Written & reviewed by NotALawyer Legal AI · Updated May 2026
Who qualifies for an Employment Authorization Document, how to apply, and how to keep it valid.
An Employment Authorization Document, or EAD, is a USCIS-issued card that lets a non-citizen work for any U.S. employer for the period and under the conditions printed on it. The legal authority is INA §274A and 8 C.F.R. §274a.12, which list the categories of people who qualify and the categories who do not need a separate EAD because their underlying status already authorizes employment.
An EAD is not a visa, not lawful status, and not a green card. It tracks the underlying status. If the underlying case is denied or terminated, the EAD generally goes with it — even if the card has time left on its face.
8 C.F.R. §274a.12(c) lists categories that may apply for an EAD. The most commonly used codes include:
The application itself is Form I-765, Application for Employment Authorization. The applicant lists the eligibility category code, pays the filing fee where one applies (some humanitarian categories are fee-exempt), and submits proof of the underlying status — passport biographic page, current I-94, prior approval notices, and any category-specific documents listed in the form instructions.
Most categories can be filed online through a USCIS account, which makes it easier to track status, respond to a Request for Evidence, and update an address. Paper filing is still allowed; the address depends on the category and is listed on the USCIS "Direct Filing Addresses for Form I-765" page.
EAD processing has historically ranged from a few weeks to well over a year, depending on category and USCIS workload. Asylum-based (c)(8) and adjustment-based (c)(9) EADs tend to take longest. Current published processing times are on the USCIS "Check Case Processing Times" page; rely on that, not on older online posts.
For many renewal categories, 8 C.F.R. §274a.13(d) provides an automatic extension of work authorization once a timely renewal Form I-765 is properly filed. The current extension period is up to 540 days from the EAD's expiration date. During the extension, the worker's expired EAD plus the I-797 receipt notice can serve as a List A document for Form I-9.
An EAD does not authorize re-entry to the U.S. after international travel — that requires either a valid visa stamp tied to the underlying status or, for adjustment applicants, an advance-parole document on Form I-131. Traveling on an EAD without the right re-entry document can be treated as abandonment of an underlying I-485 application.
Address changes must be reported to USCIS within 10 days using Form AR-11 (INA §265). Failing to report an address change is itself a misdemeanor and can also delay a pending case if a Request for Evidence is mailed to the old address and never reaches the applicant.
Unauthorized work — including unpaid internships, gig-economy work, and side jobs paid in cash — can disqualify an applicant from adjustment of status under INA §245(c), trigger removal proceedings, and create permanent admissibility problems. Employers also face civil and criminal penalties under INA §274A for knowingly hiring unauthorized workers.
If a person's status is in flux — a pending change of status, a lapsed grace period, an expired EAD without a timely renewal on file — getting legal advice before accepting any job (paid or unpaid) is generally the safer path. The downside of pausing work for a few weeks is almost always smaller than the downside of a §245(c) bar.
More on this topic: the Immigration hub
These guides are general information about the law, not legal advice for your specific situation. Talk to a licensed lawyer in your state before making decisions that affect your rights.