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EAD (Employment Authorization Document)

LiveRec EditorialUpdated

An EAD is a card from USCIS showing you may work in the US. OPT students and some H-4 spouses receive one. It is also called a work permit. The card shows the category you were approved under and the dates it is valid, so check both before you start a job.

When you need to wait for it

For OPT, USCIS says you may not start until it approves your Form I-765 and you receive your EAD. Your start date on the card, not the date you filed, is what counts. Do not begin work early because the job is ready.

What to check on the card

  • Category. It shows the basis on which work authorization was granted.
  • Dates. The valid-from and valid-until dates set when you may work.
  • Your details. Name and date of birth should match your other records. If something is wrong, tell your Designated School Official or your attorney quickly.

What it means for employers

An employer completes the Form I-9 for each new hire and may accept an EAD as proof of work authorization. See Form I-9. The EAD is valid only for its dates, so employers track them.

When it is about to expire

On STEM OPT, USCIS says a timely filed extension application can automatically extend work authorization for up to 180 days while it is pending. Other categories have their own rules, so ask your attorney or school before the date passes.

Example

OPT cannot start until the EAD arrives, even if the offer letter lists an earlier start date.

Sources

This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.