Employment Authorization Document - Restrictions

Restrictions

The eligibility for employment authorization is detailed in the Federal Regulations at 8 C.F.R. §274a.12. Only aliens who fall under the enumerated categories are eligible for an employment authorization document.

There are more than 40 types of immigration status that make their holders eligible to apply for an EAD. Some are nationality-based and apply to a very small number of people. Others are much broader, such as those covering the spouses of E-1, E-2, E-3 or L-1 visa holders.

USCIS issues EADs in the following categories:

• Renewal EAD: Renewal cannot be filed more than 120 days before the current employment authorization expires.
• Replacement EAD: Replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.