How to Get Your Employment Authorization Document (EAD): Key Steps for Visa Applicants

Receiving work authorization from USCIS is a major milestone in the immigration process for many visa applicants. But like much of the immigration process, the way to obtain that elusive Employment Authorization Document (EAD) can seem shrouded in mystery. Here are a few key things to know about the process of obtaining work authorization.

‍

Key Steps in the Work Authorization Process

‍

1. Maintain an Underlying Basis

To receive an EAD, it is absolutely essential to maintain an underlying and qualifying legal status in the USA. When applying for work authorization, you will have to provide USCIS with the status you are maintaining in the USA that makes you eligible to receive an EAD. If a USCIS agent is reviewing your application and finds that you do not fit into a qualifying category, you will be denied the EAD. How can you know if your status qualifies? The best way to do this is to speak with a licensed immigration attorney!  

‍

‍

2. Complete and Submit Form I-765

Once you have confirmed that you have (or are applying for) a qualifying legal status, you must complete the USCIS Form I-765, which is also known as the Application for Employment Authorization. Depending on the nature of your application, you may file by paper or online. On this form you will give all your pertinent information to USCIS so that they can make the determination as to whether you qualify for work authorization. You will also be required to show some evidence of your lawful status. The list of required evidence is posted here, and may change from time to time, so it is important to speak with your attorney about the most recent requirements.

‍

‍

3. Attend Your Biometrics Appointment

Generally speaking, after submitting your I-765, USCIS will send you a receipt notice confirming that they have received your application, and a notice for a biometrics appointment.  Completing the biometrics appointment and paying the biometrics fee is a critical component in receiving work authorization. USCIS uses these biometrics appointments to confirm your identity, to be sure they can produce secure documents, and to run criminal background checks.  

‍

‍

4. Wait for Approval

Now comes the hard part: the wait! Waiting for a response from USCIS is never fun, but waiting for work authorization can be especially difficult as you may be anxious to start work and earn income. It is absolutely essential in this period that you do not engage in unauthorized work and that you maintain your underlying status. Failing to do either of these two things could have serious negative consequences on your visa application, work authorization application, or your chances at a successful renewal in the future. The waiting is a tough but critical stage in the process. Processing times for EADs are available on the USCIS website here. Be sure to check with your attorney to see if other factors, such as retrogression, might be at play as well.  

‍

‍

Final Steps After Receiving Your EAD

Follow these steps and at long last you will receive the coveted EAD! Once you have the EAD you may begin working in the United States. As always, be sure to check with your attorney about any limitations that might come with the EAD so that you stay status compliant and are able to remain in the USA for the full length of your visa!