Employment Authorization Toolkit

Employment Authorization

Toolkit

For Pro Bono Attorneys

Last Updated: January 3, 2023

Table of Contents

About HIAS .............................................................................................................................. 1

About the EAD Toolkit ............................................................................................................. 1

About Employment Authorization Documents (EADs) ............................................................. 2

EADs for Asylees and Refugees ................................................................................................ 3

Asylees, EAD category (a)(5) ..................................................................................................... 3

Refugees, EAD category (a)(3) ................................................................................................... 4

EADs for TPS Holders and Applicants ....................................................................................... 5

Background on TPS.................................................................................................................... 5

EADs for TPS Applicants, Category (a)(12) ................................................................................. 5

EADs for Asylum Applicants ..................................................................................................... 6

EADs for Asylum Applicants, Category (c)(8) ............................................................................. 6

EADs for Adjustment of Status (Green Card) Applicants .......................................................... 7

Background on EADs for Green Card Applicants ....................................................................... 7

EADs for Adjustment of Status, Category (c)(9) ........................................................................ 7

EADs for Parolees .................................................................................................................... 8

Background on EADs for Parolees ............................................................................................. 8

EADs for Parolees, Category (c)(11) .......................................................................................... 8

EADs for Afghan and Ukrainian Parolees, Category (c)(11) ....................................................... 8

EADs for Deferred Action Recipients ...................................................................................... 10

Background on EADs for Deferred Action Recipients .............................................................. 10

EADs for Special Immigrant Juveniles with Deferred Action, Category (c)(14) ........................ 10

Filing Fees and Fee Waivers ................................................................................................... 11

Filing Fees ................................................................................................................................ 11

Considerations for EAD Filings and FAQs ............................................................................... 12

EAD Filing Checklist ............................................................................................................... 15

Initial Application .................................................................................................................... 15

Renewal Application ............................................................................................................... 16

Appendix A: Samples and Templates ..................................................................................... 17

About HIAS

There have never been more people seeking safety and so few places willing to protect and

welcome them. Over 100 million people are forcibly displaced. Governments should be taking

responsibility to support them, but instead, their responses are unacceptable. Founded in the

late 1800s, HIAS is there for refugees when and where they need help most. We are a Jewish

humanitarian organization that works in the United States and 20+ other countries and work

through a network of affiliates in more than 20 cities around the US, providing vital services to

refugees and asylum seekers of all faiths so they can rebuild their lives in safety, and with dignity.

With the Jewish community beside us, we also advocate for the rights of forcibly displaced people

globally. Over our expansive history, we’ve confronted—and overcome—formidable challenges

facing refugees. Today, we are a leader with the expertise, partnerships, and values necessary to

respond to the global crisis. Refugees deserve a world in which they find welcome, safety, and

freedom. With you, we can create it. Join us.

• Learn about the global refugee crisis and how to make our world safer and more welcoming.

• Visit HIAS.org to learn about our work in the U.S. and around the world.

• Donate to HIAS, or directly to HIAS’ Legal Team. Your gift will make an immediate impact on

the lives of refugees and asylum seekers.

• Take action. Speak up, show up, or organize your community to advocate for the rights of

refugees and asylum seekers everywhere.

• Volunteer your time and talents directly to help refugees and asylum seekers near you.

• Welcome the Stranger. Learn about the Jewish values we bring to our work and how you can

live them out every day.

• Follow HIAS on social media (Facebook – Instagram – Twitter) to stay informed on refugee

news and ways to help.

About the EAD Toolkit

This toolkit is intended to be useful for HIAS Pro Bono Attorneys, who are most commonly

preparing employment authorization documents for clients who are refugees, asylees, asylum-

seekers, parolees, or green card applicants. As you’ll see below, we’ve broken down some of the

ways in which this application may be different depending on the client’s status. This toolkit is

not intended to provide information about every potential basis that a non-citizen may qualify

for or seek employment authorization. If your client’s basis for seeking employment

authorization is not covered in this toolkit, or you have other questions, please contact your HIAS

mentor, or HIAS’ Pro Bono and Partnerships team at [email protected].

About Employment Authorization Documents (EADs)

What is an Employment Authorization Document (EAD)?

An EAD is an identity document issued by U.S. Citizenship and Immigration Services (USCIS) to

certain noncitizens to help them establish that they are permitted by U.S. law to seek and obtain

employment in the U.S.

Who is eligible for work authorization?

A noncitizen may not simply apply for work authorization; they must first have an underlying

immigration status or immigration case that provides a legal basis for qualifying for work

authorization.

There are several ways in which a noncitizen may become eligible for an EAD. The different ways

in which a noncitizen is eligible for an EAD are noted on the EAD cards as specific category codes.

The category code refers to the section of 8 CFR 274a.12, which provides the legal basis for USCIS

to issue the EAD in that particular category. For

example, the classification code “A03” refers to 8

CFR 274a.12(a)(3), which provides refugees with

the right to employment authorization. Refugees

therefore apply for EADs under category (a)(3) and

USCIS accordingly issues the EADs under category

(a)(3). Asylum seekers are eligible for work

authorization under category (c)(8), and asylees

(those granted asylum) are eligible for work

authorization under category (a)(5).

Some noncitizens are automatically authorized to work incident to their immigration status,

while others must specifically apply for employment authorization to work and are only

authorized to work for the period specified on their EAD. For example, a noncitizen who was

paroled into the U.S., or who has a pending asylum application must apply for employment

authorization to work; they are not permitted to work without an EAD card, and if granted, are

only permitted to work during the validity period issued on the EAD. In contrast, a noncitizen

granted refugee or asylee status is authorized to work incident to their status, meaning they are

legally allowed to work simply because they are a refugee or an asylee. Although refugees and

asylees do not need to apply for EAD cards, many choose to do so, as it can make it easier to

prove authorization to work and acts as a form of government issued photo ID.

How do I apply for work authorization for my client?

Complete Form I-765, Application for Employment Authorization and file it with Form G-28,

Notice of Entry of Appearance of Attorney, along with the required evidence. You may also need

to include either a filing fee or a fee waiver request on Form I-912. Additional information,

including sample filings, is included below.

EADs for Asylees and Refugees

Asylees, EAD category (a)(5)

Although asylees are automatically eligible to work in the U.S., incident to their status, many

asylees still like having a valid EAD, as it can make it easier to prove eligibility to work, and it

serves as a useful form of government-issued photo ID. EADs under category (a)(5) are typically

valid for 2 years.

Asylees Granted Status at the USCIS Asylum Office: If your client is granted asylum at the asylum

office, USCIS will automatically generate and send an EAD under category (a)(5).

Asylees Granted Status at the Immigration Court: If your client is granted asylum by the

immigration court, and would like an EAD, they must file a Form I765 with USCIS to request an

EAD under category (a)(5).

Fees for an Asylee EAD: There is no filing fee for an initial EAD filed under category (a)(5).

However, if an asylee wishes to renew their category (a)(5) EAD, they must pay a fee of $410, or

request a fee waiver on Form I-912.

Renewing an Asylee EAD: If your client already holds a category (a)(5) EAD and wants to renew

it, we recommend filing your client’s renewal application 4-6 months before their current card

expires due to extensive processing delays by USCIS. Please note, applications submitted any

earlier than 6 months prior to the expiration date will likely be rejected by USCIS.

Automatic Extension: If a renewal application is submitted before the current EAD expires,

and before October 26, 2023, USCIS will automatically extend the validity of the EAD for

540 days. If a renewal application is submitted before the current EAD expires, and after

October 26, 2023, USCIS will automatically extend the validity of the EAD for 180 days.

The automatic extension only applies if the EAD renewal is filed in the same category as

the prior EAD. For more information on this policy, see the USCIS website:

https://www.uscis.gov/eadautoextend

EADs and Lawful Permanent Residency: An asylee is eligible to apply for Lawful Permanent

Residency (a “green card”) after holding asylee status for one year. Because EADs issued in

category (a)(5) are granted for two years, an asylee may not need to renew their EAD issued

under category (a)(5). Some noncitizens who apply for Lawful Permanent Residency (called

adjustment of status) qualify for EADs under a separate adjustment-of-status-pending category,

however asylees still apply for EADs under the asylee-based category, (a)(5), even if they have a

pending adjustment of status application.

Refugees, EAD category (a)(3)

Refugees typically receive their initial EADs in category (a)(3) at the time they arrive in the U.S.

Although refugees are eligible to work incident to their status, many refugees still like having a

valid EAD, as it can make it easier to prove eligibility to work, and it serves as a useful form of

government-issued photo ID. EADs in category (a)(3) EADs are valid for 2 years.

Fees for a Refugee EAD: There is no filing fee for an initial EAD filed under category (a)(3).

However, if a refugee wishes to renew their category (a)(3) EAD, they must pay a fee of $410, or

request a fee waiver on Form I-912.

Renewing a Refugee EAD: If your client wants to renew their EAD, we recommend filing your

client’s renewal application 6 months before their current card expires due to extensive USCIS

processing delays. Please note, applications submitted any earlier than 6 months prior to the

expiration date will be rejected by USCIS.

Automatic Extension: If a renewal application is submitted before the current EAD expires,

and before October 26, 2023, USCIS will automatically extend the validity of the EAD for

540 days. If a renewal application is submitted before the current EAD expires, and after

October 26, 2023, USCIS will automatically extend the validity of the EAD for 180 days.

The automatic extension only applies if the EAD renewal is filed in the same category as

the prior EAD. For more information on this policy, see the USCIS website:

https://www.uscis.gov/eadautoextend

EADs and Lawful Permanent Residency: A refugee is required by statute to apply for Lawful

Permanent Residency (a “green card”) after entering the U.S. as a refugee. Because EADs issued

in category (a)(3) are granted for two years, a refugee may not need to renew their EAD issued

under category (a)(3). Some noncitizens who apply for Lawful Permanent Residency (called

adjustment of status) qualify for EADs under a separate adjustment-of-status-pending category

((c)(9), see below), refugees still apply for EADs under the refugee-based category, (a)(3) even if

they have a pending adjustment of status application.

EADs for TPS Holders and Applicants

Background on TPS

Temporary Protected Status (TPS) is a short-term immigration benefit for individuals who are

unable to return to their home country safely due to conditions or circumstances preventing the

home country from adequately handling the noncitizens’ return. Such circumstances may

include: ongoing armed conflict; natural disaster (like earthquake, flood, drought, epidemic, or

other environmental disaster); or other “extraordinary and temporary conditions” which prevent

the citizens of that country from returning in safety. Eligible individuals can apply for TPS and, if

granted, enjoy a temporary protection from immigration enforcement or deportation (typically

6, 12, or 18 months in duration) as well as employment authorization.

EADs for TPS Applicants, Category (a)(12)

Applicants are eligible to apply for a TPS-based EAD if they meet the TPS eligibility requirements

and are granted TPS. See more here on TPS eligibility. The TPS-based EAD application can be filed

at the same time as the Application for TPS, or separately at a later date.

Fees for an EADs for TPS: if you are filing an initial TPS based EAD application and your client is

under 14 years old or 66 and older –there is no fee for such application. There is a fee of $410 if

your client is 14-65 years old and filing for an initial TPS based EAD. There is a fee of $410 for all

applicants (no exceptions due to age) if renewing a TPS based EAD (make sure to check TPS

specific fees if filing the EAD with the TPS application).

Renewing an EADs for TPS: The government may extend TPS for your client’s country. If the

government extends TPS for your client’s country, your client must re-register for TPS and apply

for a new EAD to keep working. Sometimes, the government also extends TPS EADs. USCIS will

announce whether your client’s EAD automatically has a new expiration date so they can keep

working while they wait for a new EAD. Go to www.uscis.gov/tps for information on TPS for your

client’s country for more information. If the government does not automatically extend your

client’s EAD but they have applied to renew their TPS EAD before its expiration, they will benefit

from an automatic extension of their current EAD.

EADs for Asylum Applicants

EADs for Asylum Applicants, Category (c)(8)

EADs for Asylum Applicants (Initial): An asylum seeker is eligible to apply for an initial work

authorization 150 days after filing their application for asylum on Form I-589. Keep in mind that

applicant-caused delays, including requests for continuances or requests to reschedule an asylum

interview, may stop the “clock” that counts towards 150 days, and accordingly may impact a

client’s ability to file for employment authorization.

Renewing an Asylum Applicant’s EAD: If your client already holds a category (c)(8) EAD and

wants to renew it, we recommend filing your client’s renewal application 4-6 months before their

current card expires. Please note, applications submitted any earlier than 6 months prior to the

expiration date will be rejected by USCIS.

Automatic Extension: If a renewal application is submitted before the current EAD expires,

and before October 26, 2023, USCIS will automatically extend the validity of the EAD for

540 days. If a renewal application is submitted before the current EAD expires, and after

October 26, 2023, USCIS will automatically extend the validity of the EAD for 180 days.

The automatic extension only applies if the EAD renewal is filed in the same category as

the prior EAD. For more information on this policy, see the USCIS website:

https://www.uscis.gov/eadautoextend

Fees for an Asylum Applicant’s EAD: There is no filing fee for an initial EAD filed under category

(c)(8). However, if an asylum seeker wishes to renew their category (c)(8) EAD, they must pay a

fee of $410, or request a fee waiver on Form I-912. Applicants for employment authorization in

the (c)(8) category should not submit the $85 biometric services fee with your Form I-765. USCIS

no longer requires the biometric services fee and submitting it may cause us to reject your

application for overpayment.

EADs for Adjustment of Status (Green Card) Applicants

Background on EADs for Green Card Applicants

An individual applying to adjust status (i.e., applying for a green card) under section 245 of the

Immigration and Nationality Act is eligible for work authorization while their application for a

green card is pending. An individual may be eligible to apply to adjust status – and eligible for an

EAD while their case is pending – if they are the beneficiary of an approved family or

employment-based immigration petition, or special self-petition, like Special Immigrant Afghans

(known as “SIVs,” who assisted the U.S. military or International Allied Forces abroad), or Special

Immigrant Juveniles (known as “SIJs,” who were abused, abandoned, or neglected by a parent).

Recall, as noted above, that refugees and asylees do not qualify for work authorization under this

section because they adjust status under a different section of the Immigration and Nationality

Act.

EADs for Adjustment of Status, Category (c)(9)

Attachments for an Adjustment of Status EAD: An applicant may file their EAD based on a

pending adjustment of status application concurrently with their adjustment of status

application, or at a later date. If the EAD application is filed later, the applicant should include a

copy of the I-485 receipt notice.

Fees for an Adjustment-Pending EAD: $410. No biometrics fee is required for an adjustment-

pending-based EAD.

• If your client paid the filing fee for the Adjustment of Status (I-485) application, there is

no fee for the adjustment-pending-based EAD.

• If your client requested or obtained a fee waiver for their Adjustment of Status

application, your client does need to either pay the EAD application fee or request a fee

waiver for the EAD application as well (using Form I-912). If filing the EAD application

concurrently with the Adjustment of Status application, the request for the fee waiver

can be made for both applications on the same Form I-912.

Renewing an Adjustment-Pending EAD: We recommend filing a renewal application 4-6 months

before the current card expires, due to processing delays. USCICS may reject an application

submitted any earlier than 6 months prior to the expiration date of the prior card.

Automatic Extension: If a renewal application is submitted before the current EAD expires,

and before October 26, 2023, USCIS will automatically extend the validity of the EAD for

540 days. If a renewal application is submitted before the current EAD expires, and after

October 26, 2023, USCIS will automatically extend the validity of the EAD for 180 days.

The automatic extension only applies if the EAD renewal is filed in the same category as

the prior EAD. For more information on this policy, see the USCIS website:

https://www.uscis.gov/eadautoextend

EADs for Parolees

Background on EADs for Parolees

Humanitarian Parole, also known as Public Interest Parole, is a tool used by the U.S. government

to grant certain foreign nationals entry to the United States notwithstanding that they do not

have a visa or other lawful basis to enter. Individuals who are outside of the U.S. may request

parole into the United States based on urgent humanitarian need or significant public benefit

reasons.

Parole is considered on a case-by-case basis, and if granted, it is authorized only for a temporary

period, specifically noted by DHS (Department of Homeland Security). A parolee is not eligible

to work immediately after arrival in the U.S. but can apply for employment authorization based

on their parole status; they must apply for and receive an Employment Authorization Document

in order to work.

Afghan and Ukrainian parolees who entered the U.S. via special parole processes (including

Afghans who were “port paroled” into the U.S., and Ukrainians who entered under the “Uniting

for Ukraine” program) apply for and are granted EADs under the same C(11) category as all other

parolees.

EADs for Parolees, Category (c)(11)

Attachments for a Parole EAD: Be sure to include a copy of the applicant’s I-94 entry document,

which establishes that they entered the U.S. on parole.

Fees for a Parole EAD: Most parolees applying for an EAD must pay a filing fee of $410, or request

a fee waiver on Form I-912. USCIS announced that Afghan and Ukrainian parolee applicants are

exempt from this EAD filing fee when filing an initial EAD application. For all other applicants, the

fee is $410. No biometrics fee is required for parole-based EADs.

Renewing a Parole EAD: Typically, USCIS will grant an EAD for the same duration as the

individual’s parole validity. Therefore, a parolee would only be able to renew their EAD if they

first obtained a new parole authorization. Note that Afghan and Ukrainian parolees typically

receive parole status for a two-year period. Their EADs should expire on the same day as their

parole status.

EADs for Afghan and Ukrainian Parolees, Category (c)(11)

Generally, Afghans and Ukrainians who were paroled into the United States will apply for and

receive EADs under the same category as other parolees – category (c)(11).

Eligibility to Work Based on Parole Status: Starting on Nov. 21, 2022, Afghan and Ukrainian

parolees will be considered employment authorized based on their parole status. Afghan and

Ukrainian parolees may show employers, or potential employers, their I-94 record to establish

initial employment eligibility for 90 days. After 90 days, they will need to show their employer

their EAD card to maintain employment. Ukrainian and Afghan parolees should still file a Form

I-765 to receive their EAD card as soon as possible to ensure that they are able to show their

employer their EAD when required to do so.

Fees for Parole EADs for Afghans and Ukrainians: USCIS is exempting the filing fee for eligible

Afghan and Ukrainian parolees, both for paper and online filings.

Special Considerations: For specific information on the employment rights of Afghans and

Ukrainians, review the information provided on the U.S. Department of Justice webpage: Here

for Afghans, and here for Ukrainians.

EADs for Deferred Action Recipients

Background on EADs for Deferred Action Recipients

Deferred action, according to USCIS, is an “act of prosecutorial discretion” to defer removal of a

noncitizen from the United States for a certain period of time. Persons granted deferred action

are eligible to apply for employment authorization under 8 CFR § 274a.12(c)(14). Deferred action

(c)(14) EADs are available individuals with an approved I-360 based on Special Immigrant Juvenile

Status (SIJS for abused/abandoned children), as well as certain U visa applicants (victims of

certain crimes) who have received bona fide determinations on their applications, among others.

EADs for Special Immigrant Juveniles with Deferred Action, Category (c)(14)

In May 2022, USCIS announced that it would begin issuing Deferred Action to Special Immigrant

Juveniles with approved I-360 Petitions, in light of the delay that certain Special Immigrant

Juveniles (citizens of El Salvador, Guatemala, Honduras, and Mexico) face before being eligible to

seek adjustment of status (and accordingly, employment eligibility based on a pending

adjustment of status application). Now, Special Immigrant Juveniles with Deferred Action may

seek and obtain employment authorization while they wait to become eligible to apply for

Adjustment of Status.

Attachments for EADs for Applicants with Deferred Action: The applicant should include a copy

of the USCIS approval notice for their I-360 Petition, which should note the granting of deferred

action.

Fees for EADs for Applicants with Deferred Action (c)(14): $410. No biometrics fee is required

for applicants with Deferred Action.

Renewing an EAD for Applicants with Deferred Action (c)(14): Individuals with Deferred Action

EADs should file to renew their EAD well in advance of its expiration date. EAD holders under

this category are not eligible for an automatic extension of their EAD while the renewal is

pending.

Filing Fees and Fee Waivers

Filing Fees

As noted above, filing fees for EADs may vary, depending on the EAD category, and whether the

application is an initial or renewal filing. HIAS strongly recommends confirming the current USCIS

Filing Fee through the USCIS website, before submitting any application. That information can be

found here.

Fee Waiver RequestsAn EAD applicant may be eligible for a fee waiver if they can show at least

one of the following:

• Their income is at or below 150% of the federal poverty guidelines.

• They are receiving a “means-tested” government benefit. A means-tested benefit is a

benefit given after considering the applicant’s income and other resources. A means-tested

benefit may be federally, state, or locally funded. In general, if your client receives a benefit

that was granted to them based on their income, it is considered a means-tested benefit.

 Examples of benefits that USCIS will consider for the purposes of determining

eligibility for a fee waiver include: Medicaid, Supplemental Nutrition

Assistance Program (SNAP, formerly called Food Stamps), Temporary

Assistance to Needy Families (TANF), Supplemental Security Income (SSI)

 Examples of benefits that USCIS will NOT consider include: Medicare,

Unemployment benefits, Social Security benefits, Social Security Disability

Insurance (SSDI), Retirement, Survivors and Disability Insurance (RSDI),

Student financial aid/loans/grants.

• They can demonstrate a financial hardship (for example, recent unemployment or a

medical emergency). USCIS rarely approves fee waiver requests made solely on these

grounds, so any request made on this basis must be extremely well documented.

• Request a fee waiver on Form I-912. Sample forms are included below.

Considerations for EAD Filings and FAQs

1. If my client already has an EAD, but is applying under a new category, are they considered

filing an “initial” application or a “renewal” application?

An EAD application is considered “initial” if it is the first time the applicant is filing in that

category. For example, Maria obtained an initial EAD under category (c)(8) while her application

for asylum was pending and filed a renewal EAD under category (c)(8) when her application was

still pending; now that she was granted asylum, even though she was previously granted EADs in

the past, she files an initial EAD application under category (a)(5).

2. Can my client’s spouse / minor child get an EAD?

U.S-based derivative beneficiaries of certain asylum applicants can qualify for an EAD, even if

they do not have their own independent asylum application pending. The family member must

be subject to the same jurisdiction as the client. For example, if the asylum applicant’s case is

pending before the asylum office, the derivative spouse or minor child is eligible for an EAD only

if they are not currently, and were not previously, in removal proceedings; if the asylum

applicant’s case is pending before the immigration court, the derivative spouse or child must be

also have an active case before the immigration court, and their case must be joined to the

principal asylum applicant’s case.

For other EAD categories, your client’s spouse/minor child may need to be eligible for an EAD in

their own right. For example, if their entire family has applied for TPS, or was paroled into the

U.S., everyone can apply for EADs.

Family members located abroad are not eligible for EADs.

If you have questions about whether your client’s spouse or minor child is eligible for an EAD,

contact your HIAS mentor.

3. How can my asylee or refugee client show they are eligible to work without a valid EAD?

Refugees and asylees are eligible to work as a result of their status, and they do not need valid

EADs to work. They can prove their eligibility to work by showing an employer their

“unrestricted” social security card, a state-issued ID, and proof of status (i.e., their I94). However,

some refugees and asylees prefer having an EAD, as it also acts as a government issued photo ID.

Some refugees and asylees are also afraid that they will lose their jobs if they do not have a valid

EAD. Some still face problems with their employers without an EAD, as many employers are used

to seeing EADs (as opposed to other documents) as proof of an employee’s lawful immigration

status.

Sample letters to employers explaining why refugees and asylees do not need valid EADs are

available in the appendix below.

4. What evidence do I include in my EAD filing?

See samples below. Be sure to include the following:

• Two passport style photos (write the clients name & A# on the back in pencil or lightly in

black ink)

• Copies of the following (if they have these)

o Biographic page of passport (if they have one)

o Proof of EAD eligibility

 For asylum applicants: I-589 receipt notice; stamped copy of I-589

 For asylees: Asylum grant letter; immigration court decision; I94

 For refugees: I94

 For parolees: I94 or passport stamp (showing parole entry)

 For special immigrant juvenile cases with deferred action: I-360 approval

o Current EAD (for renewal applications)

Also include a completed G-28, Notice of Entry of Appearance and a cover letter.

5. How does my client submit payment for the filing fee?

An EAD applicant may pay the filing fee with a money order, a personal check, or cashier’s check.

If the fee is paid by check or money order, it must be made payable to: “U.S. Department of

Homeland Security.” We recommend writing the client’s name and A# on the Memo line of the

check, as well.

If the client is submitting their application at a USCIS Lockbox facility, they may also pay by credit

card using Form G-1450, Authorization for Credit Card Transactions. Note that Service centers

are not able to process credit card payments.

Filing fees and biometrics fees are non-refundable, regardless of what action USCIS takes on the

application.

6. Do I need my client to sign a new retainer agreement if I am helping them file an I-765?

Unless your original retainer agreement with the client already notes that you will prepare an I-

765 on the client’s behalf, HIAS recommends that pro bono attorneys have their clients sign a

new retainer agreement specifically for representation in an application for an EAD.

7. My client is applying for (or applied for) Adjustment of Status – are they eligible for an EAD

under category (c)(9) – Pending Adjustment of Status?

EAD category (c)(9) is for individuals who qualify to adjust status under a specific section of the

law - section 245 of the Immigration and Nationality Act – and may include Special Immigrants

(Afghan Allies, or Special Immigrant Juveniles), or individuals who are the beneficiaries of

approved family or employment-based immigrant visa petitions (I-130s or I-140s).

Refugees and Asylees qualify to adjust status under a separate section of the law, and do not file

EADs under category (c)(9).

If you are filing for an EAD renewal for a refugee or asylee who has a pending I-485, Adjustment

of Status application, your client will still apply under categories (a)(3) [refugees] or (a)(5)

[asylees]. Review the I-765 Instructions available here, for more information.

8. How can I prove that my client’s income is at or below 150% of the federal poverty

guidelines so that they can get the filing fee waived?

If your client filed their income taxes, either using their valid Social Security number or a Tax I.D.

Number (ITIN), including a copy of their most recent tax returns is an easy way to prove income.

Consider including copies of their most recent paystubs or proof of unemployment benefits,

especially if filing later in the calendar year (when last year’s tax returns may be outdated). Other

potential evidence might include copies of their bank account information or a letter from their

employer.

9. When should I file my client’s Application to Renew their EAD?

EAD Applicants in certain categories benefit from an automatic extension of their EAD validity.

Under a temporary policy, their EADs will be extended for 540-days if the EAD renewal

application is filed prior to the expiry of their current EAD. Nonetheless, we do recommend filing

an Application to Renew an EAD six (6) months before a client’s current document expires, due

to extraordinary delays in USCIS processing times, to mitigate the chances of your client facing a

lapse in employment authorization. For clients whose EAD-eligibility category does not provide

an automatic extension, we recommend filing to renew the EAD no later than 6 months before

the current EAD expires.

10. Will my client’s social security card be “restricted”? How do they qualify for an

“unrestricted” social security card, and how can the social security card be changed?

Individuals whose employment authorization is dependent on holding a valid EAD (like parolees,

or individuals with asylum applications pending) will be issued a “restricted” social security card

with the words “VALID FOR WORK ONLY WITH DHS AUTHORIZATION” printed on it. As noted

above, several categories of EAD-holders may only work if they have a valid EAD, and so long as

the EAD is unexpired.

In contrast, some individuals are eligible to work in the U.S. based on their immigration status,

and independent of their EAD, like refugees and asylees. These individuals, as well as green card

holders, are entitled to “unrestricted” social security cards, which will not bear the “VALID FOR

WORK ONLY WITH DHS AUTHORIZATION” language. If and when an individual changes their

status (for example, from asylum-seeker to asylee, or from adjustment applicant to green card

holder), they may return to the social security office with their proof of status and request that a

new, unrestricted card be issued.

EAD Filing Checklist

Initial Application

Client Name:__________________

EAD Category: _________________

□ Cover Letter

□

Form G-28

□ Two (2) identical passport style photos

□

Form I-765

Proof of I-765 Eligibility

□ Category (a)(5): Asylum Approval Letter or IJ Asylum Grant/I-94

□ Category (a)(3): I-94

□ Category (a)(12): If not filing together with the TPS application, copy of TPS

receipt or approval notice

□ Category (c)(8): Proof of pending asylum application, including I-589 Receipt

Notice from USCIS, or Immigration Court stamped copy of Form I-589 and EOIR

Hearing Notice

□ Category (c)(8), for derivative child/spouse of asylum applicant: Copy of the

first three pages filed I-589 and copy of proof of relationship (birth/marriage

certificate and certified English translation)

□

Category (c)(11): Proof of entry on Parole

□ Category (c)(14): Proof of I-360 Approval (for SIJ cases)

□

Other:___________

□ Copy of the biographic (“photograph”) page of passport*

Renewal Application

Client Name:__________________

Date Current EAD Expires: ______

EAD Category: _________________

□ Cover Letter

□

Form G-28

□ Two (2) identical passport style photos

□

Form I-765

Filing Fee or Form G-1450 or Form I-912 fee waiver request

□ Check or Money Order for $410 made out to the U.S. Department of

Homeland Security

□ Form I-912, Request for Fee Waiver and proof of fee waiver eligibility

Proof of I-765 Renewal Eligibility*

□ Category (a)(5): Asylum Approval Letter or IJ Asylum Grant/I-94

□ Category (a)(3): I-94

□ Category (a)(12): If not filing together with the TPS application, copy of TPS

receipt or approval notice

□ Category (c)(8): Proof of pending asylum application, including I-589 Receipt

Notice from USCIS, or Immigration Court stamped copy of Form I-589 and EOIR

Hearing Notice

□ Category (c)(8), for derivative child/spouse of asylum applicant: Copy of the

first three pages filed I-589 and copy of proof of relationship (birth/marriage

certificate and certified English translation)

□ Category (c)(14): Proof of I-360 Approval (for SIJ cases)

□ Other: ___________

□ Copy of the biographic (“photograph”) page of passport*

□ Copy of current Employment Authorization card or EAD Approval Notice*

Appendix A: Samples and Templates

Templates

• Template I-765 Retainer Agreement

• Template Cover Letters for EAD Applications

Samples

• Folder with Sample I-765s

o As of 9/6/2022, USCIS will require all Employment Authorization Applicants to

use a new edition of the form (with 07/26/22 date at the bottom). Be sure to

download the newest edition from the USCIS website. Older versions of the form

received after 11/7/2022 will be rejected.

• Sample I-912, Request for Fee Waiver

Other Resources

• Resources for Refugees/Asylees w/r/t Work Authorization Incident to Status (Employer

Letters, etc.)