Think of an Employment Authorization Document, or EAD, as a work permit. It is an official card that proves you are allowed to have a job in the United States. The card has your picture on it, your name, and an expiration date.
The part of the government that handles immigration is called the United States Citizenship and Immigration Services, or USCIS. This is the group that gives out EAD cards. They check your information to make sure you are allowed to work here.
In the United States, employers must make sure that all of their workers have permission to work. When you get a new job, your boss will ask to see documents that prove you are allowed to work legally. An EAD card is one of the best ways to show this.
Without a work permit, it is very hard to get a job legally. Having this card opens doors for you. It lets you support yourself and your family. It gives you peace of mind knowing you are following the rules.
An EAD is not the same as a green card or citizenship. A green card means you are a permanent resident and can live and work in the U.S. forever. An EAD is often for a set amount of time and may need to be renewed. It is a very important step for many people on their journey to living and working in America. Many people get an EAD while they are waiting for a decision on their green card application or another immigration case.
In Texas, Who Is Eligible To Receive an Employment Authorization Document?
The rules for who can get a work permit are the same all over the country, including in Texas. These rules are made by the U.S. federal government. USCIS has a long list of people who can apply for an EAD.
It can be hard to know if you fit into one of the groups. Here are some of the most common examples of people who can often get an EAD:
- Asylum Seekers: If you have come to the U.S. because you are afraid to return to your home country and you have applied for asylum, you can often apply for an EAD after your case has been waiting for a certain amount of time.
- Refugees: People who have been granted refugee status are allowed to work as soon as they arrive.
- People Adjusting Their Status: If you have applied for a green card, this is called immigration status adjustment. While you are waiting for USCIS to decide on your green card application, you can usually apply for an EAD. This lets you work while your case is being reviewed.
- Spouses of Certain Visa Holders: If your husband or wife is in the U.S. on a certain type of work visa (like an L-1 or E-2 visa), you may be able to get a work permit.
- Students with a Temporary Visa: Some foreign students on an F-1 temporary visa can get permission to work in jobs related to their studies. This is often called Optional Practical Training or OPT.
- DACA Recipients: Young people who came to the U.S. as children and have been approved for the Deferred Action for Childhood Arrivals (DACA) program can get an EAD.
- People with Temporary Protected Status (TPS): If your home country is going through a disaster or a war, the U.S. government might give you TPS. People with TPS can get a work permit.
This is not a full list. Many other people in different types of non-immigrant status can also apply. Because there are so many different rules, it can be a good idea to talk with a Texas immigration lawyer. They can look at your personal situation and tell you if you are able to apply for a work permit. Getting good advice can save you time and worry.
How Can I Obtain an Employment Authorization Document Card in Texas?
Getting your EAD card involves filling out forms and sending them to the government. It is important to be very careful and follow all the steps. A small mistake can cause long delays. Here is a simple guide to the process.
Step 1: Get the Right Form
The main form you need is called Form I-765, Application for Employment Authorization. You can find this form for free on the USCIS website. Always make sure you are using the newest version of the form. USCIS updates its forms sometimes, and using an old one will cause your application to be rejected.
Step 2: Fill Out the Form Completely and Honestly
You must answer every question on the form. If a question does not apply to you, you should write “N/A” or “None.” Do not leave any blanks. It is very important to be honest. Lying on an immigration form can cause very serious problems. Double-check all your answers for mistakes before you sign the form.
Step 3: Gather Your Supporting Documents
You will need to send copies of certain papers with your application. The papers you need will depend on why you are applying for the work permit.
Common documents include:
- A copy of your passport or other photo ID.
- A copy of your I-94 arrival/departure record.
- Two passport-style photos of yourself.
- Proof of your immigration status (like the receipt notice for your green card application).
The instructions for Form I-765 will tell you exactly which documents you need for your situation. Make sure you send copies, not your original documents, unless USCIS specifically asks for an original.
Step 4: Pay the Filing Fee
Most people have to pay a fee to USCIS to review their application. You can check the USCIS website for the current fee amount. Fees can change, so it is important to check right before you send your application. You can usually pay with a check, money order, or credit card.
If you cannot afford the fee, you might be able to ask for a fee waiver. You would need to fill out another form (Form I-912) and show proof that you cannot pay.
Step 5: Mail Your Application
Once you have the filled-out form, all your documents, and the payment, you will mail the whole package to USCIS. The address where you send it depends on where you live in Texas and why you are applying. The USCIS website has a page that will tell you the correct mailing address.
After you mail it, USCIS will send you a receipt notice in the mail. This shows they have your application. It will also have a case number that you can use to check the status of your case online. The wait times can be long, so be prepared to be patient.
What if an Application for an Employment Authorization Document Is Denied?
Getting a letter from USCIS saying your application was denied can be scary. But it does not always mean it’s the end of the road. It is important to read the denial letter very carefully. The letter will explain why they denied your case.
Here are some common reasons an application might be denied:
- You made a mistake on the form.
- You forgot to include a required document.
- You sent the wrong fee amount.
- USCIS decided that you are not eligible for a work permit.
Understanding the reason for the denial is the first step to figuring out what to do next. You may have a few options.
Option 1: File a Motion to Reopen or Reconsider
If you think USCIS made a mistake, you might be able to ask them to look at your case again.
- A Motion to Reopen is used if you have new facts or new documents to show them. For example, if you forgot to send a paper and now you have it.
- A Motion to Reconsider is used if you believe USCIS made a legal error. This means you think they did not apply the law correctly to your case.
There are strict deadlines for filing these motions, so you must act quickly. This part of the process can be very technical. This is a situation where getting help from one of the many skilled Texas lawyers is a very good idea.
Option 2: Reapply
In some cases, the easiest thing to do is to file a new application. This is often the best choice if the denial was because of a simple mistake that you can fix. For example, if you left a section blank on the form or forgot to sign it, you can fix that and send in a whole new application package. You will likely have to pay the filing fee again.
Option 3: Seek Legal Help
If you get a denial, you should seriously think about getting a lawyer consultation. An experienced Texas immigration lawyer can review your denial notice, explain your options in a clear way, and help you decide on the best plan. They can help you prepare a motion or a new application to give you the best chance of success. A denial can feel like a big setback, but with the right help, you may be able to overcome it.
A lawyer can also help with bigger immigration goals. Many people apply for a work permit while also seeking other benefits, such as different types of employment visas or an immigration status adjustment to get a green card. An attorney can manage all parts of your case to ensure everything works together smoothly.
Do I Need a Lawyer in Texas To Help Me With an Employment Authorization Document?
Your future is important. Getting help from a legal professional can protect your ability to work and live in the United States. If you are feeling unsure about the EAD process or want to make sure your application is as strong as it can be, you should get a lawyer consultation.
LegalMatch can connect you with experienced Texas immigration lawyers in your area who can help you with your EAD application and other immigration needs. Take the first step today to get the help you need.