Employment Authorization Document
Alert: We have clarified how to submit a request to replace an Employment Authorization Document that has a mistake due to USCIS error.
Alert: We have updated the filing address to request a replacement Employment Authorization Document (EAD) that contains a mistake due to USCIS error. Please follow the instructions listed below for card replacements due to USCIS error.
U.S. employers must ensure all employees, regardless of citizenship or national origin, are authorized to work in the United States. Having 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.
To request an EAD, you generally 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 or circumstances (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 (that is, you need to request employment authorization itself) because:
- You have a pending Form I-485, Application to Register Permanent Residence or Adjust Status.
- You have a pending Form I-589, Application for Asylum and for Withholding of Removal.
- You have a nonimmigrant status or circumstance 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 USCIS (such as an F-1 or M-1 student).
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 status [MJM1] that authorizes you to work for a specific employer incident to your status (for example, you are an H-1B, L-1B, O, or P nonimmigrant).
If you remain eligible to apply for employment authorization or remain employment authorized incident to your status or circumstances, but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved.
We encourage you to file your renewal application as soon as possible once your EAD is within 180 days of its expiration date to reduce the possibility of a gap in your employment authorization and/or documentation.
If Your EAD Is Lost, Stolen or Destroyed
If your EAD is lost, stolen or destroyed, you may request a replacement EAD by filing a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved. If you did not receive an EAD that USCIS mailed, you can submit an inquiry on non-delivery of a card.
If Your EAD Contains Incorrect Information
If your EAD contains incorrect information that is not due to a USCIS error, you must submit:
- A new Form I-765;
- The filing fee, if required (or a request for a fee waiver);
- Any documents specified in the form instructions; and
- The card containing the error.
If your EAD contains incorrect information, a USCIS error, we will make the appropriate correction at no additional cost to you. In these cases, you do not need to submit a new Form I-765 or a filing fee. Instead, two options are available:
- If your request does not require you to submit evidence (for example, the error is a clear typographical error), you may submit a service request via the USCIS website. Please explain the error and include the correct information. Please select the “EAD Replacement due to USCIS Error” option when submitting your request. You must also return the card containing the error to the following below. Note: You must use the United States Postal Service (USPS) when returning your card. The use of other carriers (such as UPS, FedEx, or DHL) is not available for this address.
USCIS
Lee’s Summit Production Facility
Attn: I-765 Replacement Cards
7 Product Way
Lee’s Summit, MO 64002
It will take approximately 30 days from the date the card is received for USCIS to process your request and, if we determine it was due to USCIS error, to issue you a new card. Please retain your tracking information to ensure your card was properly delivered. This processing time frame does not account for USPS mailing/processing.
Please note, if while processing your request we find that the error was not due to USCIS error, you will be notified that you must follow the procedure for when a correction is needed and not due to USCIS error.
OR
- If your request requires you to submit evidence to demonstrate the error and necessary correction (for example, the error relates to the EAD’s validity period), or if you would like to use the existing mail-in process, you may also submit a letter explaining the error and corresponding evidence, along with the card containing the error, to the address below. Note: You must use the United States Postal Service (USPS) when returning your card. The use of other carriers (such as UPS, FedEx, or DHL) is not available for this address.
USCIS
Lee’s Summit Production Facility
Attn: I-765 Replacement Cards
7 Product Way
Lee’s Summit, MO 64002
Please note, while the option to mail in your letter and supporting documentation is available, we encourage you to use existing online tools, such as the SRMT, when appropriate. For more information about the SRMT process please visit Chapter 4 – Service Request Management Tool in the USCIS Policy Manual. Using the SRMT may minimize the need for additional correspondence to be sent via mail (aside from your original card) and may help streamline the way in which we process your request. Please ensure you retain any copies of supporting documentation you send to USCIS.
If we receive your application or request for a replacement EAD and you no longer have any basis for applying for an EAD or employment authorization, we will not return the card and will notify you that you do not have a current basis for applying for an EAD or employment authorization.
Please note: Dependents of certain foreign governments, international organizations, and NATO personnel are not required to pay a fee for a replacement EAD.
Note: If you have questions regarding a pending application for an EAD or employment authorization, please see our website for information on when and how to contact us.
Please see the Form I-765 instructions for a complete list of eligibility categories. You may also find eligibility categories in section 274a.12, title 8 of the Code of Federal Regulations.