Employment Authorization Document Frequently Asked Questions
If you still need clarification on getting a work permit in the United States, check out this section of our EAD guide, where we answer the most frequent questions our clients send!
How long is a work permit (EAD) valid?
The validity period for a new EAD depends on why you’re eligible for work authorization. In general, most new work permits are valid for one year. However, suppose you’re applying for work authorization through the status adjustment process. In that case, the initial EAD and any renewals you receive while your green card application is pending will typically only be valid for two years.
How much does it cost to get an Employment Authorization Document?
There are two components to the EAD application fees:
- Filing fee: This standard fee (form I-765) is $520 and covers the processing costs associated with your application.
- Biometrics fee: Not everyone needs to pay this additional $85 fee. It’s required for three specific applicant groups:
- Applicants seeking DACA
- Individuals with approved employment-based green card petitions facing compelling circ*mstances
- Spouses and unmarried dependent children of those with approved employment-based green card petitions facing compelling circ*mstances.
You won’t be responsible for the biometrics fee if you don’t fall into one of these categories.
Can I use the work permit as a form of identification in the United States?
Yes. While not a primary form of identification like a passport or driver’s license, your EAD can be used as an I.D. in certain situations.
What happens if I change my name after getting an initial work permit? Will it still be valid?
A common question is what happens if your last name changes after receiving your EAD, perhaps due to marriage. In this scenario, once you have your updated passport reflecting your new name, you must apply for a “Replacement EAD.” Unfortunately, the original EAD becomes invalid.
In this case, you need to submit your original EAD, but you’ll also need to pay the application fee again. The processing times for replacements can be similar to those for an initial EAD application, so arm yourself with patience until USCIS approves your new I-765 form.
Keep a copy of your original EAD along with the receipt notice from USCIS confirming your new application to avoid any disruption to your employment authorization while you wait for the replacement.
How long does it take to process my work permit?
The processing time for your Employment Authorization card is the same as Form I-765. It can take anywhere from 7 to 12 months. While USCIS used to process work permit applications (Form I-765) in around 6-7 months, current EAD processing times generally take longer due to an increasing backlog.
Is the EAD card the same as a green card?
While both Employment Authorization Documents and green cards allow you to work legally in the United States, they represent different authorization levels and come with varying benefits.
The green card grants you the right to live and work in the U.S. indefinitely, with a path towards eventual American citizenship. Green cards offer additional privileges like eligibility for certain government benefits and sponsorship of family members for immigration.
An EAD, on the other hand, is a work permit. It authorizes you to work legally in the U.S. for a specific period, usually one year, though it can be renewed. EADs are temporary and don’t provide a pathway to citizenship directly. They are issued to individuals in various immigration statuses, such as students with work authorization or asylum seekers.
In other words, a green card is a key that unlocks the door to permanent residency and a more comprehensive range of opportunities in the U.S., while an EAD is more like a temporary pass that allows you to work legally for a specific timeframe.
Should I apply for a work permit while having a work visa, and why?
Absolutely! While a valid work visa allows you to work legally, applying for a work permit (EAD) with your green card submission offers several advantages. It acts as a safety net if your visa experiences delays or denial and provides more freedom by granting “open market” work authorization. This means you can switch employers or start your own business without limitations tied to your current visa. It’s a strategic move that offers peace of mind and extra flexibility during the green card process.
