Introduction
Navigating the U.S. immigration system can be challenging, especially when legally securing the right to work. One of the most crucial documents for non-citizens seeking employment in the United States is the Employment Authorization Document (EAD), often called the Employment Authorization Card.
This guide will provide a detailed overview of the EAD, answer common questions, and help you understand the application process, eligibility criteria, and more.
What is an Employment Authorization Document?
The Employment Authorization Document (EAD), also known as the Employment Authorization Card, is issued by the U.S. Citizenship and Immigration Services (USCIS). It proves the holder is authorized to work in the United States. This document is essential for non-citizens without permanent residence status who wish to work legally in the country.
What is the Document for Employment Authorization?
The EAD is the official document for employment authorization. It contains critical information, including your photograph, name, birth date, and the validity period of your work authorization. The EAD serves as proof to employers that you are legally allowed to work in the U.S.
Who is Eligible for an EAD?
Eligibility for an EAD depends on various immigration statuses. Here are some categories of individuals who can apply for an EAD:
Asylees and asylum seekers
Refugees
Certain nonimmigrant visa holders (such as F-1 students seeking Optional Practical Training)
Individuals with Temporary Protected Status (TPS)
Adjustment of status applicants (those applying for a green card)
DACA recipients (Deferred Action for Childhood Arrivals)
U visa holders and applicants
VAWA (Violence Against Women Act) self-petitioners
What is the Difference Between I-765 and I-766?
Forms I-765 and I-766 are related to the Employment Authorization Document but serve different purposes:
Form I-765: You must submit This application form to USCIS to request an EAD. The form collects information about your eligibility category and personal details.
Form I-766: This is the actual Employment Authorization Document (EAD) card you receive if your Form I-765 is approved.
Is an EAD Card the Same as a Green Card?
No, an EAD card is not the same as a green card. While both documents authorize you to work in the United States, they serve different purposes:
EAD Card: Temporarily authorizes you to work in the U.S. It does not grant permanent residency.
Green Card: Grants permanent residency and allows you to live and work in the U.S. indefinitely.
Cost of an Employment Authorization Card
Applying for an Employment Authorization Card involves certain expenses. There are fees associated with processing your application, which must be paid unless you qualify for a fee waiver. Additionally, you should consider potential extra costs for mailing documents and making copies.
Cost Breakdown:
Application fee: $410
Biometric appointment: $85
Payments can be made via check or money order if you submit your application by mail. For online applications through the USCIS website, you can pay using a debit or credit card.
To determine if you are eligible for a fee waiver, contact your USCIS office or visit their website.
Can I Apply for My EAD Myself?
You can apply for an EAD by submitting Form I-765 to USCIS. Depending on your eligibility category, you may need additional documentation to support your application.
How Long is EAD Valid For?
The validity period of an EAD varies depending on your immigration status and the category under which you applied. Generally, EADs are valid for one to two years. You must apply for renewal before your current EAD expires to maintain your employment authorization. After 2023, some EADS will be granted for five years.
Can I Apply for EAD Without a Job Offer?
Yes, you can apply for an EAD without being offered a job. The EAD allows you to work for any employer in the U.S. and does not tie you to a specific job or employer.
Can I Start Working with EAD Approval?
You can start working as soon as you receive your EAD card within the validity period. Approval of your Form I-765 means you have been granted work authorization, but you need the physical EAD card to present to your employer as proof of your legal right to work.
How to Apply for an Employment Authorization Document (EAD)
Here’s a step-by-step guide on how to apply for an EAD:
Determine Your Eligibility Category: Identify the eligibility category that applies to you based on your current immigration status.
Gather Required Documents: Collect the necessary documents, including:
Completed Form I-765
Proof of your current immigration status
Copies of previous EADs (if applicable)
Two passport-sized photos
Filing fee or fee waiver request
Complete Form I-765: Fill out Form I-765 accurately, providing all required information.
Submit Your Application: Mail your completed Form I-765, supporting documents, and fee to the appropriate USCIS address based on your eligibility category.
Attend Biometrics Appointment: If required, attend a biometrics appointment to provide fingerprints and photographs.
Wait for Processing: USCIS will review your application and notify you of their decision. Processing times can vary, so check the USCIS website for current timelines.
Automatic Employment Authorization Card (EAD) Extension
If you apply to renew your EAD before it expires, you may be eligible for an automatic extension of your employment authorization. This extension can last up to 180 days while your renewal application is processed. To qualify for the automatic extension, you must:
File your EAD renewal application (Form I-765) before your current EAD expires.
Fall under a specific eligibility category that allows for automatic extensions, such as certain categories of asylum seekers, refugees, and TPS holders.
Employment Authorization Document (EAD) Renewal
To renew your EAD, follow these steps:
Complete Form I-765: Indicate that you are applying to renew your EAD.
Gather Supporting Documents: Provide copies of your current EAD, proof of your continuing eligibility, and any other required documentation.
Submit Your Application: Mail the completed Form I-765, supporting documents, and filing fee to the appropriate USCIS address.
Check Processing Times: USCIS processing times for EAD renewals can vary. Check the USCIS website for current processing times and plan accordingly to avoid gaps in employment authorization.
What is the Employment Authorization Document (EAD) Number?
The Employment Authorization Document number is a unique identifier for your EAD card. It is typically found on the front of the card and is labeled as "Card#." USCIS uses this number to track your employment authorization status and history.
FAQs
Q: What should I do if my EAD application is denied?
A: If your EAD application is denied, you will receive a denial notice explaining why. You may appeal the decision or reapply if you can address the issues that led to the denial.
Q: Can I travel outside the U.S. with an EAD?
A: The EAD itself does not grant reentry to the U.S. If you plan to travel abroad, you need to ensure you have the appropriate travel documents, such as an Advance Parole document, depending on your immigration status.
Q: How do I replace a lost or stolen EAD?
A: If your EAD is lost, stolen, or damaged, you can apply for a replacement by submitting a new Form I-765 and paying the required fee. Include a letter explaining the circumstances of the loss or damage.
Personal Story
Securing the right to work legally seemed overwhelming when I first moved to the United States. I remember meeting Maria, a fellow immigrant who had successfully navigated the system and secured her EAD.
Her story inspired me. Maria had applied for asylum, and while waiting for her case to be processed, she applied for an EAD. Despite the paperwork and the wait, she persevered. When she finally received her EAD, it was a moment of triumph. She could work legally, support her family, and build a new life in America.
Conclusion
The Employment Authorization Document (EAD) is a vital tool for immigrants in the United States. It provides the legal right to work and support themselves and their families. Understanding the EAD application process, eligibility requirements and renewal procedures is crucial for anyone seeking employment authorization.
You can confidently navigate the EAD application process by staying informed and prepared. Remember, the journey may be challenging, but the opportunities with legal work authorization are worth the effort.
Call to Action
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