An Employment Authorization Document (EAD) card is an essential document required for non-citizens to be eligible for work in the United States. This card enables you to prove to employers that you're authorized to work, which is crucial for your job search. Obtaining your EAD card isn't as simple as just filling out a form–applicants must follow a complex legal process within the U.S. immigration system.
Understanding the legal requirements upfront often saves applicants time and stress as they pursue work in the U.S. Our experienced immigration lawyer at Ibrahim Law Office in Chicago wants to empower applicants with the knowledge they need to pursue their EAD card with confidence. Learn more here on topics from who can apply to the step required, and if you have more questions, contact our Chicago immigration lawyer for further support.
An Employment Authorization Document (EAD) card is a work permit issued by U.S. Citizenship and Immigration Services (USCIS) that allows noncitizens to work legally in the U.S. If you're in the U.S. under a specific immigration status and would like to work, the EAD card is how you obtain permission to do so.
It’s important to note that an EAD doesn’t grant you permanent residency status; it simply establishes your right to legally work. That’s why you’ll often hear the EAD card described as a “temporary work permit.” You’ll still need to follow the process for other immigration steps if your goal is permanent residency. Contact our Chicago immigration attorney if you’d like to learn more about these other legal options.
There are a few categories of people who can apply for an EAD card. Generally, if you’re in the U.S. on a temporary status or you’ve applied for a green card, you could qualify for one. This includes:
If you’re on a nonimmigrant visa (like an H-1B or L-1), or you’re in the U.S. while waiting for a decision on your immigration status, an EAD card might be required in order for you to be legally employed. It’s always a good idea to check the specifics of your situation, since eligibility can change based on your visa type or personal status.
Applying for an EAD card might seem overwhelming at first, but the process can be broken down into several larger steps, making it more manageable. Here’s how you apply for your EAD card:
The first thing you’ll need to do is fill out Form I-765. This is the official application form for an EAD card. It’s available on the USCIS website, and it’s pretty straightforward. Just make sure you fill it out completely and correctly.
The form asks for personal details like your name, address, and current immigration status. It also asks about the reason you’re applying for an EAD. Remember that it’s important to be honest and thorough on this document. Once it’s complete, double-check everything. Missing or incorrect information can cause delays.
Next, you’ll need to gather some documents. These will help prove your eligibility for the EAD card. The documents you need depend on your specific situation, but here are a few common ones:
Make sure to check the instructions for Form I-765 for any specific documents you might need based on your situation. The USCIS website has a detailed list of what you’ll need.
Once you have your form filled out and documents in hand, the next step is to pay the filing fee. As of now, the fee for applying for an EAD card is $520 for paper filing, and $470 for online filing.
Some categories of applicants may be eligible for a fee waiver, but it’s generally the exception, not the rule. Be sure to check if you qualify for that before sending in your application. You can pay online if you’re submitting the form electronically or by check or money order if you’re mailing your application.
Once you’ve completed your form, gathered your documents, and paid the fee, it’s time to submit your application. If you’re applying online, follow the simple process of uploading your form and supporting documents. If you’re applying by mail, you’ll need to send everything to the correct USCIS address. You can find the mailing address on the USCIS website.
If you submit online, the process is usually faster, but either way, you’ll get a confirmation once your application is received. Hold on to that confirmation, as it’s proof that you submitted everything.
Here comes the part that requires a little patience. The processing time for an Employment Authorization Document can vary, but it generally takes about 3 - 5 months. During this time, USCIS will review your application, verify your documents, and decide if you’re eligible.
If they need any additional information, they’ll send you a Request for Evidence (RFE). If you get one, respond quickly so that your application doesn’t get delayed further.
If everything goes smoothly, you’ll eventually receive your EAD card in the mail. Once you have the card, you’re all set to work legally in the US! Be sure to keep track of the expiration date so you know when it’s time to apply for a renewal. It’s usually valid for one to two years, but the exact validity period depends on your status.
Although the EAD card is great for allowing you to work, it does not grant permanent legal status, and there are several limitations to keep in mind:
Your EAD card isn’t forever. It only lasts for 1 or 2 years, depending on your status. When it expires, you’ll need to renew it. Renewal is usually a matter of submitting Form I-765 again and providing the required documents.
USCIS recommends filing at least 180 days before your current EAD expires, to make sure there’s no gap in your work authorization. During the renewal process, you’ll generally still be allowed to work if your application is pending, but that depends on your specific situation. If your EAD expires and you don’t have a renewal in place, you won’t be authorized to work in the U.S. until your new card arrives.
Here are answers to some of the most common questions Chicago residents ask our immigration law office about the EAD card:
Yes, but only if your renewal application is pending and your current EAD is still valid. This is called “automatic extension.” The extension typically lasts for up to 180 days, as long as you meet certain conditions. It’s always a good idea to confirm this with your employer or an immigration lawyer to be sure, but this can save you from worrying about not being able to work while waiting for your new card.
Unfortunately, if you're undocumented, you won’t be eligible for an EAD card. The EAD is specifically for people who are in the U.S. legally, even temporarily. If you’re currently undocumented, you’d need to resolve your immigration status before being able to apply for a work permit.
However, there are specific immigration situations (like DACA recipients) where undocumented individuals can qualify for work authorization. If you’re unsure, it’s best to consult an immigration lawyer to understand your options.
If your EAD card expires and you haven't applied for a renewal, you won't be able to work legally. If this happens, you should stop working immediately. Once you apply for your renewal, you may be granted an automatic extension (as mentioned earlier) while waiting for the new card. However, the important part is to avoid letting your EAD expire without renewing it—so plan ahead!
An EAD and a green card are very different things. A green card grants you permanent residency in the U.S., meaning you can live, work, and eventually apply for citizenship. An EAD, on the other hand, is just a permit to work. It allows you to work legally, but it doesn't grant you permanent residency or citizenship.
No, the EAD card itself doesn’t grant permission to travel outside of the U.S. If you want to travel, you need a proper visa or travel authorization to do so. In some cases, leaving the U.S. while your EAD application is pending can mess with your immigration process, so it's best to check with an immigration lawyer before booking any flights.
If you’ve got more questions or need help with your EAD application, don’t hesitate to reach out. Navigating the EAD process can get a little tricky, and it’s always a good idea to have experienced advice to make sure everything goes smoothly. Our EAD card lawyer in Chicago is here to help guide you through every step of the process.Give Ibrahim Law Office a call today at (312) 767-8611.
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