Immigrants must present specific documents to obtain employment authorization, including a valid Form I-766, Employment Authorization Document (EAD), issued by U.S. Citizenship and Immigration Services (USCIS). Supporting documents such as a passport, Form I-94 Arrival/Departure Record, and proof of status like a visa or asylum approval letter may also be required for verification. Employers use these documents to verify eligibility to work in the United States under federal law.
What Documents Does an Immigrant Need for Employment Authorization?
| Number | Name | Description |
|---|---|---|
| 1 | Form I-766, Employment Authorization Document (EAD) | Immigrants must possess Form I-766, the Employment Authorization Document (EAD), as primary evidence to legally work in the United States, which verifies their eligibility to be employed. The EAD includes key personal information, photograph, and validity dates, serving as proof of identity and authorization for employers throughout its validity period. |
| 2 | Form I-765, Application for Employment Authorization | Form I-765, Application for Employment Authorization, requires immigrants to submit proof of identity, such as a passport or government-issued ID, along with supporting evidence like Form I-94, visa status documents, and any prior Employment Authorization Documents (EADs). This application is essential for obtaining legal authorization to work in the United States while maintaining valid immigration status. |
| 3 | Permanent Resident Card (Green Card, Form I-551) | Employers require immigrants to present a Permanent Resident Card (Green Card, Form I-551) as primary evidence of employment authorization and identity under Form I-9 verification. This card proves lawful permanent resident status and allows the holder to work legally in the United States without restrictions. |
| 4 | Form I-94, Arrival/Departure Record | Form I-94, Arrival/Departure Record, serves as a critical document for immigrants to establish their lawful status and eligibility for employment authorization in the U.S.; it records the date of entry, visa status, and authorized duration of stay. Employers rely on Form I-94 along with other USCIS-issued documents to verify an immigrant's legal right to work under the Immigration and Nationality Act. |
| 5 | Form I-797, Notice of Action (Approval Notice) | Form I-797, Notice of Action (Approval Notice) serves as critical documentation for immigrants to verify their employment authorization status with U.S. Citizenship and Immigration Services (USCIS). This approval notice confirms receipt and acceptance of the employment authorization application, enabling authorized work while awaiting the official Employment Authorization Document (EAD) card. |
| 6 | Passport | A valid passport is a crucial document for immigrants applying for employment authorization, serving as primary proof of identity and nationality. It must be current and unexpired to be accepted by U.S. Citizenship and Immigration Services (USCIS) when submitting Form I-765 for an Employment Authorization Document (EAD). |
| 7 | Visa Stamp (U.S. Visa Page) | The U.S. Visa Page, featuring the visa stamp, is a critical document required for employment authorization, verifying an immigrant's legal entry status and eligibility to work in the United States. This visa stamp includes essential information such as visa type, issuance date, and expiration, which employers and immigration authorities use to confirm valid work authorization. |
| 8 | Social Security Card | An immigrant needs a valid Social Security card, which verifies their Social Security Number (SSN) essential for employment authorization and tax reporting. This card, issued by the Social Security Administration, must be accompanied by documents such as an Employment Authorization Document (EAD) or other acceptable immigration status proofs to establish eligibility to work in the United States. |
| 9 | Employment-based Visa Documentation (e.g., H-1B, L-1 Approval Notice) | Immigrants seeking employment authorization with an employment-based visa must provide specific documentation such as the H-1B Approval Notice (Form I-797) or the L-1 Approval Notice, which serve as proof of their visa status and permission to work legally in the United States. These documents are essential for completing the Form I-9 and obtaining an Employment Authorization Document (EAD), ensuring compliance with U.S. Citizenship and Immigration Services (USCIS) requirements. |
| 10 | Refugee Travel Document | Refugees applying for employment authorization must present a valid Refugee Travel Document, issued under Form I-571, as proof of identity and immigration status. This document, combined with Form I-765, enables the refugee to legally obtain an Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS). |
| 11 | Asylum Approval Letter | An immigrant seeking employment authorization must submit an Asylum Approval Letter as a critical document to prove their eligibility, which verifies their approved asylum status granted by the United States Citizenship and Immigration Services (USCIS). This letter supports the application for an Employment Authorization Document (EAD), demonstrating the individual's legal right to work while their asylum claim is processed or approved. |
| 12 | Temporary Protected Status (TPS) Approval Notice | An immigrant applying for employment authorization under Temporary Protected Status (TPS) must submit their TPS Approval Notice (Form I-797) as primary evidence of their eligibility. This document verifies their lawful status and is essential for obtaining an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS). |
| 13 | DACA Approval Notice (Deferred Action for Childhood Arrivals) | The DACA Approval Notice serves as critical proof of deferred action status, enabling eligible immigrants to apply for an Employment Authorization Document (EAD) with U.S. Citizenship and Immigration Services (USCIS). This notice, alongside Form I-765 and valid identification, is essential for establishing lawful employment eligibility in the United States. |
| 14 | Advance Parole Document | Immigrants seeking employment authorization often need an Advance Parole Document to re-enter the United States without jeopardizing their immigration status. This document permits travel abroad while an adjustment of status application is pending, ensuring continuous eligibility for work authorization. |
| 15 | Foreign National Identification Card | A Foreign National Identification Card serves as a crucial document for immigrants seeking employment authorization, validating identity and legal status in the host country. Employers rely on this card to verify work eligibility under employment laws like the Immigration Reform and Control Act (IRCA). |
| 16 | State-Issued ID Card | A valid State-Issued ID Card, such as a driver's license or identification card from the Department of Motor Vehicles (DMV), serves as primary proof of identity when applying for employment authorization. This card must be current, contain a photograph, and match the applicant's personal information on other immigration documents to ensure compliance with U.S. Citizenship and Immigration Services (USCIS) requirements. |
| 17 | Birth Certificate with Translation (if required) | Immigrants seeking employment authorization typically need an original or certified copy of their birth certificate, accompanied by a certified translation if the document is not in English, to verify identity and citizenship details. Providing a complete, accurate birth certificate with translation ensures timely processing and compliance with U.S. Citizenship and Immigration Services (USCIS) requirements. |
Introduction to Employment Authorization Documents (EAD)
Employment Authorization Documents (EAD) are essential for immigrants seeking legal employment in the United States. These documents serve as proof that you have the right to work while your immigration status is being processed.
- Purpose of an EAD - An EAD grants temporary work authorization to eligible immigrants.
- Application Process - Immigrants must apply through U.S. Citizenship and Immigration Services (USCIS) to obtain an EAD.
- Validity Period - EADs are typically valid for one to two years and can be renewed based on immigration status.
Importance of Proper Identification for EAD Applications
Proper identification is essential for Employment Authorization Document (EAD) applications to verify the immigrant's identity and immigration status. Key documents include a valid passport, Form I-94, and previous EAD if applicable. Accurate identification ensures timely processing and compliance with U.S. Citizenship and Immigration Services (USCIS) requirements.
Eligibility Criteria for EAD Applicants
Immigrants seeking employment authorization must provide specific documents proving their eligibility. The U.S. Citizenship and Immigration Services (USCIS) requires evidence that meets established eligibility criteria for issuing an Employment Authorization Document (EAD).
- Proof of Legal Immigration Status - Applicants must submit documentation such as Form I-94 or relevant visas demonstrating their current lawful presence in the United States.
- Valid Eligibility Category - Evidence supporting eligibility under categories like asylum seekers, DACA recipients, or certain nonimmigrant visa holders is necessary.
- Pending Immigration Application - A receipt notice or approval of an underlying immigration petition or application, such as Form I-765 or Form I-485, is required.
Meeting these criteria ensures that applicants qualify for lawful employment authorization within the United States.
Key Identification Requirements for EAD Processing
| Document Type | Description | Purpose in EAD Processing |
|---|---|---|
| Form I-765 | Application for Employment Authorization | Primary form required to apply for an Employment Authorization Document (EAD) |
| Passport | Valid passport from the immigrant's country of origin | Proof of identity and nationality |
| I-94 Arrival/Departure Record | Issued by U.S. Customs and Border Protection (CBP) | Documents lawful entry and current immigration status |
| Previous EAD (if applicable) | Copy of any previously issued Employment Authorization Document | Evidence of prior work authorization |
| Proof of Immigration Status | Examples include Form I-20, DS-2019, or Form I-797 approval notices | Confirms eligibility category for EAD application |
| Two Passport-Style Photographs | Recent color photos meeting USCIS specifications | Used for identification on the EAD card |
| Supporting Evidence for Eligibility Category | Documents such as marriage certificate, asylum approval, or DACA approval | Proof of qualifying status or relationship necessary for EAD approval |
| Filing Fee | Check or money order for the required fee or fee waiver request | Required for processing the application unless exempt |
Accepted Primary Identification Documents
Immigrants seeking employment authorization must provide accepted primary identification documents to verify their identity and immigration status. These documents ensure that employers comply with legal requirements during the hiring process.
Accepted primary identification documents include a valid, unexpired foreign passport with an I-94 arrival/departure record. Additionally, a Permanent Resident Card (Green Card) or an Employment Authorization Document (EAD) is recognized for employment verification purposes.
Alternative Forms of Identification for EAD
Immigrants applying for Employment Authorization Documents (EAD) must provide specific identification documents to verify their identity. When standard forms such as a passport or permanent resident card are unavailable, alternative forms of identification are accepted.
Alternative forms of identification for an EAD application include a foreign national identity card, a driver's license issued by a U.S. state or territory, or a school identification card if the applicant is a student. Other acceptable documents may include a birth certificate, a U.S. military identification card, or a visa issued by the Department of State. These alternatives help ensure that applicants without traditional documents can still demonstrate their identity effectively.
Tips for Gathering Required Documentation
Immigrants seeking employment authorization must gather essential identification and immigration documents carefully. Commonly required documents include a valid passport, Form I-94, and a notice of approval for Form I-765, Application for Employment Authorization.
Organize all paperwork in a secure folder to prevent loss or damage during the application process. Verify each document's validity and expiration dates to ensure compliance with U.S. Citizenship and Immigration Services (USCIS) requirements.
Common Mistakes to Avoid with EAD Identification
Immigrants seeking Employment Authorization Documents (EAD) must submit the correct identification and supporting documents to avoid processing delays. Common mistakes can lead to application denials or requests for additional evidence.
- Submitting Expired Identification - Using expired passports or government-issued IDs can result in rejection of the EAD application.
- Omitting Essential Supporting Documents - Failing to include proof of lawful status or previous EADs impedes the verification process.
- Providing Inconsistent Personal Information - Mismatched names or dates of birth between documents cause confusion and slow down approval.
What to Do if You Lack Standard Identification
What documents does an immigrant need for employment authorization?
An immigrant typically needs a valid Employment Authorization Document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS). Supporting identification, such as a passport or state-issued ID, is also necessary to verify identity and work eligibility.
What should an immigrant do if they lack standard identification for employment authorization?
Immigrants without standard identification can provide alternative documents, including a combination of birth certificates, consular identification cards, or affidavits from employers or community leaders. Filing Form I-765 with USCIS and submitting any available secondary IDs helps establish eligibility while the official process is underway.
What Documents Does an Immigrant Need for Employment Authorization? Infographic
