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If you are not a U.S. citizen, green card holder or on a work visa, getting permission to work legally is an essential part of building your life here. For that to happen, you need an employment authorization card, also known as an Employment Authorization Document, or EAD. Acquiring an EAD is often one small step in a larger, more complex immigration journey.
Working with a lawyer is recommended if you want to obtain, renew or extend your EAD. At Din Law Group, we help individuals with the I-765 form and everything that comes with employment authorization.
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An Employment Authorization Document (EAD), sometimes referred to as a work permit, allows non-citizens to work legally in the United States. The EAD’s purpose may seem confusing at first, but in simple terms, it’s proof that you’re eligible to work in the United States for a specific period of time.
An employment authorization document is issued by U.S. Citizenship and Immigration Services (USCIS), after the approval of Form I-765 (Application for Employment Authorization). The EAD is granted in the form of a card, I-766, which includes your name, photo, card number, and employment authorization validity dates. Employers use this employment authorization card to verify work eligibility during the hiring process.
The EAD processing time depends on your immigration category and the USCIS service center where your case is handled. On average, EAD processing can take up to 3 to 7 months, starting from the day your I-765 form is received by USCIS. Processing times for an employment authorization card may be shorter or longer depending on application volume, eligibility category, and whether USCIS requires additional review. USCIS posts estimated processing timelines on its official website, which are worth checking for the most current updates.
Some applicants may qualify for faster processing in limited situations, such as certain humanitarian or time-sensitive circumstances, but expedited review is not guaranteed.
In some cases, USCIS may issue a Request for Evidence (RFE) if something is missing or unclear in your application, which can delay your case since USCIS will pause processing until the requested documentation is received. Once you submit the requested documents, USCIS may take an additional 60 to 90 days to make a final decision.
Once an application is approved, the physical card is typically mailed within a few weeks. Because work authorization is often essential for employment and financial stability, it’s important to file correctly and on time, especially for renewals.
This is why you need an experienced immigration lawyer to avoid these mistakes and guide you if you receive an RFE. Legal guidance can help ensure your I-765 form is properly prepared, reduce the risk of delays, and provide support if you receive an RFE that could impact your ability to work legally in the United States.
If you have a permanent residence (green card holder) or you’re already working in the U.S. under a nonimmigrant visa like the H-1B, you don’t need to apply for an EAD. Your current status already allows you to work legally. Understanding what is an EAD is important because it applies only to certain noncitizens whose status does not automatically grant employment authorization.
However, you may be eligible to apply for an employment authorization card if you are in one of the following categories:
Because eligibility rules can vary by category and change over time, working with an immigration lawyer can help ensure that your I-765 form is filed correctly and that your request for an employment authorization card does not delay or negatively affect your broader immigration case.
Timing is everything when it comes to employment authorization card renewal. On average, the EAD processing time for renewals takes 2 to 8 months, depending on your status and the USCIS service center handling the application. If your employment authorization card is close to expiring, submitting for a renewal early helps you avoid gaps in work authorization, especially since DHS removed automatic EAD extensions for most visa categories. We recommend submitting your renewal Form 1-756 at least 180 days before the card’s expiration if you depend on it for your job.
If your employment authorization card (EAD) is lost, stolen, or damaged, you can request a replacement by filing Form I-765 with USCIS. You will need to indicate that the card was lost or stolen and include the required filing fee unless you qualify for a fee waiver. Processing times vary, and employers generally cannot accept a photocopy of a lost card for work authorization, so it’s important to apply for a replacement as soon as possible.
Employment authorization cards are issued by U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security. USCIS reviews applications, determines eligibility, and produces the physical card once an application is approved.
An employment authorization card does not automatically lead to a green card. However, some people who have an EAD may also be eligible to apply for permanent residence through a separate immigration process, such as a family-based petition, employment-based petition, asylum-related application, or other qualifying category. Each pathway has its own requirements, and eligibility depends on the individual’s immigration status and circumstances.
Applying for or renewing an Employment Authorization Document (EAD) can be more stressful than expected. While it seems it’s just the I-756 form that’s required, there are many underlying legal intricacies to navigate. At Din Law Group, we don’t take a one-size-fits-all approach. We help take the guesswork out of the process by offering clear guidance and dependable support every step of the way.
Schedule a consultation today to discuss your case and explore your legal options.
Call Din Law 214-238-4130