How Do I Get A Work Permit (Employment
Authorization Document - EAD)?
How Do I Get a Work Permit
(Employment Authorization Document)?
What is an Employment
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 citizen or a lawful
permanent resident, you may need to apply for an Employment Authorization
Document (EAD) to prove you may work in the United States.
USCIS issues Employment Authorization Documents (EAD) in the following
This document proves you are allowed to work in the United States.
EAD: You should apply for a renewal EAD six months before your original EAD
EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD
also replaces an EAD that was issued with incorrect information, such as a
What Does the Law Say?
The Immigration and Nationality Act is a law that governs the admission of all
persons to the United States.
For the part of the law about Employment Authorization Documents, please see
INA § 274A. The Code of Federal Regulations [CFR] discusses the employment
authorization responsibilities of both employers and employees at 8 CFR § 274a.
Who is Eligible?
specific categories that require
an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking
particular types of employment; applicants to adjust to permanent residence
status; people in or applying for temporary protected status; fiancés of
American citizens; and dependents of foreign government officials. Please see
Form I-765 (Application for Employment Authorization) for a complete list of the categories of people
who must apply for an Employment Authorization Document to be able to work in
the United States.
you are a U.S.
citizen, you do not need an
Employment Authorization Document.
you are a lawful permanent resident or a conditional permanent resident, you do
not need an Employment
Authorization Document. Your Alien Registration Card proves that you may work
in the United States.
you are authorized to work for a specific
employer, such as a foreign government, you do not need an Employment Authorization Document. Your passport
and your Form I-94 (Arrival-Departure Record) proves
that you may work in the United
States. Please see 8 CFR 274a.12(b),
which provides a full list of the categories of people who do not need to apply for an EAD.
How Do I Apply?
You may be eligible to file Form I-765 electronically. Please see our
Introduction to E-Filing USCIS Forms for more information. The procedures for
forms electronically filed with USCIS are different than described in the
following paragraphs. If you are not eligible for electronic filing,you must file an Form I-765
(Application for Employment Authorization) by mail with the USCIS Regional
that serves the area where you live. Please read the entire application
carefully and submit the right documents, photos, and fee. Forms are available
by calling 1-800-870-3676, or by submitting a request through our forms by mail
system. For further information on filing fees, please see USCIS filing fees,
fee waiver request procedures, and the USCIS fee waiver policy memo. Please see
our USCIS Field Offices Homepage for more information on USCIS Service Centers.
How Can I Check the Status of My
Please see our information on checking the status of your application . Please click here for more information on
USCIS field offices.
How Can I Appeal?
If your application for an Employment Authorization Document is denied, you
will receive a letter that will tell you why the application was denied. You
will not be allowed to appeal a negative decision to a higher authority. However, you may submit
a motion to reopen or a
motion to reconsider
with the office that made the unfavorable decision. By filing these motions,
you may ask the office to reexamine or reconsider their decision. A motion to
reopen must state the new facts
that are to be provided in the reopened proceeding and must be accompanied by
affidavits or other documentary evidence. A motion to reconsider must establish
that the decision was based on an incorrect
application of law or USCIS policy, and further establish that
the decision was incorrect based on the evidence in the file at the time the
decision was made. For more information, please see How Do I Appeal the Denial
of Petition or Application?.