Recruiters and HR professionals often ask us if they can employ individuals who hold Employment Authorization Documents (EAD cards). The short answer is "yes. EAD cardholders do not require employer sponsorship to work”they are independently eligible for work authorization.
USCIS has over 40 categories for US EAD Card work eligibility. Examples of these categories include:
- Green card applicants who have a pending I-485
- Spouses of certain employment-based nonimmigrant visa holders (e.g., E-1, E-2, L-1)
- F-1 students taking part in an Optional Practical Training (OPT) program
- Individuals eligible for Deferred Action
- K-1 (fiance) visa holders
- Citizens of Micronesia, the Marshall Islands, and Palau
- Refugees
It's important that both employers and employees understand the purpose and limitations of the EAD card. By nature, EAD cards are temporary work permits. The EAD cardholder should be aware of the card's expiration date and initiate the process to renew the EAD card well before that date, since one must have the new card in-hand in order to continue working. USCIS allows the renewal application to be submitted no sooner than 120 days before the original EAD expiration date. Once the applicant is hired, an I-9 must be completed in order to verify the applicant's identity and work authorization. If the employee presents an EAD card for the I-9, this serves as a List A document and no further documentation is needed. Section 3 (Reverification) of the I-9 should then be completed whenever a renewed EAD card is obtained. An EAD card is not a green card, and should not be confused with permanent work authorization.