This document serves as proof of permission to work issued by the U.S. Citizenship and Immigration Services (USCIS).
Individuals such as asylum seekers, certain visa holders, and Temporary Protected Status (TPS) beneficiaries need to apply for an EAD. Not all non-citizens require an EAD; lawful permanent residents and certain visa categories are exempt.
Eligibility Criteria for EAD Applicants
Employment Authorization for Non-Citizens requires specific documents to verify eligibility. Documents include Form I-765, a valid passport, and evidence supporting your eligibility category, such as a pending asylum application or an approved job offer. Proof of your current immigration status and any prior employment authorizations may also be necessary.
Key Documents Required for EAD Application
When applying for Employment Authorization as a non-citizen, key documents are essential to verify your eligibility. The primary document required is Form I-765, Application for Employment Authorization, completed and signed correctly.
Supporting evidence includes a copy of your current immigration status document, such as Form I-94 or a visa. Proof of identity, typically a government-issued photo ID, and any prior Employment Authorization Documents must also be submitted.
Step-by-Step EAD Application Process
| Step | Description | Required Documents |
|---|---|---|
| 1. Determine Eligibility | Identify the category under which You qualify for an Employment Authorization Document (EAD). | Proof of qualifying status (e.g., Form I-94, visa documentation) |
| 2. Complete Form I-765 | Fill out the Application for Employment Authorization with accurate personal and eligibility information. | Completed Form I-765, signed and dated |
| 3. Gather Supporting Evidence | Collect documentation to prove eligibility and identity. |
|
| 4. Pay Filing Fee | Include the appropriate filing fee or fee waiver request. | Payment via check or money order or Form I-912 for fee waiver |
| 5. Submit Application Package | Send the completed Form I-765, supporting documents, and payment to the USCIS address specific to Your category. | Complete application packet mailed to USCIS |
| 6. Receive Receipt Notice | USCIS issues Form I-797C confirming receipt of the application. | Form I-797C receipt notice |
| 7. Attend Biometrics Appointment | Provide fingerprints and photographs as requested by USCIS. | Appointment notice and valid photo ID |
| 8. Await Adjudication | USCIS reviews the application and supporting evidence. | No additional documents required unless requested by USCIS |
| 9. Receive EAD | Upon approval, the Employment Authorization Document is mailed. | Final EAD card |
Filing Form I-765: Essential Information
Filing Form I-765 requires submitting specific documents to prove eligibility for employment authorization as a non-citizen. Understanding which documents to include can streamline the application process and improve approval chances.
- Completed Form I-765 - This is the official application form for requesting employment authorization from USCIS.
- Proof of Identity - Valid government-issued identification such as a passport or national ID card must be provided to verify your identity.
- Supporting Eligibility Documents - Documents like your current visa, Form I-94, or an approval notice demonstrating your legal status are required to establish your eligibility for work authorization.
Processing Times and Application Fees
To obtain employment authorization for non-citizens, you must submit Form I-765 along with supporting documents such as a copy of your current visa, passport, and any prior employment authorization documents. Processing times vary by USCIS service center but generally range from 3 to 7 months. Application fees depend on the eligibility category but typically cost $410, with fee waivers available for certain applicants.
Renewal and Replacement of EAD
Non-citizens seeking to renew or replace their Employment Authorization Document (EAD) must submit specific documents to the United States Citizenship and Immigration Services (USCIS). These documents verify identity, eligibility, and current immigration status.
For renewal, applicants need a completed Form I-765, a copy of their current EAD, and proof of eligibility such as an immigration status or employment authorization category. Replacement requests require the same Form I-765, evidence of the lost, stolen, or damaged EAD, and identification documents like a passport or government-issued ID. Supporting documents may vary depending on the immigration classification and reason for replacement.
What Documents are Needed for Employment Authorization for Non-Citizens? Infographic
