Legal Definitions - Employment Authorization Document (EAD)

The Employment Authorization Document (EAD) is an official card issued by U.S. Citizenship and Immigration Services (USCIS) that grants permission to certain non-U.S. citizens to work legally within the United States for a specific period. Often referred to as a "work permit," this document is crucial for individuals who are not U.S. citizens or lawful permanent residents but are authorized to be in the country and need to earn a living. To obtain an EAD, eligible individuals must submit an application, typically Form I-765, to USCIS.

Here are some examples illustrating how the Employment Authorization Document (EAD) applies in different situations:

• An Asylum Applicant Awaiting a Decision

  Scenario: Maria arrived in the U.S. and applied for asylum, fearing persecution in her home country. While her asylum case is pending, which can take several years, she needs to support herself.

  Explanation: Since Maria is not a U.S. citizen or permanent resident, she cannot simply start working. After a certain period of her asylum application being pending, she becomes eligible to apply for an EAD. This document legally authorizes her to seek and hold employment, allowing her to pay for housing, food, and other necessities while she awaits a decision on her asylum claim.

• A Spouse of a Specialty Occupation Worker

  Scenario: David is married to Sarah, who holds an H-1B visa for a specialty occupation in the U.S. David wants to work as well to contribute to their household income and advance his own career.

  Explanation: As the spouse of an H-1B visa holder, David may be eligible for an H-4 dependent visa. In certain situations, H-4 visa holders can apply for an EAD. Once David receives his EAD, he is legally permitted to work for any employer in the U.S., providing him with financial independence and career opportunities that would otherwise be unavailable to him as a dependent visa holder without this specific authorization.

• A Foreign Student on Post-Completion Optional Practical Training (OPT)

  Scenario: Kenji, an international student, recently graduated with a master's degree in engineering from a U.S. university. He wants to gain practical work experience directly related to his field of study before returning to his home country.

  Explanation: While Kenji was a student, his student visa (F-1) allowed him to study but generally restricted his work options. After graduation, he can apply for Optional Practical Training (OPT), which is a temporary employment authorization directly related to his major. To legally work during his OPT period, Kenji must obtain an EAD. This document confirms his authorization to work in his engineering field for the duration specified on the card, bridging the gap between his academic studies and professional experience.