I-9 Employment Eligibility & Work Permit Complete Guide for Korean Americans

If you're getting ready to start a job in the United States, there are two critical hurdles you need to clear before your first day. The first is the Form I-9 Employment Eligibility Verification, which every employer is required to complete for every new hire. The second — relevant only to certain visa holders — is the Employment Authorization Document (EAD), commonly called a work permit. If you're a green card holder or U.S. citizen, completing the I-9 with the right documents is all you need. But if you're on an F-1 student visa, H-4, L-2, parole status, or any other category that doesn't automatically grant work authorization, you must have your EAD card in hand before you start working. Mixing up these two processes — or doing them out of order — can mean missing your first day of work or, in serious cases, jeopardizing your immigration status.

This guide reflects current regulations as of 2026. Immigration law can change quickly with administrative updates, so always confirm your specific situation with a licensed immigration attorney or a BIA-accredited representative before taking action.

What Is the I-9, and When Do You Fill It Out?

Form I-9 is the employment eligibility verification form that USCIS requires all U.S. employers to complete for every new hire. As the employee, you must complete Section 1 no later than your first day of work — though you can fill it out earlier once you've accepted a job offer. Your employer then has three business days from your start date to review your documents and complete Section 2. Missing that deadline can expose your employer to fines.

The current valid version is the January 20, 2025 edition (look for "Edition 01/20/25" in the lower left corner of the form; it expires May 31, 2027). Starting August 1, 2026, only this edition may be used for new hires. You can download it for free at uscis.gov/i-9. Since 2023, employers enrolled in E-Verify may also use an Alternative Procedure — a remote video-based document review — but this option is only available through E-Verify-participating employers.

One important thing to understand: the I-9 is kept on file by your employer — it is not submitted to USCIS. However, it must be available for immediate inspection during a government audit. Employers are required to retain I-9 records until the later of three years from the hire date or one year after the employee's last day.

I-9 Acceptable Documents: List A, List B, and List C

The I-9 divides acceptable documents into three lists. Presenting one document from List A satisfies both identity and work authorization at once. If you don't have a List A document, you'll need one document from List B (identity) plus one from List C (work authorization).

• List A (identity + work authorization combined): U.S. passport, Permanent Resident Card (Form I-551), EAD card (Form I-766), or a foreign passport combined with a valid I-94 showing unexpired nonimmigrant status that authorizes employment
• List B (identity only): State-issued driver's license, state ID card, or a driver's license issued by a Canadian government authority
• List C (work authorization only): Social Security card with no employment restrictions, U.S. birth certificate (original or certified copy issued by a state or county), Form I-197, or Form I-179

For Korean students on F-1 visas: once your OPT or STEM OPT EAD card arrives, it serves as a standalone List A document. Keep a close eye on your EAD expiration date — once it expires, your work authorization ends automatically, and you cannot continue working until a new card is in hand.

How to Apply for an EAD (Work Permit): Step by Step

The most common situations requiring an EAD include F-1 OPT and STEM OPT, H-4 (spouse of an H-1B holder), L-2 (spouse of an L-1 holder), asylum applicants, and individuals with a pending Adjustment of Status (AOS) application (Form I-485). The specific forms and supporting documents vary by category, but the general process looks like this:

• Step 1 — Confirm your eligibility category: On uscis.gov, look up the EAD category code that applies to your visa status. For example: (c)(3)(A) for OPT, (c)(26) for H-4. This code goes on your I-765 application.
• Step 2 — Gather your documents: Form I-765 (Application for Employment Authorization), copies of your passport and visa/I-94, two passport-style photos (2×2 inches), and any category-specific documents — for OPT, this includes your DSO recommendation and Form I-20.
• Step 3 — Pay the filing fee: As of 2026, the standard I-765 fee is $520 for paper filing or $470 for online filing. However, fee changes enacted in 2025 introduced separate amounts for certain categories — for example, asylum-based EAD renewals are $275, and an initial TPS-based EAD is $550 plus a $30 biometrics fee. Fees are adjusted periodically, so always check your specific category at uscis.gov/fees right before you file.
• Step 4 — Submit your application: File online through your USCIS online account at myaccount.uscis.gov, or mail a paper application to the appropriate USCIS service center. F-1 OPT applicants must first have their DSO process the recommendation through SEVIS before submitting to USCIS.
• Step 5 — Wait for processing: Standard processing currently takes approximately 3–6 months, though this varies by service center and time of year. Premium processing is not available for Form I-765, so early filing is essential.
• Step 6 — Review your card when it arrives: As soon as your EAD arrives, check that your name, date of birth, category code, and expiration date are all correct. If the error is USCIS's fault, you can request a replacement at no charge. If the error originated in your application, a refiling fee may apply. Contact USCIS immediately if you spot any mistakes.

Timeline and Cost Summary

Processing times vary significantly depending on which USCIS service center handles your case and how busy they are at the time. Use the official processing times tool at uscis.gov/processing-times — enter your form number and the service center where you filed to get a current estimate. For F-1 OPT applicants specifically, you may apply up to 90 days before your program end date, so if you want to start working immediately after graduation, don't wait.

• Filing fee: $470 (online) to $520 (paper); varies by category as of 2026 — confirm at uscis.gov/fees before filing
• Standard processing time: 3–6 months (varies by service center)
• STEM OPT extension: You may apply up to 90 days before your current EAD expires. If you file on time, a 180-day automatic extension applies while your renewal is pending. This 180-day extension rule is governed by separate regulations from the general EAD auto-extension that was eliminated in October 2025 — it remains in effect for STEM OPT.
• Immigration attorney fees: Vary by office; for a standalone EAD filing, expect roughly $300–$800, though this is only a general range

Common Mistakes to Avoid

Starting work before your EAD arrives. If your visa status requires an EAD, beginning work before the physical card is in your hands — even if approval seems imminent — can be recorded as unauthorized employment, with serious immigration consequences. Your work authorization begins on the date printed on the card, not the approval notice. Ask your employer to adjust your start date if needed. (Note: there are narrow exceptions, such as the STEM OPT automatic extension period.)

Accepting an employer's demand for a specific document. During the I-9 process, employers must physically inspect original documents — they cannot demand a particular document from the list. For example, an employer who insists on seeing a green card and refuses other valid List A documents is violating federal anti-discrimination law. This constitutes I-9 discrimination, and you can report it to the Department of Justice's Immigrant and Employee Rights Section (IER) at justice.gov/ier.

Missing your EAD renewal window. As of October 30, 2025, the general EAD automatic extension for renewal applicants has been eliminated. Previously, filing a timely renewal application allowed you to keep working — using your receipt notice and expiring EAD together — for up to 540 days while waiting for the new card. That is no longer the case. Your work authorization now ends when your current EAD expires, regardless of whether your renewal is pending. Your Form I-797C receipt notice explicitly states that it is not evidence of work authorization. This affects most renewal categories, including H-4, L-2, AOS applicants, and asylum-based EADs. File as early as 180 days before your expiration date — the earliest USCIS allows — and monitor your case status regularly. If you receive a Request for Evidence (RFE), respond by the stated deadline without fail. Again, F-1 STEM OPT renewals operate under separate rules and retain the 180-day automatic extension.

Practical Tips for the Korean-American Community

If you need Korean-language assistance, there are BIA-accredited representatives and Korean-speaking immigration law firms in most major Korean-American communities — including Koreatown in Los Angeles, Flushing in New York, and Palisades Park in New Jersey. A critical warning: never hand your immigration paperwork to an unlicensed "notario." In the Korean community, this sometimes means someone presenting themselves as an immigration consultant without proper credentials. Always verify that your representative holds a valid attorney's license or BIA accreditation before sharing any documents or paying any fees.

USCIS offers some informational materials in multiple languages on its website, and you can reach their contact center at 1-800-375-5283. Ask when you call whether interpreter assistance is available.

Finally, don't forget your Social Security Number (SSN). Your SSN is not automatically issued with your EAD — you'll need to apply separately at your local Social Security Administration office (ssa.gov). Wait at least 10 days after receiving your EAD before visiting the SSA, so their system has time to reflect your new status. Getting your SSN sorted before your first paycheck will save you headaches with tax withholding and payroll setup.

Frequently Asked Questions

Q: Can an H-4 visa holder work without an EAD?
No. The H-4 visa itself does not include work authorization. An H-4 EAD is available only when the H-1B spouse has an approved Form I-140. You must have the EAD card in hand before starting any job. As of 2026, the H-4 EAD program remains in place, but it has faced legal and administrative challenges over the years — stay current on any policy changes.

Q: Is a Social Security number required on the I-9?
If your employer uses E-Verify, yes — your SSN is required on the I-9. If the employer does not use E-Verify, providing your SSN is optional. That said, if you have one, most employers will expect you to include it.

Q: Can I travel internationally while my EAD application is pending?
It depends on your status. If you have a pending Adjustment of Status (I-485) application, leaving the U.S. without an Advance Parole document (Form I-131) can be treated as abandonment of your application. F-1 students with a pending OPT application should consult their DSO before any international travel. In either case, speak with an immigration attorney before booking any flights.