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 Virginia, as in all states, employers are required to verify that all employees are legally authorized to work in the United States. This applies to all workers, regardless of citizenship or national origin. One common way for individuals to prove their work authorization is by obtaining an Employment Authorization Document (EAD), which is represented by Form I-766. To apply for an EAD, individuals must file Form I-765, Application for Employment Authorization. This is necessary for those who are authorized to work based on their immigration status, such as asylees, refugees, or U nonimmigrants, and need proof of this authorization, or for those who must seek permission to work, such as applicants with pending immigration status adjustments or asylum seekers. Certain nonimmigrant statuses require individuals to obtain an EAD before they can legally work in the U.S. Lawful permanent residents do not need an EAD as their Green Card serves as proof of work authorization. Similarly, holders of nonimmigrant visas that allow employment with a specific employer, such as H-1B or L-1B visa holders, do not require an EAD.