Non-citizens seeking employment authorization in the US must submit Form I-765, Application for Employment Authorization, along with a copy of their passport, current visa, and proof of their immigration status. Supporting documents often include Form I-94, Arrival/Departure Record, and any prior Employment Authorization Documents (EADs). Specific eligibility categories may require additional evidence such as a pending asylum application, DACA approval, or TPS documentation.
What Documents Does a Non-Citizen Need for Employment Authorization in the US?
| Number | Name | Description |
|---|---|---|
| 1 | EAD (Employment Authorization Document) Combo Card | Non-citizens seeking employment authorization in the US typically require an Employment Authorization Document (EAD), commonly known as the Combo Card, which combines employment and advance parole authorization in one card. To obtain an EAD Combo Card, applicants must submit Form I-765 along with supporting evidence such as proof of immigration status, a copy of the pending adjustment of status application (Form I-485), and valid identity documents through the USCIS. |
| 2 | Form I-765 Filing Category Codes | Non-citizens seeking employment authorization in the US must submit Form I-765 with the appropriate filing category code, such as (C)(33) for Deferred Action for Childhood Arrivals (DACA) or (C)(9) for Adjustment of Status applicants; accurate code selection is essential for processing. Other required documents often include a copy of the applicant's current visa, Form I-94, and evidence supporting eligibility under the specific category code. |
| 3 | C33 Category (DACA-specific EAD) | Non-citizens applying for employment authorization under the C33 category, specific to DACA recipients, must submit Form I-821D (Consideration of Deferred Action for Childhood Arrivals) along with Form I-765 (Application for Employment Authorization), and provide evidence of identity, continuous residence in the U.S., and proof of DACA approval. These documents ensure eligibility for the two-year renewable Employment Authorization Document (EAD) under the C33 category issued by USCIS. |
| 4 | TPS-Based EAD (Temporary Protected Status) | Non-citizens applying for employment authorization under Temporary Protected Status (TPS) must submit Form I-765 along with evidence of their TPS designation, such as the USCIS approval notice and valid identification documents like a passport or national ID. Supporting documentation may also include prior Employment Authorization Documents (EADs) and proof of continuous residence and physical presence in the United States. |
| 5 | STEM OPT Extension EAD | Non-citizens applying for employment authorization under the STEM OPT Extension must submit Form I-765 along with their valid Form I-20 endorsed by the designated school official, a copy of their passport, current EAD card, and proof of their qualifying STEM degree. USCIS requires documentation demonstrating enrollment in a STEM degree program and a signed training plan (Form I-983) from the employer to validate eligibility for the STEM OPT EAD. |
| 6 | Parolee EAD (Humanitarian Parole EAD) | Non-citizens applying for employment authorization in the US under Humanitarian Parole must submit Form I-765 along with evidence of their parole status, such as the Form I-94 indicating parole admission. Supporting documents include a valid passport, a copy of the Humanitarian Parole approval notice, and passport-style photos to complete the Parolee Employment Authorization Document (EAD) application. |
| 7 | Pending Asylum Applicant EAD (Category c08) | A non-citizen with a pending asylum application can apply for an Employment Authorization Document (EAD) under category c08, which requires proof of timely asylum application submission and eligibility. Key documents include a valid Form I-765, a copy of the I-589 asylum application receipt notice, proof of identity such as a passport or government-issued ID, and evidence supporting continuous presence in the United States. |
| 8 | AC21 Portability EAD (Adjustment of Status portability) | Non-citizens seeking employment authorization under the AC21 Portability provision must possess a valid Employment Authorization Document (EAD) linked to their Adjustment of Status (Form I-485) application and evidence of a pending I-485 for at least 180 days. Essential documents include the receipt notice for the I-485, the approved I-765 application for EAD, and proof of a qualifying job change related to the same or similar occupational classification. |
| 9 | CAP-Gap Extension EAD (F-1 to H-1B extension) | Non-citizens seeking employment authorization under the CAP-Gap Extension must provide a valid Employment Authorization Document (EAD) issued by USCIS, which extends work authorization for F-1 students transitioning to H-1B status. Required documents include a completed Form I-765, evidence of pending H-1B petition with approved change of status or cap-subject petition, valid F-1 status proof, and an I-20 endorsed for CAP-Gap extension by the designated school official. |
| 10 | I-485 Supplement J (for employment-based green card applicants requiring job offer confirmation) | Non-citizens applying for employment authorization in the US with Form I-485 must include Supplement J to confirm a bona fide job offer from a US employer, which validates their eligibility under employment-based green card categories. Supplement J provides USCIS with essential evidence of the job offer's details, ensuring the applicant's continued eligibility for adjustment of status based on employment. |
Introduction to Employment Authorization for Non-Citizens
Employment authorization allows non-citizens to legally work in the United States. To obtain this authorization, specific documentation must be submitted to the United States Citizenship and Immigration Services (USCIS). These documents verify the individual's identity, immigration status, and eligibility to work.
Overview of Employment Authorization Documents (EAD)
Employment Authorization Documents (EAD) serve as official proof that a non-citizen is permitted to work legally in the United States. This card is issued by the U.S. Citizenship and Immigration Services (USCIS) to eligible applicants.
The EAD is commonly required for individuals on various visa categories, such as asylum seekers, DACA recipients, and certain temporary workers. Applicants must submit Form I-765 along with supporting documentation to demonstrate eligibility. Once approved, the EAD card typically allows employment for a limited period, which can be renewed under specified conditions.
Eligibility Criteria for Non-Citizens
Non-citizens seeking employment authorization in the US must generally demonstrate lawful immigration status and meet specific eligibility criteria set by the United States Citizenship and Immigration Services (USCIS). Essential documents include Form I-765, proof of current non-citizen status such as an approved visa or pending asylum application, and evidence supporting eligibility categories like Temporary Protected Status, DACA, or certain student visa statuses. Employment authorization is granted only to those who fulfill USCIS guidelines, ensuring they are legally permitted to work while residing in the United States.
Types of Employment Authorization Documents
Non-citizens seeking employment authorization in the United States must obtain specific documents to legally work. Understanding the types of Employment Authorization Documents (EAD) is essential for compliance with U.S. immigration laws.
- Employment Authorization Document (Form I-766) - This card proves your eligibility to work in the U.S. and is issued by U.S. Citizenship and Immigration Services (USCIS).
- Arrival-Departure Record (Form I-94) - This document sometimes serves as evidence of legal status, but alone it does not authorize employment.
- Work Visa - Certain non-immigrant visas, like H-1B or L-1, authorize employment without a separate EAD card.
You must ensure possession of the correct document to maintain lawful employment status in the United States.
Required Supporting Documents for EAD Application
What documents does a non-citizen need for employment authorization in the US? Non-citizens applying for an Employment Authorization Document (EAD) must submit specific supporting documents to prove eligibility. These documents verify identity, immigration status, and the right to work in the United States.
Which identity documents are required for an EAD application? Acceptable identity documents include a valid passport, national ID card with a photo, or birth certificate accompanied by a government-issued photo ID. These documents establish the applicant's identity as part of the authorization process.
What proof of immigration status is necessary for employment authorization? Applicants must provide copies of Form I-94, Arrival/Departure Record, or approval notices such as Form I-797. Proof of current lawful immigration status confirms eligibility for the EAD.
Are additional documents needed to demonstrate eligibility for an EAD? Supporting evidence such as an approved asylum application, Temporary Protected Status designation, or a pending adjustment of status application is required. These documents substantiate the applicant's legal basis for requesting employment authorization.
How should applicants prepare their documents for submission? All supporting documents must be clear, legible photocopies unless originals are specifically requested. Organizing documents according to USCIS guidelines helps expedite the EAD application review.
Step-by-Step Guide to Application Process (Form I-765)
Applying for employment authorization in the US requires submitting specific documents along with Form I-765. Follow this step-by-step guide to ensure your application is complete and accurate.
- Gather Required Documents - Include a copy of your current immigration status, passport, and any prior Employment Authorization Documents.
- Complete Form I-765 - Accurately fill out the application form with personal information and category eligibility.
- Submit the Application Package - Mail the completed form, supporting documents, and filing fee to the appropriate USCIS address.
Processing Times and Application Fees
Non-citizens seeking employment authorization in the US must submit Form I-765 along with supporting identity and immigration status documents. The processing time for these applications typically ranges from 3 to 5 months, depending on the USCIS service center handling the case.
The application fee for Form I-765 is generally $410, with some categories eligible for a fee waiver. You should check the latest USCIS fee schedule and processing updates to ensure timely submission and avoid delays.
Compliance and Employer Verification (Form I-9)
Non-citizens seeking employment authorization in the US must provide specific documents to comply with federal regulations. Employers are responsible for verifying these documents using Form I-9 to ensure lawful employment eligibility.
- Employment Authorization Document (EAD) - This card proves the non-citizen's legal right to work in the US and must be presented during the I-9 verification process.
- Passport and Form I-94 - A valid non-citizen passport accompanied by the I-94 arrival/departure record confirms identity and authorized work status for certain visa holders.
- Social Security Number (SSN) - While not mandatory for Form I-9, providing an SSN helps employers verify employment authorization through E-Verify and reduces compliance risks.
Renewal, Replacement, and Lost EAD Procedures
| Document Type | Purpose | Key Requirements | Procedure |
|---|---|---|---|
| Employment Authorization Document (EAD) | Proof of employment authorization for non-citizens in the U.S. | Valid passport, Form I-765 application, supporting immigration documents | Apply with U.S. Citizenship and Immigration Services (USCIS); include biometric data if required |
| Renewal of EAD | Extend employment authorization before current EAD expires | File Form I-765 up to 180 days before EAD expiration, copies of current EAD, updated supporting documents | Submit renewal application to USCIS; processing times may vary |
| Replacement of EAD | Request a new EAD due to damage, loss, or theft | Form I-765, proof of identity, explanation of loss or damage, copy of previous EAD if available | File a replacement application with USCIS; pay applicable fees unless exempt |
| Lost EAD Procedures | Report and obtain authorization to work after misplacing the EAD | File Form I-765 with a statement explaining loss, provide identification documents | USCIS processes replacement; keep a copy of the loss report if filed with law enforcement |
What Documents Does a Non-Citizen Need for Employment Authorization in the US? Infographic
