Mahaprasad Nanda

The ability to work in the United States is a valuable benefit for many visa holders. However, work authorization rules vary depending on your visa category. This guide will help you understand the process of obtaining work authorization and the importance of the Employment Authorization Document (EAD).

Types of Work Authorization

Visas that don't allow work

Work-based visas (e.g., H-1B, L-1) allowing work only for the sponsoring employer

Visas requiring separate work authorization through an EAD

Applying for an Employment Authorization Document (EAD)

To obtain an EAD, eligible visa holders must file Form I-765 with U.S. Citizenship and Immigration Services (USCIS).

Benefits of an EAD:

• Legal proof of right to work in the U.S.
• Job flexibility
• No need for employer-sponsored petitions

Who Needs to File Form I-765?

Common categories include:

• H-4 dependents of H-1B holders (with conditions)
• F-1 students (in specific circumstances)
• M-1 students after completing studies
• I-485 applicants
• Asylees and some asylum applicants
• K-1, K-2, K-3, and K-4 visa holders
• Certain parolees from Cuba, Haiti, Nicaragua, or Venezuela
• J-2 dependents

Note: L-2 and E-1/E-2 spouses are now employment authorized "incident to status."

Filing Process for Form I-765

Complete the form

Attach supporting documents

Determine filing fee and location

Submit by mail or online (if eligible)

EAD Renewal

• EADs have expiration dates (90 days to 5 years)
• Renew by filing Form I-765 again
• File no more than 180 days before expiration
• Be aware of processing times (2-11 months)
• Some EADs are eligible for automatic extension (up to 540 days until September 2025)

If Your EAD Application Is Denied

• Determine if current EAD is still valid
• Identify reason for denial
• Refile with corrections or explore other visa options

Legal Assistance

Consider consulting an experienced immigration attorney for help with EAD applications or renewals.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for personalized guidance.