Employment Authorization Documents: Who Qualifies and How to Apply
Sept. 13, 2026
Moving to a new country often means rebuilding the practical parts of daily life, including finding lawful employment and supporting your family. An Employment Authorization Document (EAD) proves work authorization for certain noncitizens, but not everyone needs or qualifies for one. Eligibility depends on your immigration category, and people who need an EAD generally request one from U.S. Citizenship and Immigration Services (USCIS) using Form I-765.
At McCarter | East PLLC, we help individuals understand employment-authorization requirements, identify the appropriate immigration category, and prepare immigration filings based on their circumstances. With offices in Murfreesboro and Woodbury, Tennessee, we serve clients in Nolensville, Smyrna, Lebanon, and surrounding Middle Tennessee communities.
What Is an Employment Authorization Document?
An Employment Authorization Document, commonly called an EAD or work permit, is a card issued by USCIS as evidence that its holder is authorized to work in the United States. USCIS generally issues an EAD for a limited validity period based on the person’s eligibility category.
Not every noncitizen who is authorized to work needs an EAD. Some people are authorized to work based on their immigration status, while certain nonimmigrant classifications authorize employment only with a specific employer. Lawful permanent residents, for example, do not file Form I-765 simply to establish their general right to work.
An unexpired EAD can serve as a List A document for Form I-9, which employers use to verify identity and employment authorization. Employers generally cannot insist on an EAD if an employee presents other acceptable Form I-9 documentation.
Understanding this distinction is important before filing. The first question is not simply how to obtain an EAD, but whether you need one and which eligibility category applies to you.
Who Qualifies for an EAD?
You may be able to file Form I-765 if you fall within an employment-authorization category recognized by USCIS. The rules differ significantly: some people are authorized to work based on their immigration status, while others must obtain USCIS approval before they may work.
Examples include:
Refugees, asylees, and certain asylum applicants: Refugees and asylees are authorized to work based on their status and may obtain an EAD as evidence. Certain applicants with pending asylum cases may request employment authorization subject to separate eligibility and timing rules.
Certain adjustment-of-status applicants: Some people with a pending Form I-485 application may apply for employment authorization while USCIS considers the adjustment application.
Certain F-1 students: Eligible students may seek employment authorization for Optional Practical Training or certain off-campus employment based on severe economic hardship.
Certain deferred-action recipients: Some people granted deferred action may request employment authorization if they satisfy the requirements for their category.
Certain H-4 spouses: Some spouses of H-1B nonimmigrants may qualify to apply for employment authorization when they meet USCIS requirements.
This is not a complete list. USCIS assigns specific eligibility categories to Form I-765 applicants, and each category can have different requirements. Through our employment and business immigration services, we can review your circumstances and help you understand which rules may apply.
How Do You Apply for Employment Authorization?
If your category requires or permits you to request an EAD, you generally file Form I-765 with USCIS and submit the evidence required for that category. Filing requirements, fees, supporting documents, and whether online filing is available can vary.
The process may include:
Identify your eligibility category: Form I-765 requires you to provide the category under which you are applying.
Complete Form I-765: Answer the questions that apply to you and review the form for missing or inaccurate information.
Submit the required evidence: Documents vary by category and may include identity records and evidence supporting your immigration status or pending application.
Check the current filing fee: Fees, exemptions, and fee-waiver eligibility can differ depending on the category and filing circumstances.
Respond to USCIS notices: After filing, USCIS may send a receipt notice and, when applicable, request additional evidence, biometrics, or other action.
Processing times vary by Form I-765 category and case circumstances. Check current USCIS information rather than assuming that another applicant’s timeline will apply to you.
The official USCIS Form I-765 instructions explain who may file, the eligibility categories, and category-specific documentation requirements.
Common Mistakes That Can Cause Problems
Using an incorrect eligibility category, omitting required information, or submitting the wrong fee can create problems with an EAD application. Depending on the issue, USCIS may reject the filing, request additional evidence, or deny the application.
Before filing, watch for common problems such as:
Missing signatures or required information: Review the current form instructions and make sure the filing is complete.
Incorrect eligibility category: Your category affects both eligibility and the evidence USCIS expects.
Incorrect fee: Confirm the current fee and whether an exemption or fee waiver applies before submitting the application.
Insufficient supporting evidence: Follow the requirements for your specific category rather than relying on a generic document list.
Waiting too long to address expiration: If your EAD is nearing expiration, check the renewal rules for your category early. Do not assume that filing a renewal automatically extends your authorization.
If USCIS sends a Request for Evidence or another notice, read the instructions and deadline carefully. A notice does not necessarily mean USCIS will deny your application, but failing to respond properly can affect the outcome.
Moving Forward With Your Employment Authorization
Employment authorization can directly affect your ability to support yourself and your family. Before filing Form I-765, determine whether you need an EAD, identify the correct eligibility category, and follow the current USCIS instructions for that category.
At McCarter | East PLLC, we help individuals understand immigration requirements and prepare filings based on their circumstances. We can review your situation, explain any applicable employment authorization issues, and help you determine your next steps.
With offices in Murfreesboro and Woodbury, Tennessee, we serve clients in Nolensville, Smyrna, Lebanon, and surrounding Middle Tennessee communities. Contact our experienced immigration attorneys to schedule a consultation and discuss your employment authorization questions.