An immigrant needs several key documents to obtain a Work Authorization (EAD), including a completed Form I-765, Proof of immigration status such as a visa or approval notice, and a valid government-issued photo ID like a passport. Supporting evidence may include a copy of the receipt notice for a pending application, employment offer letters, or eligibility category documents depending on the immigrant's status. Providing these documents ensures USCIS can verify identity, eligibility, and authorization for employment in the United States.
What Documents Does an Immigrant Need for Work Authorization (EAD)?
| Number | Name | Description |
|---|---|---|
| 1 | Form I-766, Employment Authorization Document (EAD card) | Form I-766, the Employment Authorization Document (EAD card), is the primary document immigrants must obtain to legally work in the United States; it serves as proof of authorized employment. Immigrants must submit Form I-765 along with supporting identification documents and evidence of their immigration status to receive the Form I-766. |
| 2 | Form I-765, Application for Employment Authorization | Form I-765, Application for Employment Authorization, serves as the primary document an immigrant must submit to request an Employment Authorization Document (EAD). Supporting identification documents required typically include a copy of the immigrant's current immigration status, passport, previous EAD (if applicable), and two passport-sized photos. |
| 3 | Form I-797C, Notice of Action (Receipt/Approval Notice) | Form I-797C, Notice of Action, serves as essential proof of application receipt or approval when applying for an Employment Authorization Document (EAD), confirming the immigrant's pending or approved status with USCIS. This document, along with a valid passport and Form I-765, is crucial for verifying identity and eligibility during the EAD application process. |
| 4 | Valid Passport | A valid passport is a crucial document for immigrants applying for an Employment Authorization Document (EAD), serving as primary proof of identity and nationality required by U.S. Citizenship and Immigration Services (USCIS). It must be unexpired and verifiable to support eligibility and facilitate processing of the work authorization application. |
| 5 | Form I-94, Arrival/Departure Record | An immigrant needs to provide Form I-94, Arrival/Departure Record, as a key document when applying for a Work Authorization (EAD) to prove lawful entry and authorized stay in the United States. This form contains critical details such as admission date, class of admission, and authorized period of stay, which are essential for U.S. Citizenship and Immigration Services (USCIS) to validate eligibility for employment authorization. |
| 6 | Permanent Resident Card (Green Card, Form I-551) | The Permanent Resident Card (Green Card, Form I-551) serves as a critical document for immigrants applying for work authorization, proving lawful permanent residency and employment eligibility in the United States. This card must be presented to employers as part of the Form I-9 process to verify identity and authorization to work, ensuring compliance with U.S. Citizenship and Immigration Services (USCIS) regulations. |
| 7 | Form I-512, Advance Parole Document | Form I-512, also known as the Advance Parole Document, serves as crucial identification for immigrants seeking work authorization (EAD) by allowing lawful re-entry into the United States without forfeiting their pending adjustment of status application. This document must be presented alongside the Employment Authorization Document to validate the immigrant's legal permission to work and travel. |
| 8 | Form I-20, Certificate of Eligibility for Nonimmigrant Student Status (with work authorization endorsement for students) | Immigrants seeking work authorization through Form I-20 must present the Certificate of Eligibility for Nonimmigrant Student Status, which includes a valid work authorization endorsement from the designated school official. This endorsement is crucial for students applying for an Employment Authorization Document (EAD), confirming their eligibility to work in the United States legally. |
| 9 | DS-2019, Certificate of Eligibility for Exchange Visitor Status (with work authorization endorsement for J-1 holders) | Immigrants seeking work authorization (EAD) must provide the DS-2019, Certificate of Eligibility for Exchange Visitor Status, specifically for J-1 visa holders, with a work authorization endorsement. This document verifies the applicant's legal status and eligibility to work in the United States under the J-1 Exchange Visitor Program. |
| 10 | Asylum Approval Notice or Asylum Card (Form I-730) | An immigrant seeking work authorization (EAD) must provide proof of asylum status, such as an Asylum Approval Notice or an Asylum Card (Form I-730), as key supporting documents. These documents verify the applicant's eligibility and grant permission to work legally in the United States while their asylum claim is processed or approved. |
| 11 | Refugee Travel Document | Refugees applying for a Work Authorization Document (EAD) must submit their valid Refugee Travel Document, which serves as proof of identity and legal status in the United States. This document, issued by USCIS or the relevant authorities, verifies refugee status and supports eligibility for employment authorization. |
| 12 | Temporary Protected Status (TPS) Approval Notice | Immigrants applying for a Work Authorization Document (EAD) under Temporary Protected Status (TPS) must submit their TPS Approval Notice (Form I-797) as a primary document to prove their eligibility. This notice serves as official evidence from the U.S. Citizenship and Immigration Services (USCIS) confirming the applicant's approved TPS status, which is essential for obtaining work authorization. |
| 13 | DACA Approval Notice (Deferred Action for Childhood Arrivals) | The DACA Approval Notice is a critical document required for obtaining an Employment Authorization Document (EAD) as it verifies the recipient's deferred action status under the Deferred Action for Childhood Arrivals program. This notice must accompany other identification documents such as a government-issued photo ID or passport when applying for work authorization with U.S. Citizenship and Immigration Services (USCIS). |
| 14 | Social Security Card (with valid work authorization annotation) | Immigrants applying for a Social Security Card must present valid work authorization documents such as an Employment Authorization Document (EAD) to prove eligibility for employment in the U.S. The Social Security Card with a valid work authorization annotation enables immigrants to legally work and access social benefits. |
| 15 | State ID or Driver’s License (as secondary identification, not work authorization proof) | Immigrants applying for an Employment Authorization Document (EAD) often need to present a State ID or Driver's License as secondary identification to verify their identity alongside primary documents like passports or visa cards. These government-issued IDs serve as supplementary proof, helping USCIS confirm the applicant's residency and identity during the work authorization process. |
Introduction to Work Authorization Documents
Work authorization documents are essential for immigrants seeking legal employment in the United States. These documents verify the holder's eligibility to work lawfully and include the Employment Authorization Document (EAD).
Your work authorization documents must be current and issued by the United States Citizenship and Immigration Services (USCIS). Common documents include Form I-766, also known as the EAD card, which serves as proof of identity and work authorization.
Understanding the Employment Authorization Document (EAD)
The Employment Authorization Document (EAD) is a critical identification card that allows immigrants to work legally in the United States. It serves as proof of your authorization to work and is issued by the U.S. Citizenship and Immigration Services (USCIS).
To obtain an EAD, immigrants need specific documents such as a completed Form I-765, proof of current immigration status, and government-issued identification. Supporting evidence may include passport copies, visa stamps, or previous work permits, depending on the eligibility category.
EAD Eligibility Criteria for Immigrants
Immigrants seeking a Work Authorization Document (EAD) must meet specific eligibility criteria set by the U.S. Citizenship and Immigration Services (USCIS). Eligible categories include asylum seekers, refugees, DACA recipients, and certain visa holders such as spouses of H-1B visa holders. Proper documentation includes a valid immigration status, a completed Form I-765, and supporting evidence proving eligibility under one of the designated categories.
Types of Work Authorization Categories
What types of work authorization categories are available for immigrants seeking an Employment Authorization Document (EAD)? The most common categories include asylum applicants, DACA recipients, Temporary Protected Status holders, and certain family-based visa holders. Each category requires specific documentation demonstrating eligibility to obtain work authorization.
Required Identification for EAD Application
Immigrants applying for work authorization must submit specific identification documents to verify their eligibility. Proper documentation ensures the application meets U.S. Citizenship and Immigration Services (USCIS) requirements.
- Government-issued photo ID - A valid passport or state ID confirms your identity and nationality.
- Form I-94 Arrival/Departure Record - This document shows your current immigration status and entry information.
- Previous EAD card (if applicable) - Submission of any prior Employment Authorization Document supports continuity of work authorization.
Step-by-Step EAD Application Process
Applying for a Work Authorization Document (EAD) requires submitting specific documents to prove eligibility and identity. Understanding the step-by-step process helps ensure a smooth application experience.
- Form I-765 Submission - Complete and file the Form I-765, Application for Employment Authorization, with the USCIS.
- Proof of Identity - Provide a valid government-issued photo ID, such as a passport or national ID card.
- Supporting Eligibility Documents - Submit evidence that supports your immigration status, such as an I-94, visa, or approval notice.
Your careful preparation of these documents accelerates the work authorization approval process.
Supporting Documents for EAD Submission
| Document Type | Description | Purpose |
|---|---|---|
| Form I-765 | Application for Employment Authorization | Primary form for requesting an Employment Authorization Document (EAD) |
| Copy of Current Immigration Status | Includes valid visa, Form I-94, or other USCIS documents | Proof of lawful presence and eligibility for work authorization |
| Proof of Identity | Valid government-issued photo identification such as passport, state ID, or driver's license | Confirms the applicant's identity |
| Passport-Sized Photographs | Two identical color photos meeting USCIS specifications | Required for identity verification and document processing |
| Previous EAD (if applicable) | Copy of any prior Employment Authorization Documents | Verification of work authorization history |
| Supporting Evidence for Eligibility Category | Documents showing eligibility under specific categories such as asylum, DACA, TPS, or family-based petitions | Confirms applicant qualifies under one of the USCIS-approved categories for EAD |
| Filing Fee or Fee Waiver Request | Payment or documented request for fee waiver as per USCIS guidelines | Ensures application processing compliance |
Common Issues and EAD Application Denials
Immigrants seeking work authorization (EAD) must submit specific documents to prove eligibility. Common documents include a Form I-765, a government-issued ID, and proof of current immigration status.
Common issues arise when applicants submit incomplete or incorrect forms, missing signatures, or outdated identification. Denials often occur due to failure to establish eligibility categories or submit required supporting evidence. Ensuring accurate and thorough documentation reduces the risk of application rejection.
Renewing or Replacing an EAD
Immigrants seeking to renew or replace their Employment Authorization Document (EAD) must submit Form I-765, Application for Employment Authorization. Required documents include a copy of the current or expired EAD, a government-issued photo ID such as a passport or state ID, and proof of eligibility basis like a pending or approved immigration status. Accurate and complete documentation ensures timely processing for continuous legal work authorization in the United States.
What Documents Does an Immigrant Need for Work Authorization (EAD)? Infographic
