What Is Employment Authorization Document and How to Get It
This blog is Attorney Advertisement.
Certain immigrants temporarily present in the United States can legally work if they obtain Employment Authorization Document (“EAD”). Our office has a lot of inquiries regarding applying for EAD and this blog entry will provide guidance regarding the process.
EAD’s purpose is mainly to prove to potential employers that you are authorized to work. Working without authorization is a serious immigration violation which can result in severe consequences. Thus, it is imperative that you never work without authorization.
The process of the application is relatively simple. First, you ascertain whether you are eligible for EAD. The following categories of immigrants are eligible to apply for employment authorization:
- Refugees, persons paroled as refugees, asylees, and asylum applicants
- Special nationality categories
- Certain foreign students eligible for employment
- Eligible Dependents of Employees of Diplomatic Missions, International Organizations, or NATO
- B-1 Domestic Servants
- Spouse of an E-1/E-2 Treaty Trader or Investor, L-1 Intracompany Transferee, H-1B Nonimmigrant
- Principal Beneficiary of an Approved Employment-based Immigrant Petition Facing Compelling Circumstances
- Spouse or Unmarried Child of a Principal Beneficiary of an Approved Employment-based Immigrant Petition
- Family-Based Nonimmigrant Categories (K and V visas)
- Adjustment of Status Applicants
- Various other categories including DACA recipients, T and U status holders, VAWA self-petitioners and persons with final orders of deportation.
Once you determined that you are eligible for EAD, you need to file Form I-765, Application for Employment Authorization with United State Citizenship and Immigration Services. The Form can be obtained on the USCIS website. It is important to sign the form before submitting and attach the appropriate fee of $410. Certain categories of applicants are not required to pay the fee. You should review the USCIS requirements to determine it.
There are certain documents that you need to submit with your Form I-765. The main documents that you need to include are the following:
- A copy of your Form I-94, Arrival-Departure Record (front and back). You do not need to submit Form I-94 if you are filing as an adjustment of status applicant.
- A copy of your last EAD (front and back). If no prior EAD has been issued, you must submit a copy of a valid identification document, containing your picture, name, and date of birth. The photocopy of the ID must be legible enough to be able to see your facial features.
- Two identical color photographs of yourself taken within 30 days of filing your application.
These documents have to be submitted regardless of the category of eligibility. You should be aware that each category requires additional documents which can be found in Form I-765 instructions.
Once USCIS received your application, it will send you a biometrics appointment notice in the mail. You will be required to go to USCIS Application Support Center to have your fingerprints and photograph taken. If you fail to appear at the biometrics interview, your application may be denied.
If you haven’t received your EAD within 75 days, you can inquire with USCIS regarding the status of your case.
You do not need to apply for EAD if you are a permanent resident or if you are in a nonimmigrant status that authorizes you to work for a specific employer, like H1B, L1B, O or P.
If you are still eligible for employment authorization, but your EAD expires, you may apply for a renewal EAD. Such application can be made no more than 180 days before your original EAD expires. You should leave enough time for USCIS to process your application, as there can be delays.
One January 17, 2017, USCIS started automatically extending expiring EADs for up to 180 days to prevent . Your EAD will be extended if you properly applied for a renewal before your current EAD expired, you are applying under a category that is eligible for an extension, and you are applying under the same category as your current EAD. The categories eligible for an automatic extension can be found here.