Employers in the U.S. are required to confirm that all of their employees, regardless of their citizenship or national origin, are authorized to work in the United States. One way to prove your authorization to work in the United States is by having an Employment Authorization Document (Form I-766/EAD).
If you are not a lawful permanent resident or citizen and you are not in the U.S. on an H-1B, L, P, O, or E visa, you must prove that you can work in the United States freely for any employer by presenting a form Form I-766/EAD. You must file Form I-765, Application for Employment Authorization if you want to work in the United States.
You must apply for an EAD if you are:
- Permitted to work in the United States as a result of your immigration status (for example, you are an asylee, refugee, or U-nonimmigrant) and need evidence of that employment authorization, or
- Instructed to apply for permission to work (you need to request employment authorization itself). For example, you have:
- A pending Form I-485, Application to Register Permanent Residence or Adjust Status.
- A pending Form I-589, Application for Asylum and for Withholding of Removal.
- A nonimmigrant status that allows you to be in the United States but does not allow you to work in the United States without first seeking permission from USCIS (such as an F-1 or M-1 student).
If you are a lawful permanent resident of the United States, you are not required to apply for an Employment Authorization Documentation, as your Green Card is existing evidence of your employment authorization.
If you have a nonimmigrant visa that permits you to work for a specific employer (an H, L, O, TN, E manager, or P visa), you also do not need to apply for an EAD.
How to Renew an EAD ?
If you are still eligible for employment authorization but your EAD will expire or has already expired, you must file for a renewal EAD by submitting a new Form I-765 and the filing fee (if required), unless a fee waiver is requested and accepted on your behalf. In general, you should not be filing for a renewal EAD more than 180 days before your original EAD expires.
How to Replace an EAD ?
In the Case that Your EAD is Destroyed, Lost or Stolen
In the case that your EAD is destroyed, lost or stolen, you are able to request your EAD to be replaced by filing new For I-765 and the filing fee (if required), unless a fee waiver is requested and accepted on your behalf. You can submit an inquiry on non-delivery of a card if did not receive an EAD that USCIS mailed to you.
In the Case that Your EAD Contains Incorrect Information
In the case that your EAD contains incorrect information that is not a result of a USCIS error, you must submit:
- The card containing the error.
- A new Form I-765,
- The filing fee, if required (or a request for a fee waiver), and
- Any documents specified in the form instructions
If the error on your EAD occurred as a result of a USCIS error, USCIS will make the necessary correction at no additional cost to you. In cases such as these, you do not need to submit a new Form I-765 or a filing fee. Instead, you submit:
- The original card which contains the error,
- A detailed explanation of said card error, and
- Supporting documentation with the correct informations
This information should be submitted to the service center or National Benefit Center that approved your most recent Form I-765. If USCIS receives your application or your request for a replacement EAD and you no longer have reason to be applying for an employment authorization or an EAD, USCIS will not return the card to you and will send you a notification that you do not possess any current reasoning for applying for an employment authorization or an EAD.
Dependents of certain foreign governments, international organizations and NATO personnel are not required to pay a fee for a replacement EAD.