Employment Authorization Document | USCIS (2024)

If you remain eligible to apply for employment authorization or remain employment authorized incident to your status or circ*mstances, but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved.

We encourage you to file your renewal application as soon as possible once your EAD is within 180 days of its expiration date to reduce the possibility of a gap in your employment authorization and/or documentation.

If Your EAD Is Lost, Stolen or Destroyed

If your EAD is lost, stolen or destroyed, you may request a replacement EAD by filing a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved. If you did not receive an EAD that USCIS mailed, you can submit an inquiry on non-delivery of a card.

If Your EAD Contains Incorrect Information

If your EAD contains incorrect information that is not due to a USCIS error, you must submit:

  • A new Form I-765;
  • The filing fee, if required (or a request for a fee waiver);
  • Any documents specified in the form instructions; and
  • The card containing the error.

If your EAD contains incorrect information a USCIS error, we will make the appropriate correction at no additional cost to you. In these cases, you do not need to submit a new Form I-765 or a filing fee. Instead, two options are available:

  1. If your request does not require you to submit evidence (for example, the error is a clear typographical error), you may submit aservice requestvia the USCIS website. Please explain the error and include the correct information. Please select the “EAD Replacement due to USCIS Error” option when submitting your request. You must also return the card containing the error to the following address:

USCIS
Lee’s Summit Production Facility
Attn: I-765 Replacement Cards
7 Product Way
Lee’s Summit, MO 64002

It will take approximately 30 days from the date the card is received for USCIS to process your request and, if we determine it was due to USCIS error, to issue you a new card. Please retain your tracking information to ensure your card was properly delivered. This processing time frame does not account for USPS mailing/processing.

Please note, if while processing your request we find that the error was not due to USCIS error, you will be notified that you must follow the procedure for when a correction is needed and not due to USCIS error.

OR

  1. Ifyour request requires you to submit evidence to demonstrate the error and necessary correction (for example, the error relates to the EAD’s validity period), or if you would like to use the existing mail-in process, you may also submit a letter explaining the error and corresponding evidence, along with the card containing the error, to the following address:

USCIS
Lee’s Summit Production Facility
Attn: I-765 Replacement Cards
7 Product Way
Lee’s Summit, MO 64002

Please note, while the option to mail in your letter and supporting documentation is available, we encourage you to use existingonline tools, such asthe SRMT, when appropriate. For more information about the SRMT process please visitChapter 4 – Service Request Management Tool in the USCIS Policy Manual. Using the SRMT may minimize the need for additional correspondence to be sent via mail (aside from your original card) and may help streamline the way in which we process your request. Please ensure you retain any copies of supporting documentation you send to USCIS.

If we receive your application or request for a replacement EAD and you no longer have any basis for applying for an EAD or employment authorization, we will not return the card and will notify you that you do not have a current basis for applying for an EAD or employment authorization.

Please note: Dependents of certain foreign governments, international organizations, and NATO personnel are not required to pay a fee for a replacement EAD.

Note:If you have questions regarding a pending application for an EAD or employment authorization, please see our website for information on when and how tocontact us.

Please see the Form I-765 instructionsfor a complete list of eligibility categories. You may also find eligibility categories in section 274a.12, title 8 of the Code of Federal Regulations.

  • Information Sheet: Redesigned EAD (PDF, 1.79 MB)
  • Submit an Inquiry for a Case Outside Normal Processing Time
  • Non-Delivery of Card
  • Automatic Employment Authorization Document (EAD) Extension
Employment Authorization Document | USCIS (2024)

FAQs

How to answer work authorization status? ›

Typically, individuals are legally authorized to work in a country if they are citizens of that country, or if they have other status that grants them permission to work. If you're currently legally permitted to work in the country, select Yes.

What document proves employment authorization? ›

To prove employment authorization, USCIS will accept:

a Social Security card. a U.S. birth or birth abroad certificate. a Native American tribal document. a U.S. citizen ID card.

Can employment authorization be denied? ›

If an application for an Employment Authorization Document is denied, the applicant will receive a letter listing the reasons why the application was denied.

Can I work with an incorrect EAD card? ›

If you receive an EAD (Employment Authorization Document) which contains an error (e.g., typo in name or incorrect birthdate) that was caused by USCIS, you must correct the error to avoid having any problems in the future. You must return the original EAD card to get it corrected.

How do you respond to employment verification? ›

Stick to the basics like dates of employment and the position your former employee held. Beyond that, remember that the best way to protect your company from related litigation is to make sure the only information you share is truthful and supported by records in the employee's file.

What is an example of employment authorization? ›

Your Green Card (Form I-551, Permanent Resident Card) is evidence of your employment authorization. You also do not need to apply for an EAD if you have a nonimmigrant status [MJM1] that authorizes you to work for a specific employer incident to your status (for example, you are an H-1B, L-1B, O, or P nonimmigrant).

What happens if I-765 is sent to USCIS with a mistake? ›

Within approximately two weeks of your phone call to USCIS, you should receive a letter in the mail that will either tell you that the mistake has been fixed or give you further instructions about what to do to fix the mistake.

How long does it take for employment authorization to be approved? ›

It takes anywhere between 150 to 200 days to get a US I-765 work permit. Earlier the I-765 processing time was around 90. However, an increase in applications leading to backlogs has now caused a delay.

Do employers check work authorization? ›

Why does my employer ask for papers showing work authorization? Since 1986, federal immigration law requires employers to only hire workers who have authorization by the U.S. government to work in this country.

What is the new rule for EAD? ›

On April 8, 2024, the Department of Homeland Security published a temporary final rule (89 FR 24628) that temporarily increases the automatic extension period of employment authorization and/or Employment Authorization Documents (Form I-766 or EAD) from up to 180 days to up to 540 days from the expiration date on the ...

Is it illegal to work without EAD? ›

As a visa holder in the United States, you must have an EAD work permit to work lawfully. Failure to obtain authorization can lead to severe consequences that are long-lasting.

Who is not eligible for EAD? ›

Foreign nationals who are inside the U.S. in the following statuses are not eligible to apply for EAD: Dependents of H, O, F, M, O, P, Q, and R visa holders. L-2 children of L-1 visa holders.

What is your US work authorization status? ›

An individual's work authorization, or employment eligibility, refers to his or her legal right to work in the United States. U.S. citizens, born or naturalized, are always authorized to work in the United States, while foreign citizens may be authorized if they have an immigration status that allows them to work.

How to answer what is your visa status? ›

How should I answer the visa question? You should answer the question in an honest, direct, clear, concise and confident manner. If you are nervous or unsure, the employer will pick up on these signals and may not be able to stay focused on your skills and qualifications. Avoid excessive detail.

What does it mean when a job ask for work authorization? ›

Since 1986, federal immigration law requires employers to only hire workers who have authorization by the U.S. government to work in this country. The law requires employers to check (verify) the identity and work eligibility of each newly-hired employee.

Am I legally authorized to work in the US at 15? ›

As a general rule, the FLSA sets 14 years old as the minimum age for employment, and limits the number of hours worked by minors under the age of 16.

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