An Employment Authorization Document (EAD) is a work permit issued by the U.S. Citizenship and Immigration Services (USCIS) that allows eligible noncitizens to legally work in the U.S. for a limited period. An EAD is a physical card with the cardholder’s name, photograph, other identifying information, and employment authorization dates. The card must be renewed before the expiration date to maintain a lawful work status.
Since the passage of the Immigration Reform and Control Act (IRCA) in 1986, employers have been responsible for verifying that their employees are eligible to work in the United States. An Employment Authorization Document (Form I-766) is an essential piece of documentation to confirm work eligibility during the hiring process. It proves someone has permission to take a job while living in the United States.
In addition to reviewing a job seeker’s EAD, you must verify their employment eligibility through the Form I-9, Employment Eligibility Verification process (more on that below).
Who needs an EAD to work in the U.S.?
Several categories of prospective employees require an employment authorization document to work legally in the United States. Among them are:
- Asylum seekers. Asylees can apply for work authorization 150 days after filing their asylum application, giving them a path to employment while their case is pending.
- Temporary Protected Status (TPS) beneficiaries. Refugees may work for the duration of their TPS designation.
- Spouses of certain visa holders. Spouses of certain visa holders are automatically given an EAD, while spouses of other types of visa holders must apply for one to work lawfully. Seek counsel from immigration experts for further guidance.
- Students with F-1 visas. These students must obtain an EAD for Optional Practical Training (OPT) or when seeking work due to “severe economic hardship.”
Other noncitizens who must obtain EADs in the U.S. include Deferred Action for Childhood Arrivals (DACA) recipients and foreign nationals with temporary immigration statuses that allow them to work.
How does the EAD compare to other U.S. work authorization documents?
Navigating U.S. employment documents can get confusing fast, especially if immigration law is not your area of expertise.
Below is a quick guide that clears up the key differences between commonly referred to documents. Use this summary to spot what each document does and when it’s needed:
- Work visa vs. EAD. A work visa, such as an H-1B visa, grants entry to a foreign national to the U.S. for employment. An EAD provides employment eligibility but not entry permission.
- Work permit vs. EAD. The term work permit is used colloquially to describe a document that allows an immigrant to work lawfully. In the U.S., an EAD is the de facto work permit.
- Green card vs. EAD. A green card grants a foreign national permanent residency in the U.S., as well as ongoing work authorization. An EAD grants temporary work authorization tied to a specific immigration status. Green card holders do not need to obtain an EAD.
- Work authorization vs. EAD. The term work authorization refers to the legal right to work. In the U.S., an EAD is one proof of that right.
Why EAD compliance matters for employers
EAD compliance is critical. Verifying employment authorization through proper documentation, like EADs, is required for Form I-9 compliance under federal law. Failure to properly complete this verification may result in significant civil or, less commonly, criminal penalties, including fines and no longer being eligible for government contracts.
As part of the Form I-9 verification process, employers must examine and record EAD information within three business days of an employee’s start date. When recording your employees’ EAD information, note the expiration date. Per Hinshaw Law, you are “required to reverify employment authorization no later than the document’s expiration date.” Also, if you know that one of your employees’ EADs has expired, you are noncompliant with the law.
U.S. Immigration and Customs Enforcement (ICE) audits I-9 forms to discover employers that are not following immigration-related employment law. According to reporting by Colorado Public Radio on ICE raids on Denver-based janitorial service providers in 2025, “I-9 audits are a more common tactic than workplace raids. Agents identify a company and subpoena them for I-9 forms and any supporting documents that were presented prior to employment, like green cards, a driver’s license, or [an] employment authorization document.”
As an employer, it’s your responsibility to ensure whoever you hire is legally allowed to work in the United States. Employment authorization document compliance helps ensure that if you hire a noncitizen, they are authorized to work in the United States. This reduces, although does not eliminate, the risk of employing anyone who lacks legal work status.
Proper verification of EADs protects you from workplace disruptions that could occur from employees’ being deported or immigration raids, as well as fines, penalties, and possible damage to your business’s reputation.
Planning to hire a noncitizen?
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This information does not, and is not intended to, constitute legal or tax advice and is for general informational purposes only. The intent of this document is solely to provide general and preliminary information for private use. Do not rely on it as an alternative to legal, financial, taxation, or accountancy advice from an appropriately qualified professional. The content in this guide is provided “as is,” and no representations are made that the content is error-free.
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