Imagine moving to the U.S. on a valid visa, settling into life, and waiting months to finally start your career, only to find you can’t legally work yet. This is the reality for thousands of immigrants every year who don’t realize that they first need an Employment Authorization Document (EAD).
The EAD is your proof of legal work authorization in the U.S., and it can open doors to professional independence, financial stability, and long-term opportunities. The EAD process can feel intimidating, but with the right guidance, it becomes manageable.
In this step-by-step guide, we’ll walk you through exactly how to apply for an EAD, from checking eligibility to receiving your card. Let’s get into it.
Step 1: Confirm Your Eligibility
The first step in learning how to apply for an EAD is confirming whether you qualify. Not every immigrant category is eligible, so it’s critical to double-check before you spend time and money applying.
Here are the eligible groups:
- Asylum seekers and refugees.
- Adjustment of Status applicants (those applying for a green card).
- F-1 students on OPT or STEM OPT.
- J-2 and L-2 dependents.
- H-4 spouses of H-1B visa holders (a very common category).
If you fall under one of these groups, you’re likely eligible to apply for an EAD. For H-4 spouses in particular, knowing how to apply for an EAD as an H-4 visa holder is critical, as it directly impacts your ability to work while your spouse is employed under H-1B status.
Always confirm your eligibility with USCIS before filing Form I-765.
Step 2: Gather the Required EAD Documents
The next step is to gather all the documents required for the EAD application. Missing even one item can lead to delays or denials.
Common documents needed for the EAD application include:
- A copy of your most recent passport.
- A copy of your current visa.
- Your I-94 Arrival/Departure Record.
- Two recent passport-style photos.
- A copy of any prior EAD (if applicable).
- Form I-797 approval notice (if applying through a dependent category like H-4).
For example, documents for an H-4 EAD application typically also include proof of the H-1B spouse’s status (such as the I-797 approval notice and recent pay stubs).
The required EAD application documents may vary slightly depending on your visa category, so double-check with the USCIS instructions before submitting. Accuracy and consistency across documents are essential.
Step 3: Complete Form I-765
Once your documents are ready, the core of the application is completing Form I-765. You fill out your personal information on this form, along with your immigration category and your eligibility code.
Key sections to focus on include:
- Personal Information: Make sure names and addresses match exactly across all documents.
- Immigration Category: Select the correct basis for eligibility.
- Eligibility Code: Enter the right code that corresponds to your category (e.g., (c)(9) for Adjustment of Status, (c)(26) for H-4 spouses).
A common mistake is misidentifying your category, which can delay the process. Always cross-check with the official instructions.
Step 4: Pay the Filing Fee
As of August 2025, the standard filing fee for Form I-765 is generally $520. However, certain applicants, such as those filing Form I-765 concurrently with Form I-485, are exempt from paying this fee. Some categories, like asylum applicants, may also be fee-exempt. Always verify the exact fee amount that applies to your eligibility category on the official USCIS website before submitting.
Accepted payment methods include:
- Online payment (via USCIS account with credit/debit card)
- Check (must be drawn on a U.S. bank and payable to “U.S. Department of Homeland Security”)
- Money order
If paying by check or money order, ensure you include the exact fee amount; no rounding or partial payments are allowed.
Unlike premium processing available for some immigration petitions, the EAD process itself cannot be expedited by paying extra. USCIS does offer expedited requests in rare situations (such as severe financial loss, emergencies, or humanitarian reasons), but these are discretionary and free to request. There is no official expedite fee for EADs.
Step 5: Submit Your Application
After completing the form and paying the fee, you can submit your application.
You have two options:
- Online submission: Create a USCIS online account, upload documents, and pay fees directly. This is usually faster and easier to track.
- Mail submission: Send a paper packet to a USCIS lockbox facility. The correct address depends on your eligibility category and state of residence.
Using the wrong address is one of the most common errors, so always check the latest USCIS instructions before mailing.
Step 6: Attend a Biometrics Appointment (If Required)
As of August 2025, biometrics are generally not required for most EAD applicants, especially those filing a standalone Form I-765. However, USCIS may still require biometrics in specific cases, such as when filing EAD concurrently with an Adjustment of Status (Form I-485) or for certain asylum categories.
If required, you’ll receive a notice to appear at a local Application Support Center (ASC). The process includes fingerprints, a photo, and a signature. Biometrics usually take less than 30 minutes and are scheduled a few weeks after submission.
Step 7: Wait for USCIS Decision
After submission, USCIS reviews your case. Processing times as of 2025 average between 3–8 months, depending on the category and service center workload.
You can check your case status online using your USCIS receipt number. If your case seems delayed beyond normal times, you can submit a service request or, in rare cases, request expedited processing.
Step 8: Receive and Use Your EAD Card
Once approved, USCIS will mail your EAD card. The card includes your photo, name, category code, and validity period.
With an EAD, you can:
- Legally work in the U.S. for any employer
- Apply for a Social Security Number (if you don’t already have one)
- Use it as part of Form I-9 verification with your employer
EAD validity usually ranges from 1–3 years, depending on your immigration category. Renewal applications should be filed several months before expiration to avoid employment gaps.
Common Mistakes to Avoid
Even small errors can lead to delays. When applying for an EAD, avoid these common mistakes:
- Submitting incomplete documents.
- Forgetting to include the filing fee or using an incorrect payment method.
- Choosing the wrong eligibility category.
- Using outdated forms instead of the latest version.
- Mailing to the wrong USCIS address.
- Forgetting to sign forms.
- Submitting unclear copies of documents.
- Not tracking your case status after submission.
Turning Your EAD Into Opportunity
Applying for an EAD card can feel overwhelming, but when broken down into simple steps, the process becomes clear and achievable. However, accuracy and preparation are important to avoid delays—or worse, denial.
The EAD unlocks career opportunities, financial stability, and the ability to build a full life in the U.S. By staying informed and preparing ahead, you give yourself the best chance at approval. And remember: every successful application begins with clarity, patience, and the confidence that you’re following the right steps.
If you’re unsure of where you stand or how to take the right step forward, visit ImmigrationQuestion.com and ask your questions for free. Experienced immigration attorneys in our network will guide you so you can take the next steps with confidence.
Frequently Asked Questions
1. Can I apply for an EAD while my adjustment of status is pending?
Yes, many applicants file Form I-765 along with their adjustment of status (Form I-485). This allows them to work legally while waiting for their green card.
2. Do I need to stop working if my EAD expires while a renewal is pending?
Yes, you must stop working if your current EAD expires, unless your category qualifies for automatic extension. Always apply for renewal 6 months early.
3. What’s the difference between an EAD and a work visa?
An EAD gives you the right to work in the U.S. regardless of employer, while a work visa is tied to a specific job or sponsor.
4. Are there restrictions on the type of work I can do with an EAD?
No, an EAD generally allows you to work in any lawful job, part-time or full-time, for any employer in the U.S.
5. Besides the H-4 EAD, what other categories are eligible for employment authorization?
Several categories exist, including adjustment of status applicants, asylum seekers, DACA recipients, TPS beneficiaries, and certain F-1 students on OPT or STEM OPT.
