Above is an example of the front (left) and back (right) of an EAD card.

If you're a foreign national looking to work legally in the United States, obtaining work authorization is a crucial step. Work authorization refers to the legal right to work in the U.S. and typically involves obtaining an Employment Authorization Document (EAD) or holding a valid work visa.

What is work authorization?

Work authorization is the official permission granted by the U.S. government allowing individuals who are not U.S. citizens or permanent residents to work legally. The EAD is a physical card issued by U.S. Citizenship and Immigration Services (USCIS) that proves you are authorized to work in the U.S.

Who is eligible for an EAD?

Those eligible to obtain an EAD card include:

Asylum seekers and refugees and their dependents
Non-citizen nationals from certain countries
Students with active F-1 or M-1 status
J-1 Summer Work/Travel visa holders
Aliens with Temporary Protected Status
DACA recipients
Individuals with pending Green Card applications
Dependents of diplomatic workers
Certain dependents of nonimmigrant visa holders (e.g. L-2, H-4 under specific circumstances)

You do not need a separate work authorization if you:

Are a U.S. citizen
Are a permanent resident (work authorization is automatically conferred upon issuance of Green Card)
Hold a visa that includes work authorization by default (e.g. H-1B)

How to apply

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Determine eligibility

Check if your current immigration status allows you to apply for an EAD. You can find eligibility categories on USCIS Form I-765 instructions.

Fill out Form I-765

Fill out Form I-765 by typing or writing your responses in black ink. If a question does not apply to you, respond with “N/A” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none, you may answer “None” unless otherwise directed. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification must include the translator’s signature. DHS recommends the certification contain the translator’s printed name, the signature date, and the translator’s contact information.

Provide supporting documentation

You will need to submit a copy of one document from each of the following categories:

A. Form I-94, Arrival-Departure Record (front and back), a printout of your electronic Form I-94, passport, or other travel document.

B. A copy of your last EAD (front and back). If you were not previously issued an EAD, you must submit a copy of a government-issued identity document (such as a passport) showing your picture, name, and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint. The identity document photocopy must clearly show your facial features and contain your biographical information.

C. You must submit two identical color passport-style photographs of yourself taken recently. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched. The two identical passport-style photos must be 2 by 2 inches. The photos must be in color with a full face, frontal view, on a white to off-white background. Head height should measure 1 to 1 3/8 inches from the top of your hair to the bottom of your chin, and eye height is between 1 1/8 to 1 3/8 inches from the top of your eyes to the bottom of the photo. Your head must be bare unless you are wearing headwear as required by a religious denomination of which you are a member. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo.

Pay filing fee

You may be required to pay a fee to file your Form I-765. General filing fees range from $470 for online filling to $520 for paper filing. Certain applicants may qualify to have their filing fee waived. You can find a detailed schedule of associated filing fees here.

Wait for processing

After submission, USCIS will review your application and determine your eligibility. USCIS may request that you provide more information or evidence to support your application. It may also request that you provide the originals of any copies you submit. Originals will be returned to you after USCIS has verified them. USCIS may also request that you appear at a USCIS office for an interview based on your application. At the time of any interview or other appearance at a USCIS office, you may be required to provide your biometrics to verify your identity and/or update background and security checks. The decision on Form I-765 involves a determination of whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you in writing of the decision it makes on your application. If your application is approved, you will either receive your EAD by mail or you may be required to visit your local USCIS office to pick it up. If USCIS cannot approve your application, you will receive a written notice explaining the basis of your denial.

It is advisable to make a copy of your completed Form I-765 to keep for your records. Keep your address up to date with USCIS to receive all correspondence. Do not begin working until you have received your EAD or are under a work-authorized status. Some categories are eligible for automatic extensions if they file renewal applications on time—check the USCIS website for updates. You can track the status of your application on the USCIS Case Status Online page.

Work authorization is essential for non-citizens to legally work in the U.S. Whether you’re an asylum seeker, international student, or awaiting permanent residency, understanding your eligibility and following the correct application steps is key.