The Employment Authorization Document “EAD” Card

Video Transcript – Welcome to the Law Offices of Chris M. Ingram. Let’s talk about the Employment Authorization Document, or EAD Card—a key document for individuals who want to work legally in the United States but aren’t U.S. citizens or Green Card holders.
Under federal law, all U.S. employers must verify their employees’ legal ability to work. This is done through Form I-9, which every employee is required to complete.
So, if you’re not a U.S. citizen or Green Card holder and want to work in the U.S., you’ll need to secure an EAD card to ensure you’re authorized for employment and avoid any legal issues.

Status Requirements for Applying for an EAD Card

USCIS has defined three categories of individuals who are eligible for an EAD Card under 8 C.F.R 274a.12. They are as follows:

Category 1: People Automatically Authorized to Work Based on Their Status
If you fall into one of these groups, you can apply for an EAD card:

a. Asylee/Refugee, Paroled in as a Refugee or Asylum Applicant;
b. Nationality of certain countries (Micronesia/Marshall Islands);
c. Recipients of Temporary Protected Status;
d. Spouse of E-1/E-2 Treaty Trader or Investor or E-3 Certain Specialty of Occupation Professional from Australia;
e. L-1 Intracompany Transferee;
f. K-1/K-3 Nonimmigrant Fiance(e) of U.S. Citizen or K-2/K-4 Dependents;
g. U Visa Holders.

Category 2: People Authorized to Work for a Specific Employer
If your visa already gives you the right to work, you don’t need to apply for an EAD card. This includes:

a. Temporary Worker or Trainee (H-1B Visa Holder);
b. Intra-Company Transferee (L-1);
c. Aliens having extraordinary ability (O-1) and accompanying aliens (O-2.)

*Note individuals in this category do not need to apply for an EAD card as their status already grants them permission to work in the United States.

Category 3: People Who Must Apply for an EAD to Work
If you’re in one of these categories, you’ll need to file for work authorization:

a. Foreign students (F-1 Visa Holders), OPT, Off-Campus Employment;
b. J-2 Visa Holders;
c. M-1 Student Seeking Practical Training after Completing Studies;
d. Foreign Government Officials;
e. Spouse of an H-1B Nonimmigrant;
f. Deferred Action Recipients;
g. Deferred Action for Childhood Arrivals;
h. T-1 Nonimmigrant Status;
i. VAWA Self-Petitioners.

Application and Eligibility Period

If granted, your EAD will typically be valid up to the length of your authorized stay. For example, if you are an E-2 spouse, who has been granted an E-2 visa for 5 years, your EAD card could be valid for up to those five years. However, U.S. Immigration retains the right to issue EAD Cards for a shorter period of time.

If your EAD is expiring but you’re still in valid status, you can apply for a renewal. USCIS recommends filing no more than 120 days before expiration to avoid gaps in work authorization.

Whether you’re already in the U.S. or planning to come here for work, we’re here to guide you every step of the way. We are extremely dedicated to ensure that our clients goals of being able to work in the U.S., and embarking on a pathway to permanent status are met in as short of a time period as possible. Contact us today to schedule a free consultation.

Chris M. Ingram, a U.S. Immigration Attorney, is originally from Northampton, England. He earned his BA (Hons) in Law from De Montfort University, Leicester, UK, in 1994. In 1996, he completed his Post Graduate Diploma in Legal Practice (PGDLP) at De Montfort School of Law, followed by a Master of Laws (LL.M.) from Huddersfield University, UK, in 1998. After relocating to the United States, Chris was admitted to the New York State Bar in 2003 and has been a proud member of the American Immigration Lawyers Association (AILA) since 2004.

Having experienced the U.S. immigration process firsthand with his wife and three children, Chris M. Ingram founded his law firm with a mission to ensure that every client receives the best possible immigration experience. He recognized the need for accessible and comprehensive immigration education, leading him to develop one of the most informative online platforms available today.

The Law Offices of Chris M. Ingram website now features:

1. Over 1,000 pages of immigration resources
2. Hundreds of educational videos on visa and green card options
3. Client success stories and testimonials to inspire new applicants

We continually update and expand our content to keep visitors informed about the latest immigration policies, visa options, and legal strategies.

Chris M. Ingram strongly believes that every potential client deserves a free consultation. This allows individuals to speak personally and confidentially with an immigration specialist about their visa, work permit, or green card options. Our goal is to provide the guidance and expertise needed to help you achieve your American Dream.
We’re delighted you’ve found us, and we look forward to helping you make your immigration journey a reality. You’ve come to the right place!

All videos and content created by the Law Offices of Chris M. Ingram are intended for general informational purposes only and do not constitute legal advice. If you require specific guidance regarding your immigration case, please contact our office for personalized legal assistance.
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