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An Employment Authorization Document (EAD), also known as a work permit, is a document issued by the U.S. Citizenship and Immigration Services (USCIS) that allows foreign nationals in the United States to work legally. The EAD is a crucial piece of identification for many immigrants, students, asylum seekers, and other non-citizens, as it provides evidence of their authorization to work in the U.S. for a specified period.
At DIY My Green Card, we’re here to guide you through understanding EADs, how to apply for one, and the benefits it provides during your immigration journey.
An EAD is necessary for foreign nationals who are not automatically authorized to work in the United States based on their visa or immigration status. Some of the individuals who may need an EAD include:
Students: F-1 students seeking Optional Practical Training (OPT) or Curricular Practical Training (CPT).
Asylum Seekers and Refugees: Individuals with pending asylum applications or those granted asylum or refugee status.
Family Members of Visa Holders: Spouses of E-1, E-2, E-3, H-1B, L-1, or J-1 visa holders who are eligible to work in the U.S.
Applicants for Adjustment of Status: Individuals who have filed Form I-485 (Application to Register Permanent Residence or Adjust Status) and are awaiting a decision.
DACA Recipients: Those who have received deferred action under the Deferred Action for Childhood Arrivals (DACA) program.
To apply for an EAD, you must submit Form I-765, Application for Employment Authorization, to USCIS. Here’s a step-by-step guide to the application process:
1. Determine Your Eligibility Category
Before applying, identify which eligibility category you fall under, as this will need to be indicated on Form I-765. Common categories include:
(c)(9): Pending adjustment of status (Form I-485 applicants).
(c)(8): Asylum applicants.
(a)(19)/(a)(20): Spouses of L-1 visa holders.
(c)(33): DACA recipients.
2. Complete Form I-765
Download and complete Form I-765 from the USCIS website. Ensure that you fill out all sections accurately, including your personal information, eligibility category, and mailing address.
3. Gather Required Supporting Documents
Include the necessary documents with your application, such as:
A copy of your passport or other government-issued ID.
Form I-94, Arrival/Departure Record.
Two passport-sized photos.
Documents proving your eligibility category (e.g., I-485 receipt notice, visa approval notice).
4. Pay the Filing Fee
The current filing fee for Form I-765 is $410, although some applicants may be exempt from the fee or eligible for a fee waiver. For certain categories (e.g., DACA), there is an additional $85 biometric services fee.
5. Submit Your Application
Mail the completed Form I-765, along with the supporting documents and fee payment, to the appropriate USCIS service center. The mailing address varies depending on your eligibility category and location, so it’s important to check the USCIS website for the correct address.
Receipt Notice: After submitting Form I-765, USCIS will send you a receipt notice confirming that they have received your application.
Biometrics Appointment: Depending on your eligibility category, USCIS may require you to attend a biometrics appointment for fingerprinting and photo capture.
Processing Time: EAD processing times can vary depending on the category and USCIS workload. Typically, it can take several months to receive a decision.
Approval and EAD Issuance: If approved, USCIS will mail your EAD, which resembles a small, plastic card with your photograph, details, and the authorized employment dates.
With an EAD, you can:
Work Legally: The EAD authorizes you to work for any employer in the U.S., regardless of job type, unless your category has specific restrictions (e.g., student visas).
Provide Proof of Work Authorization: Employers are required to verify your right to work in the U.S. The EAD serves as official proof of your employment authorization.
Renewal: If you wish to continue working beyond the expiration date on your current EAD, you must file for a renewal using Form I-765 before your current card expires. It’s advisable to apply at least 180 days before the EAD’s expiration.
Replacement: If your EAD is lost, stolen, or damaged, you can request a replacement by filing a new Form I-765 with the required documentation and fee.
Accurate Information: Ensure all the information on your application is correct and matches your other immigration documents.
Timely Filing: Apply for your EAD renewal well in advance of its expiration to avoid any gap in your employment authorization.
Check USCIS Processing Times: Stay informed about current processing times on the USCIS website to manage your expectations and plan accordingly.
The EAD is an essential document for foreign nationals in the U.S. seeking to work legally. Whether you’re applying for an EAD for the first time, renewing an existing one, or replacing a lost card, understanding the process and requirements is key to securing your work authorization. At DIY My Green Card, we’re here to guide you every step of the way, ensuring you have the information and resources to successfully navigate your EAD application.
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