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 North Carolina, as in all states, employers are required to verify that all employees are legally permitted to work in the United States. This applies to individuals of any citizenship or national origin. An Employment Authorization Document (EAD), which is obtained by filing Form I-765 (Application for Employment Authorization), serves as proof that an individual is allowed to work in the U.S. for a certain period. Individuals who may need to apply for an EAD include those with specific immigration statuses that permit work (such as asylees, refugees, or U nonimmigrants) and those who must seek permission to work (such as applicants with pending adjustments of status or asylum applications, or certain nonimmigrants like F-1 or M-1 students). Lawful permanent residents do not need an EAD, as their Green Card serves as proof of work authorization. Similarly, nonimmigrant visa holders authorized to work for a specific employer (e.g., H-1B, L-1B, O, or P visa holders) do not require an EAD. Employers must use the Form I-9 process to verify the work eligibility of all new hires, and compliance with these requirements is enforced by federal law, specifically the Immigration Reform and Control Act (IRCA).