Employment-based immigrationUnderstanding Employment Authorization Documents (EAD): Who Needs One?

The Employment Authorization Document (EAD), commonly referred to as a work permit, is an important piece of identification issued by the United States Citizenship and Immigration Services (USCIS). It grants non-U.S. citizens and non-permanent residents the legal right to work in the United States for a specified period of time. For many immigrants, the EAD serves as a gateway to financial independence and stability while navigating the complexities of U.S. immigration law. This article provides an in-depth exploration of the EAD, including who qualifies for it, how to apply, the associated work restrictions for visa holders, and USCIS processing times as of March 19, 2025.

 

What is the Employment Authorization Document (EAD)?

 

The EAD, officially known as Form I-766, is a credit card-sized plastic document with advanced security features. It contains the holder’s name, photograph, date of birth, gender, Alien Registration Number (A-Number), country of birth, immigration category, and expiration dates. Unlike a green card, which grants permanent residency and inherent work authorization, the EAD is a temporary authorization tied to an individual’s immigration status or specific circumstances. Its purpose is to provide employers with proof that the holder is legally authorized to work in the U.S. and meets the requirements of Form I-9, Employment Eligibility Verification.

As of March 19, 2025, the EAD remains a cornerstone of U.S. immigration policy, allowing millions of non-citizens to contribute to the economy legally. The document’s validity period varies depending on the applicant’s immigration category, ranging from one to five years, with recent policy changes extending the maximum validity period for certain categories to five years.

 

Who needs an EAD?

 

Not every non-citizen in the U.S. needs an EAD to work. U.S. citizens, lawful permanent residents (green card holders), and certain visa holders with inherent work authorization – such as H-1B, L-1, or O-1 visa holders – do not need an EAD. However, many other immigrants must obtain an EAD in order to work legally. Eligibility for an EAD is outlined in the Code of Federal Regulations (8 CFR §274a.12), which lists over 40 categories of individuals who may qualify. The following are some key groups that typically require an EAD:

1. Asylees and Refugees: Individuals who have been granted asylum or admitted as refugees are eligible for an EAD. Effective September 27, 2023, USCIS increased the maximum validity period for initial and renewal EADs in these categories from two years to five years, reflecting efforts to reduce renewal burdens in the face of processing delays.
2. Adjustment of Status Applicants: Noncitizens who apply for a green card through Form I-485 (Adjustment of Status) may apply for an EAD under category (c)(9). This allows them to work while their application for permanent residence is pending, which can take months or years due to backlogs.
3. Temporary Protected Status (TPS) beneficiaries: Individuals from designated countries with TPS can apply for an EAD to work legally during their authorized stay. Effective January 13, 2025, a final rule permanently extended the automatic extension of EADs for certain TPS renewal applicants from 180 days to up to 540 days to prevent lapses in employment authorization.
4. Students on F-1 visas: F-1 students pursuing Optional Practical Training (OPT) or experiencing severe economic hardship must obtain an EAD. For OPT, the EAD is generally valid for one year, with STEM OPT extensions available for up to a total of 36 months.
5. Dependents of Certain Visa Holders: Spouses and dependents of principal visa holders-such as H-4 (spouses of H-1B holders), L-2 (spouses of L-1 holders), and J-2 (dependents of J-1 exchange visitors)-often need an EAD to work. For example, H-4 spouses became eligible for EADs in 2015 under certain conditions, such as if the H-1B holder has an approved Form I-140 or extended status under the American Competitiveness in the Twenty-First Century Act (AC21).
6. U and V Nonimmigrants: Victims of certain crimes (U visa) or qualifying family members of lawful permanent residents (V visa) may apply for an EAD. Principal U nonimmigrants receive an EAD automatically upon approval, while derivatives must file Form I-765 separately.
7. Deferred Action Recipients: Individuals who have been granted deferred action, such as Deferred Action for Childhood Arrivals (DACA) recipients, may apply for an EAD. As of 2025, approximately 580,000 active DACA recipients rely on EADs to work legally, with renewals required every two years.

These categories represent only a fraction of those eligible. The need for an EAD depends on whether an individual’s immigration status inherently permits employment or requires additional approval from USCIS.

 

How to Apply for an EAD

 

Applying for an EAD involves filing Form I-765, Application for Employment Authorization, with the USCIS. The process is straightforward, but requires careful attention to detail to avoid delays or denials. Here’s a step-by-step guide as of March 19, 2025:

1. Determine eligibility: Confirm your eligibility category according to 8 CFR §274a.12. Each category has specific requirements, such as pending asylum applications or approved immigrant petitions.
2. Complete Form I-765: The form, available on the USCIS website, requires personal information, immigration status details, and the eligibility category code (e.g., (c)(8) for asylum applicants, (c)(26) for H-4 spouses). Applicants must use the latest version of the form, which was updated on April 1, 2024, to reflect the new filing fees.
3. Collect supporting documents: Required documents vary by category, but typically include a copy of Form I-94 (Arrival/Departure Record), two passport-style photographs, and proof of immigration status (e.g., Notice of Asylum Approval, Form I-797 receipt for I-485). Non-English documents must be accompanied by certified translations.
4. Pay the filing fee: As of April 1, 2024, the standard filing fee for Form I-765 is $520 if filed by mail or $470 online, plus an $85 biometric services fee in some cases. Certain applicants, such as asylees and TPS beneficiaries, are exempt from fees, while others may apply for a fee waiver using Form I-912 if they can demonstrate financial hardship.
5. Filing the Application: Most applicants can file online through a USCIS account, although some categories require paper filing by mail to a designated USCIS lockbox. The filing address depends on the eligibility category and mailing method (e.g., USPS, FedEx).
6. Awaiting Processing: Upon submission, USCIS will issue a Form I-797C Receipt Notice, which can be used to track the status of the application online. If approved, the EAD card will be mailed via USPS Priority Mail within two weeks of approval

 

USCIS Processing Times

 

Form I-765 processing times vary widely depending on the eligibility category, USCIS workload, and application volume. As of March 19, 2025, USCIS publishes median processing times on its website, which are updated monthly. Here are some examples:

• Asylum-based EADs (c)(8): Approximately 1-2 months, with expedited processing available for initial applications under a 30-day statutory deadline.
• Adjustment of Status EADs (c)(9): 2-7 months, often filed concurrently with Form I-485.
• OPT for F-1 students (c)(3)(B): 2-5 months, with delays common during peak graduation seasons.
• H-4 Spouses (c)(26): 4-6 months, with automatic extensions of up to 540 days for timely renewals beginning January 13, 2025.

To address backlogs, USCIS implemented a final rule on December 13, 2024, effective January 13, 2025, that permanently increases the automatic EAD extensions for certain renewal applicants from 180 days to 540 days. This applies to categories such as TPS, H-4, and L-2, ensuring continuity of employment authorization during backlogs.

 

Work Restrictions for Visa Holders with an EAD

 

While an EAD grants broad work authorization, visa holders face specific restrictions tied to their immigration status:

• Employment Flexibility: Unlike employer-specific visas (e.g., H-1B), an EAD allows the holder to work for any employer in any occupation, unless restricted by his or her underlying status. For example, J-2 dependents are free to work, but their EAD validity is tied to the status of the J-1 principal.
• Validity Period: Employment is only authorized until the EAD expires. Renewal applications should be submitted 180 days in advance to avoid gaps, as there is no grace period after expiration.
• Travel Restrictions: An EAD does not grant re-entry rights to the U.S. Visa holders who need to travel abroad may require Advance Parole (Form I-131) or a valid visa tied to their status.
• Status Maintenance: Working on an EAD can affect nonimmigrant status. For example, H-4 or L-2 holders using an EAD remain in valid status, but those under “compelling circumstances” EADs (category (c)(35)) lose nonimmigrant status while accruing lawful presence.

Conclusion

The Employment Authorization Document is a lifeline for many noncitizens seeking to work legally in the United States. As of March 19, 2025, it supports a wide range of immigrants-from refugees to students to visa dependents-and adapts to policy changes such as extended validity periods and automatic renewals. Understanding who needs an EAD, how to apply, and the associated restrictions is essential to successfully navigating the U.S. immigration system. With processing times ranging from weeks to months, planning ahead and staying informed of USCIS updates remains critical for applicants.

Primary Sources

1. USCIS – Application for Employment Authorization: https://www.uscis.gov/i-765 Published: January 24, 2025. Details eligibility, filing procedures, and updates to Form I-765.
2. USCIS – Employment Authorization Document: https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document Published: June 7, 2024. Overview of the EAD card and its purpose.
3. USCIS – Automatic Employment Authorization Document (EAD) Extension: https://www.uscis.gov/eadauto Published: January 13, 2025. Information about the 540-day extension rule effective January 13, 2025.
4. Code of Federal Regulations – 8 CFR §274a.12: https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-274a/subpart-B Lists eligibility categories for employment authorization.
5. USCIS – Processing Times: https://egov.uscis.gov/processing-times/ Updated monthly, provides current Form I-765 processing times as of March 2025.
6. Federal Register – Final Rule on EAD Extensions: Published: December 13, 2024. Announcement of the permanent 540-day extension for certain EAD renewals. https://www.federalregister.gov/documents/2024/12/12/2024-29249/notice-of-intended-repatriation-the-university-of-kansas-lawrence-ks