EAD vs. H-1B — What's the Difference?

EAD (Employment Authorization Document) and H-1B visas are two distinct authorizations that allow foreign nationals to work in the United States, but they serve different purposes and come with different requirements. An EAD, often referred to as a work permit, is a broad authorization that enables the holder to work in the U.S. for a specific period, regardless of the job type or field. It is often issued to asylum seekers, spouses of certain visa holders, students on Optional Practical Training (OPT), and others who fall under specific categories that allow them to seek employment in the U.S.

On the other hand, the H-1B visa is specifically designed for foreign workers in specialized occupations that require theoretical or technical expertise. Industries such as IT, finance, engineering, and medicine commonly use H-1B visas to employ foreign professionals. To obtain an H-1B visa, an employer must sponsor the foreign worker and prove that the job requires specialized knowledge and that the worker possesses the required qualifications.

One key difference between an EAD and an H-1B visa lies in their dependency on employment. While an EAD does not tie the holder to any specific employer and allows for a broader range of employment opportunities, the H-1B visa is employer-specific. If an H-1B visa holder loses their job, they must find another employer to sponsor them, or they risk losing their legal status in the U.S.

Additionally, the validity and renewal processes for EADs and H-1B visas differ significantly. EADs are usually issued for a limited period, which can vary based on the holder's immigration status, and must be renewed accordingly. H-1B visas are initially granted for up to three years but can be extended to a maximum of six years, with certain exceptions allowing for longer stays under specific circumstances.

Understanding the differences between an EAD and an H-1B visa is crucial for foreign nationals seeking employment in the U.S., as each option has unique advantages, limitations, and requirements that can significantly impact one's work and immigration status.