Work Permit vs EAD: Work Authorization Types

There are several ways to be legally authorized to work in the United States:

1. U.S. Citizenship

• Permanent, unrestricted work authorization
• Born in U.S. or naturalized
• I-9 documents: U.S. Passport, or ID + Birth Certificate/Naturalization Certificate

2. Permanent Residence (Green Card)

• Permanent, unrestricted work authorization
• Work for any employer
• No employment sponsor needed
• I-9 document: Permanent Resident Card (I-551)

3. Employment Authorization Document (EAD/I-766)

• Work permit for specific categories of non-citizens
• Issued by USCIS
• Has expiration date
• Work for any employer while valid

4. Work Visas

• Authorization tied to specific employer
• Examples: H-1B, L-1, O-1, H-2A, H-2B
• Changing jobs requires new sponsorship

5. Student/Exchange Work Authorization

• F-1 OPT/CPT
• J-1 work authorization
• Limited duration and conditions

The EAD (Form I-766) is a USCIS-issued document that proves work authorization for a specific period of time.

Who may need an EAD?

• Certain students and nonimmigrants who need USCIS permission to work
• People with a pending asylum application
• People with a pending adjustment-of-status application
• Other eligible immigration categories listed by USCIS

Important distinction:

USCIS says some people do not need to apply for an EAD. For example:

• Lawful permanent residents use a Green Card as evidence of authorization
• Some nonimmigrant workers are authorized to work incident to status for a specific employer

EAD validity:

• EADs have expiration dates
• Renewal timing depends on category
• USCIS encourages filing a renewal as soon as you are within 180 days of expiration
• Some categories may qualify for automatic extension while renewal is pending

Using EAD for I-9:

• EAD is a List A document
• One valid, unexpired EAD can prove both identity and work authorization

Lawful Permanent Residents (LPRs) have unrestricted work authorization:

What Green Card Holders Can Do:

• Work for any employer
• Change jobs freely
• Work full-time, part-time, or flexible hours
• No employer sponsorship needed
• Self-employment allowed

Green Card for I-9:

• Permanent Resident Card (I-551) is a List A document
• Proves both identity and work authorization
• Note: Card expiration doesn't mean status expires
• LPR status is permanent; only the card needs renewal

Expired Green Card?

If your card is expired or expiring:

• File Form I-90 to renew (up to 6 months before expiration)
• Receipt notice extends validity for 24 months
• Consider getting a U.S. passport after naturalization for easier I-9

Path to Citizenship:

Green Card holders can apply for U.S. citizenship after:

• 5 years as permanent resident (general rule)
• 3 years if married to U.S. citizen
• Meeting residence and presence requirements

Important: Even permanent residents must complete Form I-9 at every new job. Citizenship isn't required to work.

Work visas tie your authorization to a specific employer:

H-1B Visa (Specialty Occupations)

• For professional jobs requiring bachelor's degree
• Employer must sponsor and petition USCIS
• 3-year initial period, up to 6 years total
• Changing employers requires new petition
• Portability: Can work for new employer once petition filed

L-1 Visa (Intracompany Transfer)

• Transfer from foreign office of same company
• L-1A: Managers/executives (7 years max)
• L-1B: Specialized knowledge (5 years max)
• Tied to sponsoring employer

O-1 Visa (Extraordinary Ability)

• For individuals with extraordinary achievement
• Arts, sciences, business, athletics, education
• Initially 3 years, renewable
• Tied to petitioning employer/agent

H-2B Visa (Temporary Non-Agricultural)

• Seasonal, peak-load, or intermittent need
• Common in hospitality, landscaping, carnivals
• Tied to petitioning employer
• Limited to specific period of need

If You're On a Work Visa:

• You can only work for your sponsoring employer
• Side gigs (even a staffing app) may not be authorized
• Consult an immigration attorney before additional employment
• Some visas allow spouse to work (H-4 EAD, L-2)

Most non-permanent work authorization expires and needs renewal.

EAD renewal basics:

• File Form I-765 with USCIS
• Start planning early
• USCIS encourages renewal filing as soon as you are within 180 days of expiration
• Some categories may receive automatic extension while a timely renewal is pending

During renewal:

• Keep your expired EAD and I-797C receipt notice if your category qualifies for ongoing work authorization
• Monitor your case status at USCIS
• Give your employer updated evidence when required

Planning ahead:

USCIS processing times can vary. File as early as your category allows so you reduce the chance of a work gap.

Know your rights during the hiring process:

Employers CANNOT:

❌ Ask about immigration status before hiring ❌ Require specific documents for I-9 ❌ Refuse to hire based on citizenship status (with limited exceptions) ❌ Retaliate if you file a discrimination complaint ❌ Ask to see documents before making a job offer ❌ Treat you differently based on national origin

Employers CAN:

✓ Ask "Are you authorized to work in the United States?" on application ✓ Ask "Will you now or in the future require sponsorship?" on application ✓ Require I-9 completion and valid documents after hire ✓ Verify documents through E-Verify ✓ Require reverification when work authorization expires

Interview Questions:

If You Experience Discrimination:

Contact the Immigrant and Employee Rights Section (IER):

• Phone: 1-800-255-7688 (worker hotline)
• TTY: 1-800-237-2515
• Website: justice.gov/crt/ier

Document Abuse:

If an employer:

• Demands specific documents
• Rejects valid documents
• Requires more documents than necessary
• Requests documents again before expiration

This may be document abuse, a form of discrimination.

Staffing apps work with workers who have valid work authorization.

What you'll need:

• Valid I-9 documents (see I-9 Documents List)
• Social Security Number or any employer-required follow-up tied to onboarding
• Bank account for direct deposit
• Smartphone (iOS or Android)

E-Verify process:

Many staffing apps use E-Verify:

1. You complete Section 1 of Form I-9
2. Present original documents
3. Information is submitted to E-Verify
4. If issues arise, you are notified and can follow the resolution process

When your authorization expires:

• You must stop working when authorization expires
• Update your staffing-app profile when you renew
• Re-verify with new documents when required
• Set reminders so you do not miss renewal windows

For immigration questions, use the USCIS website or speak with a licensed immigration attorney or DOJ-accredited representative.

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