Employers must confirm that all employees are allowed to work in the United States—regardless of citizenship or national origin. Having an Employment Authorization Document (Form I-766/EAD) is one way to prove you are allowed to work in the United States for a specific time period.
To request an EAD, you must file Form I-765, Application for Employment Authorization. You will need to apply for an EAD if you:
• Are authorized to work in the United States because of your immigration status (for example, you are an asylee, refugee, or U nonimmigrant) and need evidence of that employment authorization, or
• Are required to apply for permission to work—in other words, you need to request employment authorization itself. For example:
o You have a pending Form I-485, Application to Register Permanent Residence or Adjust Status.
o You have a pending Form I-589, Application for Asylum and for Withholding of Removal.
o You have a nonimmigrant status that allows you to be in the United States but does not allow you to work in the United States without first seeking permission from U.S. Citizenship and Immigration Services (USCIS)—such as an F-1 or M-1 student visa.
You do not need to apply for an EAD if you are a lawful permanent resident. Your Green Card (Form I-551, Permanent Resident Card) is evidence of your employment authorization. You also do not need to apply for an EAD if you have a nonimmigrant visa that authorizes you to work for a specific employer—for example, you have an H-1B, L-1B, O, or P visa.
In Arizona, as in all states, employers are required to verify the employment eligibility of their employees. The Employment Authorization Document (EAD), also known as Form I-766, serves as proof that an individual is permitted to work in the United States for a certain period. Individuals who are authorized to work based on their immigration status, such as asylees, refugees, or U nonimmigrants, or those who must seek permission to work, need to file Form I-765 to request an EAD. This includes individuals with pending applications for permanent residence or asylum, as well as those on nonimmigrant visas that do not inherently permit employment without authorization from U.S. Citizenship and Immigration Services (USCIS), like F-1 or M-1 students. Lawful permanent residents do not need an EAD, as their Green Card serves as evidence of their right to work. Similarly, holders of nonimmigrant visas that allow employment with a specific employer (e.g., H-1B, L-1B, O, or P visas) do not require an EAD. Employers must comply with federal immigration laws and regulations regarding employment eligibility verification, using Form I-9 to document that they have verified their employees' authorization to work in the U.S.