US Work Authorization Overview

This article is a concise overview on the process of work authorization. Individuals from other countries need to seek employment authorization in order to be able to work in the US. This process, known as work authorization, is a way to obtain permission from the US federal government to legally participate within its economy. When granted permission, a work permit or an employment authorization document (EAD) is provided to certain individuals while some of their other work visa applications are still being processed. Some of these individuals include asylees, asylum seekers, refugees, students seeking certain types of employment, applicants who are seeking legal permanent resident (LPR) status, fiancés of US citizens, etc. Otherwise, US citizens and individuals with green cards do not need employment authorization.

The process involves an individual filing an application using Form I-765, Application for Employment Authorization, with the United States Citizen and Immigration Services (USCIS). Filling out the form, either online or on paper, involves personal identifying information, such as your name, contact information, and mailing address. You also may be able to use this form to apply for a Social Security Number, rather than applying for it separately. Please note that if your application is filled online, any supporting documents, as instructed, must still be mailed. Depending on the filing type of application, there may be a filing fee required or exempt.

Part of the work authorization application requires proving that an individual is eligible to work in the US. This part can be a complicated process because a work permit is only available to certain groups of immigrants. For example, individuals who are in the process of applying for a green card or who have the temporary right to be in the US may seek work authorization. Since each individual case will vary, it is best to seek consultation with an immigration lawyer who can assess your eligibility. If you have obtained a work permit and wish to renew it, you should apply for a renewal EAD six months (180 days) prior to when your current EAD is set to expire. If your EAD gets lost or stolen, you must obtain a replacement EAD. A replacement EAD is also required if the original EAD has incorrect information.