What is EAD: A Comprehensive Guide for Indian Students in the USA

What is EAD: A Comprehensive Guide for Indian Students in the USA

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Shahid Mustaq Murshed

Study Abroad Content Specialist

If you are willing to work in USA after completing your study, you must need an EAD or Employment Authorization Document. It is a work permit for non-immigrant visa holders, who need permission from the USCIS to work temporarily in the United States. An Employment Authorization Document (Form I-766/EAD) is one way to prove that you are authorized to work in the United States for a specific time period. For many students, particularly those pursuing OPT or CPT, an EAD card is a key document enabling them to gain valuable work experience in their field of study.

A few benefits of EAD card include the following

  • Legal Work Authorization: EAD gives you the legal right to work off-campus, providing opportunities to gain professional experience in their field of study.
  • Pathway to PR: For students aiming to transition to H-1B visas or apply for Green Cards in the future, the EAD serves as an essential first step in gaining US work experience.
  • Financial Support: Working on an EAD allows students to support their living expenses, making their study in US more affordable.

Indian students on F-1 visas need an EAD card for employment under OPT or post-graduate work options. This article will guide you through the application process, documentation and fees to apply for an EAD.

Eligibility Criteria for an EAD Card

If you are an F-1 visa holder, studying at any US university, you can apply for an EAD. There are 4 types of EAD categories.

Severe Financial Hardship EAD

You can apply for an EAD under this circumstance, if you meet the following

  • The hardship was beyond your control
  • You have been a student for a full academic year
  • If your employment is 20 hours or less per week while school is in session

Pre-completion OPT EAD

You can get an EAD for pre-completion OPT, if you

  • Have been enrolled full-time for at least one academic year
  • Have NOT done one year of full-time CPT
  • Employment must be directly related to area of study
  • Employment must be 20 hours/ week or under, unless you have completed all coursework except thesis/ dissertation.

Post-completion OPT EAD

You can apply for an EAD, if you

  • You have been enrolled full-time for at least one academic year
  • You have NOT done one year of full-time CPT
  • Your employment must be directly related to area of study

Note: All students are limited to 12 months of OPT. A student on post-completion OPT may not accrue more than 90 days of unemployment.

STEM OPT Extension EAD Card

You can get an EAD for STEM OPT Extension, if you

  • Have received your degree in a STEM field
  • Your employment must be at least 20 hours/week and directly related to area of study
  • Your employer is an E-Verify employer

Note: STEM extension may be for up to 24 months. Student must not accrue more than 150 days of unemployment over entire OPT period.

Exemptions from Getting an EAD Card

You can be exempted from getting an EAD if you fit under the following conditions.

Categories Condition
F-1 students on-campus employment Employment is on campus or at affiliated site. Employment is for university or private business providing services to students. Employment is under 20 hours a week while school is in session. Does not displace US workers.
Student on CPT A student for a full academic year. Have an offer of employment or training. Training will be and “integral part of established curriculum” that is “directly related” to area of study. Maintain a full course of study.

Check: EAD Sample

EAD Application Process for Indian Students

Getting an EAD is a 4-step application process.

  1. Apply for OPT with Your School’s DSO: The designated school official (DSO) of your university must recommend OPT for you and enter it into SEVIS (Student and Exchange Visitor Information System).
  2. Submit Form I-765: Once OPT is recommended, you need to submit Form I-765 (Application for Employment Authorization) to USCIS, which includes the purpose of work and proof of enrollment.
  3. Pay the Application Fee: Pay the application fee of 470 USD. An additional biometric fee of 85 USD may be required depending on your immigration status.
  4. EAD processing time and Approval: Once the application is submitted, USCIS takes around 2 weeks to produce your EAD. If approved, the EAD card will be mailed to your US address via U.S. Postal Service (USPS) Priority Mail. 

Documents Required for Applying an EAD Card

The following documents are needed to apply for a work permit (EAD) by filing Form I-765

  • Copy of your I-94 travel record (front and back), if available, or
  • A printout of your electronic I-94 obtained from U.S. Customs and Border Protection (CBP)
  • Copy of your US visa (a document placed in your passport)
  • Copy of your passport photo page
  • Copies of previous work permits (front and back), if any
  • Two 2-inch-by-2-inch passport-style photos of yourself taken recently (print your full name and Alien Registration Number on the back of each with a pencil or felt-tip pen)
  • Birth certificate and a photo ID
  • Copy of visa of a country other than US
  • Another national identity document with your photo and/or fingerprint

Additionally, you need to submit the following documents as a proof of your F1 status:

  • Documentation showing you have been an F-1 student for a full academic year
  • Proof that a job will not interfere with your studies
  • Documents proving you have a full course load
  • Proof that employment will help sidestep “severe economic hardship”

Note: It is compulsory for your employer to apply for Employment authorization card renewal.

The EAD allows students to work in jobs directly related to their field of study. Employment can be full-time, part-time, or in various settings, including self-employment, internships, and multiple employers. During OPT, students are allowed up to 90 days of unemployment. For STEM OPT extension holders, an additional 60 days is permitted, totaling 150 days.

FAQs

Ques: What is the meaning of EAD?

Ans: EAD stands for Employment Authorization Document. It is a permit issued by U.S. Citizenship and Immigration Services (USCIS) that allows non-citizens to work legally in the United States for a specified period.

Ques: Is EAD better than H1B?

Ans: The EAD and H1B visa serve different purposes: an EAD allows broader work freedom across employers, whereas an H1B is employer-specific and comes with a cap on issuance. EAD holders can work in any field and switch jobs easily, but EAD is typically issued in connection with other visas or green card applications, unlike the H1B.

Ques: Who is eligible for EAD?

Ans: EAD eligibility includes various visa categories, such as spouses of certain visa holders (e.g., L-2, H-4 spouses), students on OPT, and applicants waiting for green card processing. Each eligible group must apply through USCIS with supporting documentation.

Ques: Is an EAD the same as a work visa?

Ans: No, an EAD is not the same as a work visa. It is a work authorization that allows visa holders to work, while a work visa (like H1B) is a visa status specifically tied to employment with a sponsoring employer. An EAD gives greater flexibility compared to most work visas.

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