Non-US citizens need to provide specific documents for employment authorization, including a valid Employment Authorization Document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS) or a visa that permits work in the United States. Supporting documents such as a passport, Form I-94, and proof of immigration status may also be required to verify identity and eligibility. Employers typically verify these documents through the Form I-9 process to ensure compliance with federal employment laws.
What Documents Does a Non-US Citizen Need for Employment Authorization?
| Number | Name | Description |
|---|---|---|
| 1 | Form I-766, Employment Authorization Document (EAD) | Non-US citizens require the Form I-766, known as the Employment Authorization Document (EAD), to legally work in the United States; this card serves as proof of employment authorization issued by the U.S. Citizenship and Immigration Services (USCIS). The EAD allows eligible non-citizens, such as visa holders and asylum applicants, to obtain jobs, verify employment eligibility, and receive social security benefits while working. |
| 2 | Form I-688A, Employment Authorization Card (older version) | Non-US citizens seeking employment authorization may need to present Form I-688A, the older version of the Employment Authorization Card, which verifies legal permission to work in the United States. This card contains essential information such as the cardholder's name, alien registration number, and validity period, serving as proof of authorized employment status. |
| 3 | Form I-688B, Employment Authorization Card (older version) | Non-US citizens seeking employment authorization may present Form I-688B, the older version of the Employment Authorization Card, as proof of legal work eligibility in the United States. This card contains key information such as the individual's name, alien registration number, and validity dates, confirming their authorized employment period. |
| 4 | Form I-512, Advance Parole Document | Non-US citizens must present Form I-512, Advance Parole Document, to obtain employment authorization, allowing lawful reentry to the United States after travel abroad without affecting their immigration status. This document serves as evidence of permission to work and reentry, and is critical alongside other employment authorization documents like the Employment Authorization Document (EAD). |
| 5 | Form I-551, Permanent Resident Card (Green Card) | Non-US citizens seeking employment authorization primarily require the Form I-551, Permanent Resident Card, which serves as evidence of their lawful permanent resident status and work eligibility in the United States. This green card allows holders to legally work for any employer and eliminates the need for additional employment authorization documents. |
| 6 | Foreign Passport with Form I-94 indicating work authorization | A non-US citizen must present a valid foreign passport alongside Form I-94, which confirms their work authorization status, for employment eligibility verification. The I-94 form typically includes the admission class and the authorized period of stay, demonstrating permission to work legally in the United States. |
| 7 | Form I-20 with DSO endorsement (for F-1 Students with OPT/CPT) | Form I-20 with a Designated School Official (DSO) endorsement is essential for F-1 students seeking employment authorization through Optional Practical Training (OPT) or Curricular Practical Training (CPT), serving as primary evidence of their legal student status and permission to work. Employers require this endorsed Form I-20 alongside other documents such as Form I-765 approval for OPT or a valid CPT authorization to verify the student's eligibility to work in the United States. |
| 8 | Form DS-2019 with sponsor letter (for J-1 Exchange Visitors with work authorization) | Non-US citizens applying for employment authorization as J-1 Exchange Visitors must present Form DS-2019 along with a sponsor letter confirming work authorization to verify their legal ability to work in the United States. These documents are essential for securing employment, as they validate the visitor's exchange program status and employer permissions. |
| 9 | Arrival/Departure Record (I-94) with annotation indicating work authorization | Non-US citizens seeking employment authorization must present an Arrival/Departure Record (Form I-94) annotated with a specific endorsement indicating their eligibility to work in the United States. This I-94 annotation serves as official proof of the individual's authorized employment status during their stay. |
| 10 | Employment Authorization approval notice (Form I-797) | Non-US citizens require an Employment Authorization Document (EAD) and the Employment Authorization approval notice (Form I-797) as official proof of their eligibility to work in the United States. The Form I-797 serves as a critical receipt notice from USCIS confirming the approval of the employment authorization application. |
| 11 | Refugee Travel Document | A Refugee Travel Document serves as proof of identity and refugee status, allowing non-US citizens to apply for employment authorization in the United States. This document is essential for verifying eligibility to work and must be presented along with Form I-765, Application for Employment Authorization. |
| 12 | Asylee or Refugee Admission Letter | A non-US citizen with asylee or refugee status must present their Asylee or Refugee Admission Letter as proof of eligibility for employment authorization. This document verifies their legal admission and is essential for obtaining an Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS). |
| 13 | Temporary Protected Status (TPS) Approval Notice | A Non-US citizen applying for employment authorization under Temporary Protected Status (TPS) must present their TPS Approval Notice (Form I-797) as proof of their approved status. This document, along with the Employment Authorization Document (EAD), verifies eligibility to work legally in the United States while TPS is active. |
| 14 | Form N-560/N-561, Certificate of Citizenship (if applicable) | Non-US citizens seeking employment authorization may need to submit Form N-560 or N-561, which are Certificates of Citizenship verifying their status as U.S. citizens or nationals. These documents serve as critical proof for employers to confirm legal eligibility to work in the United States. |
Understanding Employment Authorization Documents (EAD)
Employment authorization documents (EAD) are essential for non-US citizens seeking legal employment in the United States. These documents serve as proof of an individual's eligibility to work within the country under specific immigration statuses.
- Employment Authorization Document (EAD) Card - A government-issued card by USCIS that grants temporary permission to work in the U.S. for eligible non-citizens.
- Form I-765, Application for Employment Authorization - The official form submitted by non-US citizens to request an EAD from U.S. Citizenship and Immigration Services (USCIS).
- Supporting Documentation - Includes proof of immigration status, identity, and eligibility such as visa, passport, or receipt notices required to process the EAD application.
Who Needs an Employment Authorization Document?
Non-US citizens seeking to work in the United States must understand the requirements for employment authorization. Knowing who needs an Employment Authorization Document (EAD) is essential for legal employment.
- Temporary visa holders - Individuals in the U.S. on certain nonimmigrant visas require an EAD to work legally.
- Asylum seekers and refugees - Those granted asylum or refugee status need an EAD to confirm their right to employment.
- Adjustment of status applicants - People applying for permanent residency may need an EAD while their application is processed.
Eligibility Criteria for Non-US Citizens
Non-US citizens must meet specific eligibility criteria to obtain employment authorization in the United States. Employment authorization documents (EAD) validate the legal right to work for eligible non-US individuals.
- Valid Immigration Status - Non-US citizens must hold an immigration status that permits employment, such as asylum seekers, refugees, or certain visa holders.
- Pending or Approved Work Authorization Application - Applicants must have filed or received approval for Form I-765, Application for Employment Authorization.
- Compliance with USCIS Requirements - Eligibility depends on meeting U.S. Citizenship and Immigration Services criteria, including biometric submission and background checks.
Meeting these eligibility criteria allows non-US citizens to obtain the necessary documents for authorized employment in the U.S.
Types of EADs Available
Non-US citizens seeking employment authorization must obtain an Employment Authorization Document (EAD) issued by the United States Citizenship and Immigration Services (USCIS). Various types of EADs are available, including those for asylum seekers, DACA recipients, Temporary Protected Status (TPS) holders, and certain student visa categories like F-1 Optional Practical Training (OPT). Your eligibility for a specific EAD depends on your immigration status and the purpose of your employment authorization.
Required Documentation for EAD Application
Non-US citizens must provide specific documents when applying for Employment Authorization. These documents verify identity and eligibility to work in the United States.
The required documentation for an Employment Authorization Document (EAD) application typically includes a completed Form I-765, a copy of your passport, and proof of your current immigration status. Evidence supporting eligibility category, such as an approved Form I-797 notice, is also necessary. Additionally, two passport-sized photos and any previous EADs, if applicable, should be submitted to fulfill the application requirements.
Step-by-Step EAD Application Process
Non-US citizens seeking employment authorization must complete the Employment Authorization Document (EAD) application process. Key documents include Form I-765, a copy of the current immigration status, and supporting evidence such as a passport, visa, or previous EAD if applicable. Submitting accurate and complete documents to the United States Citizenship and Immigration Services (USCIS) is essential for timely processing.
Begin the EAD application by filling out Form I-765 accurately, selecting the appropriate eligibility category. Collect supporting documents like a passport photo, a copy of your Form I-94, and proof of your current immigration status. Mail the application package to the designated USCIS address or file online through the USCIS portal.
After submission, USCIS may issue a receipt notice for tracking purposes. Attend any required biometric appointments and respond promptly to requests for additional information. Upon approval, USCIS will mail the EAD card, granting legal authorization to work in the United States.
Filing Form I-765: Essential Guidelines
Non-US citizens seeking employment authorization must file Form I-765, Application for Employment Authorization, with the United States Citizenship and Immigration Services (USCIS). This form allows eligible individuals to request an Employment Authorization Document (EAD), which serves as proof of legal permission to work in the U.S.
When filing Form I-765, applicants must provide supporting documents such as a copy of their current immigration status, a government-issued photo ID, and two passport-style photos. It is important to carefully review the USCIS instructions and include the correct filing fee or fee waiver request to prevent processing delays.
EAD Application Fees and Payment Methods
What documents does a non-US citizen need for employment authorization? You must submit Form I-765, Application for Employment Authorization, along with supporting identification documents. The application requires payment of specific fees to process your Employment Authorization Document (EAD).
How much does the EAD application fee cost? The standard fee for Form I-765 is $410, though certain applicants may qualify for fee waivers or reductions. Fee details and eligibility criteria can vary based on your immigration status and category.
What payment methods are accepted for the EAD application fee? USCIS accepts payment by check, money order, or credit card using Form G-1450. Payments must be made payable to the U.S. Department of Homeland Security to ensure proper processing of your application.
Processing Times and Tracking Your EAD Application
| Document | Description | Processing Times | Tracking Your Application |
|---|---|---|---|
| Form I-765 (Application for Employment Authorization) | Required form to request an Employment Authorization Document (EAD) for non-US citizens. | Typically 3 to 7 months, varying by category and USCIS service center workload. | Track status online via the USCIS Case Status tool using the receipt number. |
| Receipt Notice (Form I-797C) | Official confirmation from USCIS acknowledging receipt of Form I-765. | Received within 2 to 4 weeks after application submission. | Contains a unique receipt number essential for online status tracking. |
| Supporting Documents | Include identity proof, current immigration status evidence, and passport photos. | Processing time depends on the completeness and accuracy of supporting evidence. | Ensure that all documents are submitted to avoid delays monitored through USCIS online updates. |
| Employment Authorization Document (EAD) | Official card that authorizes non-US citizens to work legally in the United States. | Issued after approval of Form I-765, generally within 90 days post-approval notification. | Delivery status can be tracked via USPS tracking if mailed and by checking USCIS account updates. |
What Documents Does a Non-US Citizen Need for Employment Authorization? Infographic
