Employment Authorization Document (EAD): How to Work Legally in the U.S.

Employment Authorization Document (EAD): How to Work Legally in the U.S.

Secure Your EAD Card and Start Working in the United States

Welcome to the Law Offices of Chris M. Ingram. This page explains the Employment Authorization Document (EAD), the work permit that allows many non-U.S. citizens to work legally in the United States without holding a Green Card or U.S. citizenship.

If you plan to work in the U.S. or are already here under a qualifying immigration status, understanding whether you need an EAD—and how to obtain one, is essential for protecting your legal status and employment eligibility.

Why the EAD Card Is Important

Under U.S. federal law, employers must verify every employee’s authorization to work using Form I-9. If you are not a U.S. citizen or permanent resident, an EAD card is often the document that proves your eligibility.

Without proper authorization:

• employers cannot legally hire you, and
• working without authorization may jeopardize your immigration status.

An approved EAD allows you to work lawfully and provides peace of mind for both you and your employer.

EAD Eligibility Categories (8 C.F.R. § 274a.12)

According to the Code of Federal Regulations, U.S. immigration law divides EAD eligibility into three main categories. Below is a simplified overview to help you understand where you may fall.

Category 1 – Individuals Automatically Authorized to Work Based on Status

If you fall into one of the following groups, you may apply for an EAD card based on your immigration status:

• a. Asylees or refugees, including individuals paroled in as refugees or asylum applicants 
• b. Nationals of certain countries (Micronesia or the Marshall Islands)
• c. Temporary Protected Status (TPS) recipients
• d. Spouses of E-1 or E-2 Treaty Traders or Investors
• e. Spouses of E-3 specialty occupation professionals from Australia
• f. L-1 intracompany transferees
• g. K-1 or K-3 fiancé(e)s of U.S. citizens and K-2 or K-4 dependents
• h. U-Visa holders

These individuals may request an EAD to document their right to work legally in the United States.

Category 2 – Individuals Authorized to Work for a Specific Employer

Some visa categories already grant employment authorization without requiring an EAD card. If you fall into one of these groups, you generally do not need to apply for an EAD:

• a. H-1B temporary workers or trainees 
• b. L-1 intracompany transferees
• c. O-1 extraordinary ability visa holders and O-2 accompanying personnel

Important:
If your immigration status already authorizes employment, filing for an EAD is unnecessary and may cause confusion.

Category 3 – Individuals Who Must Apply for an EAD to Work

If you are in one of the categories below, you must apply for an EAD before working in the United States:

• a. F-1 students (OPT, CPT, or off-campus employment) 
• b. J-2 dependents
• c. M-1 students seeking practical training
• d. Certain foreign government officials
• e. Spouses of H-1B nonimmigrants
• f. Deferred Action recipients
• g. DACA recipients
• h. T-1 nonimmigrant status holders
• i. VAWA self-petitioners

Approval of the EAD is required before employment can legally begin.

EAD Validity Periods and Renewals

EAD validity depends on your underlying immigration status. For example:

• some EADs are valid for one year,
• others may be valid for several years (up to five years in certain cases, such as E-2 spouses).

To avoid interruptions in employment, we recommend filing EAD renewal applications at least 120 days before expiration.

How We Help You Secure Your EAD

Whether you are currently in the United States or planning to work here in the future, our team helps you:

• determine whether an EAD is required,
• identify the correct eligibility category, and
• prepare and file your application accurately and efficiently.

In many cases, EAD planning also plays a key role in long-term immigration strategies, including transitions to permanent residency.

Take the Next Step Toward Legal Employment

If you are unsure whether you need an EAD, or want help securing one quickly and correctly, we’re here to guide you.

Contact the Law Offices of Chris M. Ingram for a free consultation and take the next step toward working legally and confidently in the United States.