Work Authorization

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a U.S. citizen or a permanent resident, you may fall into one of three categories of persons who are eligible for employment authorization.

• Category 1: You may have authorization to work in the United States as a result of your nonimmigrant status.
• Category 2: You may have authorization to work for a specific employer as a result of your nonimmigrant status. 
• Category 3: You may be in a category which requires you to file for permission to work. 

Some of those that fall in the first and third categories (including those who have a pending Form I-485, Application to Register Permanent Residence or Adjust Status) are required to apply for work authorization and an Employment Authorization Document (EAD) with the Form I-765, Application for Employment Authorization prior to seeking work in the United States. The EAD is the proof that you will show to your employer that you are allowed to work in the United States. In most cases, EADs are granted for a 1 year period.
USCIS issues EADs for the following reasons:

• As proof that you are allowed to work in the United States for a specific time period or while you have a specific immigration status
• To renew an EAD that has expired
• To replace an EAD

If Your EAD has Expired

If you are still eligible for work authorization but your EAD has expired, you should file for a renewal EAD by submitting a Form I-765, Application for Employment Authorization. You cannot file for a renewal EAD more than 120 days before your original EAD expires.

Replacing an EAD

\ A replacement EAD replaces a lost, stolen, or mutilated EAD. In addition, an EAD may be replaced without fee for USCIS error when it was issued with incorrect information, such as a misspelled name.

Eligibility Categories for the Form I-765

\ Question 17 of Form I-765, Application for Employment Authorization, asks for your eligibility category.  Because there are many different ways in which a person may apply for and be granted permission to work, it is important that you write the correct eligibility category on your application. Below is a chart of the eligibility categories found in 8 CFR 274a.12.  Find the description that applies to you and use the appropriate category for question 17.

 

8 CFR 274a.12	Description
(a)(1)	Lawful Permanent Resident
(a)(2)	Lawful Temporary Resident
(a)(3)	Refugee
(a)(4)	Paroled Refugee
(a)(5)	Asylee
(a)(6)	K-1 or K-2 Nonimmigrant
(a)(7)	N-8 or N-9 Nonimmigrant
(a)(8)	Citizen of Micronesia, Marshall Islands, or Palau
(a)(9)	K-3 or K-4 Nonimmigrant
(a)(10)	Withholding of Removal
(a)(11)	Deferred Enforced Departure (Extended Voluntary Departure)
(a)(12)	Temporary Protected Status
(a)(13)	Family Unity Program (Section 301 of the Immigration Act of 1990)
(a)(14)	Family Unity Benefits under LIFE Legalization
(a)(15)	V Nonimmigrants
(a)(16)	T-1 Nonimmigrant
(a)(19)	U-1 Nonimmigrant
(a)(20)	U-2, U-3, U-4, or U-5 Nonimmigrants
(c)(1)	Spouse/Dependent of A-1 or A-2 Nonimmigrant
(c)(2)	Spouse/Dependent of Coordination Council for North American Affairs (E-1)/ Taipei Economic and Cultural Representative Office (TECRO)
(c)(3)(A)	F-1 Nonimmigrant, Pre-Completion Optional Practical Training
(c)(3)(B)	F-1 Nonimmigrant, Post-Completion Optional Practical Training
(c)(3)(C)	F-1 Nonimmigrant, 17-month extension for STEM Students
(c)(4)	Spouse/Dependent of G-1, G-3, or G-4 Nonimmigrant
(c)(5)	J-2 Spouse or Child of J-1 Nonimmigrant
(c)(6)	M-1 Nonimmigrant, Practical Training
(c)(7)	Dependent of NATO-1 through NATO-7 Nonimmigrant
(c)(8)	Asylum Application Pending filed on/after January 4, 1995
(c)(8)	Asylum Application Pending filed before January 4, 1995 and applicant is not in exclusion/deportation proceedings
(c)(8)	Asylum Application Pending filed before January 4, 1995 and applicant is in exclusion/deportation proceedings
(c)(8)	Asylum Application under ABC Agreement
(c)(9)	Pending Adjustment of Status under Section 245 of the Act
(c)(10)	Suspension of Deportation Applicants (filed before April 1, 1997) Cancellation of Removal Applicants Cancellation Applicants Under NACARA
(c)(11)	Public Interest Parolee
(c)(14)	Deferred Action
(c)(16)	Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
(c)(17)(i)	B-1 Domestic of a Nonimmigrant
(c)(17)(ii)	B-1 Domestic of a USC
(c)(17)(iii)	Employee of a Foreign Airline
(c)(18)	Order of Supervision
(c)(19)	Temporary Treatment Benefits
(c)(20)	Section 210 Legalization
(c)(21)	S Visa Nonimmigrant
(c)(22)	Section 245A Legalization (pending I-687)
(c)(23)	Irish Peace Process (Q-2)
(c)(24)	LIFE Legalization
(c)(25)	T Visa Dependents
(c)(31)	Violence Against Women Act (VAWA) Self-Petitioner