Yes, generally you can have a second job, or even multiple jobs, while holding an Employment Authorization Document (EAD). An EAD, often referred to as a work permit, grants you broad authorization to work for almost any employer in the U.S.
Understanding EAD Employment Flexibility
An EAD provides significant flexibility regarding employment. Unlike some other visa categories that tie you to a specific employer, an EAD typically allows you to work in any legal occupation for any employer. This means you are not restricted to a single job or employer.
- Open Market Employment: Many EAD categories, such as those issued to individuals with a pending Adjustment of Status (Green Card application), asylum applicants, or DACA recipients, are considered "open market" EADs. This means you can work for any employer, change jobs freely, and hold multiple positions simultaneously.
- No Employer Sponsorship: The EAD itself does not require sponsorship from a specific employer. Your authorization to work comes from the EAD, not from an employer-specific petition.
Multiple Jobs and Immigration Intent
When holding multiple jobs with an EAD, it's generally permissible. However, it's important that your overall immigration intention remains clear. This nuance typically refers to the underlying basis of your EAD. For instance, if your EAD is based on a pending Adjustment of Status application, your core intention is to become a lawful permanent resident. Working multiple jobs is usually consistent with this goal and does not typically pose an issue, as long as your activities align with lawful employment and your overall immigration objective.
Key Aspects of Working with an EAD:
| Feature | Details |
|---|---|
| Employment Scope | Allows employment for any employer in the U.S., including working part-time or full-time, and simultaneously holding multiple positions. |
| Employer Change | You are free to switch employers or take on additional jobs without needing new authorization or notifying USCIS, as long as your EAD remains valid. |
| Intent Clarity | While permissible to have multiple jobs, ensure that your overall immigration intent, which forms the basis of your EAD (e.g., adjusting status to a green card holder, seeking asylum), remains clear and your employment activities do not contradict that purpose. For most open-market EADs, working multiple jobs is a normal exercise of the authorized employment and doesn't conflict with intent. |
| Type of Work | You can engage in various types of employment, including W-2 employment, freelance work, or starting your own business, as long as it is legal. |
Important Considerations
While having multiple jobs with an EAD is generally allowed, always ensure you are:
- Maintaining Valid EAD Status: Your employment authorization is contingent on your EAD remaining valid. Keep track of its expiration date and apply for renewal well in advance.
- Complying with Tax Laws: You will need to report income from all your jobs to the IRS and state tax authorities, ensuring proper tax withholding or estimated tax payments.
- Understanding Specific EAD Conditions: While most EADs offer broad employment authorization, it's always wise to understand the specific category under which your EAD was issued, though most do not restrict the number of employers.
In summary, an EAD provides considerable freedom for employment, allowing you to pursue various work opportunities, including holding more than one job, as long as your underlying immigration intentions are clear and you comply with all relevant laws.
