Immigration
Definition
A government-issued card that grants foreign nationals who are not permanent residents the legal right to work for any employer in the United States for a specified period.
An Employment Authorization Document (EAD), colloquially called a 'work permit,' is issued by USCIS to eligible foreign nationals who are not yet lawful permanent residents but are authorized to work in the U.S. under a specific immigration status or pending application. The EAD is a wallet-sized card that serves as a List A document for I-9 purposes, establishing both identity and employment authorization on its own.
Many categories of foreign nationals are eligible to apply for an EAD. The most common include: individuals with pending Adjustment of Status applications (I-485), spouses of certain H, E, and L visa holders, students with approved Optional Practical Training (OPT) or STEM OPT extensions, asylum applicants and asylees, TPS holders, DACA recipients, parolees, and individuals in various pending or protected status categories. The eligibility category is printed on the card and determines the scope and duration of work authorization.
For I-485 applicants, the EAD is typically filed concurrently with the green card application and provides open-market work authorization — the holder can work for any employer without restriction while the underlying application is pending. EADs are typically issued for one or two years and must be renewed before expiration. USCIS has auto-extension rules for certain categories, which allow continuous employment if the renewal application is filed timely.
Crucially, the EAD does not by itself confer immigration status. An EAD holder is not an H-1B worker or a permanent resident — they are authorized to work, but their underlying immigration category still governs travel, duration of stay, and eligibility for benefits.
For employers, understanding EAD categories matters for I-9 compliance and workforce planning. Hiring an EAD holder who is between jobs or transitioning from a dependent visa status can be a fast path to bringing on skilled international talent without the costs and delays of H-1B sponsorship — but only if the employer verifies the EAD properly and understands when it expires.
For foreign nationals, timely EAD renewal is critical. A gap in employment authorization can result in unlawful employment, jeopardize immigration benefits, and create complications in the green card process. An immigration attorney can ensure renewals are filed on time and advise on maintaining continuous work authorization throughout a long Adjustment of Status process.