Bookkeeping

Employment Authorization for Certain Non-immigrants

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It ensures that employers can verify their employees’ work authorization while complying with U.S. immigration laws. Additionally, the EAD facilitates access to essential services such as obtaining a Social Security Number (SSN) and a driver’s license. USCIS provides a link allowing you to check current Form I-765 processing times to know how far in advance you should submit your renewal. Currently, applications take three to nine months on average, but some categories may take significantly longer. For example, some DACA-related I-765s have recently taken as long as 37 months to process.

Access to Social Security Number (SSN)

When you send a payment, you agree to pay for a government service. Filing fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request. If you pay by credit card or debit card, you cannot later dispute the payment. You should file a renewal application with USCIS before your current EAD expires, ideally about 180 days before. The processing time for an EAD can vary based on the applicant’s immigration status and USCIS workload. It is crucial to maintain compliance with your immigration status and work only as authorized by your EAD to avoid potential revocation.

You must renew your Work Permit before it expires to maintain your authorization to work in the U.S. If your EAD is lost, stolen, or damaged, you can apply for a replacement Work Permit by submitting a new Form I-765, along with the required supporting documents and the appropriate filing fee. In certain cases, applicants may request expedited processing of their EAD application if they can demonstrate a severe financial loss or meet other specific criteria. To request expedited processing, you must contact the USCIS service center handling your application and provide supporting evidence for your request. To apply for an EAD, you must complete and submit Form I-765, along with the required supporting documents.

This happens when the immigration status itself ends in less than a year. The EAD card includes your name, photo, alien number, card number, date of birth, fingerprint, and expiration date. We can only issue EADs for principals and derivatives after we approve the underlying U nonimmigrant status petition, regardless of when you file Form I-765. After we approve the underlying petition for derivative U nonimmigrant status, we will not issue you an EAD. You can pay the fees by credit card or debit card using Form G-1450, Authorization for Credit Card Transactions, or by ACH transaction using Form G-1650, Authorization for ACH Transactions.

To continue working legally in the U.S., you must file a renewal of your EAD within 180 days of the expiration of the current one. To apply for your work permit (EAD), file an Application for Employment Authorization (Form I-765), review the instructions, and pay the filing fee. Many people do not have legal immigration status in the United States and therefore can not get an EAD. They often work jobs that are “off the books” or get paid with cash. You must file Form I-912 with your EAD application or submit a letter asking for a fee waiver along with the required evidence.

A mistake made by you when you applied or a processing error by the USCIS. What do you do if your EAD is lost, stolen, or even incorrectly issued? An H1B visa grants someone entry into the U.S. and it simultaneously gives them the right to work for their sponsor (the U.S. employer who petitioned for them to move to America). There are naturally some differences between an EAD and an H1B visa’s work restrictions. In many states, including Georgia, having a valid Work Permit allows you to apply for a driver’s license, which can be essential for transportation and identification purposes. If your EAD contains one or more errors introduced by USCIS (like a misspelled name or incorrect birthdate), don’t use Form I-765.

Wait time for an EAD

Obtaining an EAD does not automatically extend your non-immigrant visa or change your immigration status. You must still file separate applications for visa extensions or change of status requests. If you have already received your Work Permit and did not apply for an SSN concurrently, you can still apply for a Social Security Number. This involves gathering the required documents, completing Form SS-5, and visiting your local Social Security office to submit your application. The Form I-765 is an application form used by foreign nationals to request an Employment Authorization Document (EAD) from the United States Citizenship and Immigration Services (USCIS). Form I-766, commonly referred to as the EAD card or Work Permit, serves as proof of the individual’s authorization to work in the United States.

How do employers verify the validity of an Employment Authorization Document (EAD)?

If you have a Green Card, you also have the right to work in the U.S. The U.S. has strict laws governing the right of visa holders to work in the U.S. and under the Trump administration, it has become even stricter. In order to be able to work in the U.S. on a visa, you will need an Employment Authorization Document (EAD). Below we take a look at the basics regarding Employment Authorization Documents and how you can apply for one. I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S.

Applying for an Employment Authorization Document (EAD) requires submitting the correct forms and supporting documents, as well as paying the appropriate filing fees. In this section, we will guide you through the application process, including information on processing times and renewing or replacing an EAD. If you fit into certain categories, as long as you file for renewal before your current EAD expires, your employment authorization is automatically extended for 180 days. For categories ineligible for the automatic extension, like DACA, ensure you apply for renewal with plenty of processing time. An employment authorization card is an identification document that shows proof of your right to work in the United States.

Employment Authorization Document (EAD) for Adjustment of Status Applicants

So you don’t need to use Form I-765 if you have a green card or come to the U.S. for temporary employment. For many immigrants, obtaining the legal right to work in the United States is a critical step toward stability and opportunity. Employment Authorization Documents (EAD), commonly known as work permits, allow non-citizens to legally work while they pursue lawful status or await decisions on their immigration cases. In this guide, we’ll explain who qualifies for employment authorization, how to apply, and how to overcome common challenges in the process. It will take approximately 30 days from the date the card is received for USCIS to process your request and, if we determine it was due to USCIS error, to issue you a new card. Please retain your tracking information to ensure your card was properly delivered.

However, most other non-residents require an EAD to work legally in the U.S. Follow the normal application process but request a replacement. The USCIS will notify you by mail at your registered address about the outcome of your application. They may either mail you your EAD or they’ll request you to collect it at your nearest USCIS office.

  • Many organizations and lawyers offer free or low-cost legal services.
  • For general employment authorization requirements based on a pending asylum application, see the “Permission to Work in the United States” section on the Asylum page.
  • The average wait time for a decision from USCIS is typically about three months.
  • If your application is denied, you will be told the reasons for the denial.
  • Keep in mind that processing times are general estimates, and individual cases may take less or more time to complete.

Please refer to the Form I-765 instructions for information on other specific categories. An Employment Authorization Document (EAD), often referred to as a work permit, is a document issued by U.S. Citizenship and Immigration Services (USCIS) that grants the holder the right to work in the United States. There are basic categories of people who are eligible for an EAD. Take employment authorization note an application for an EAD does not mean automatic success even if you are eligible. Most EADs are valid for one year, but it may differ from case to case.

  • The EAD’s sole use is to grant the holder the right to be employed.
  • Required documents for an EAD application typically include proof of your immigration status, a recent photograph, and a government-issued identification document, such as a passport.
  • You can also use the form to request a replacement EAD card if yours is lost, damaged, stolen or contains errors not caused by USCIS.
  • If your case is outside the normal processing time, you place an Outside Normal Processing Time e-Request or request assistance from your local congressman’s office.

Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more. Please see the Form I-765V instructions for a complete list of eligibility categories. You may also find eligibility categories in section 274a.12, title 8 of the Code of Federal Regulations.

What Is Employment Authorization?

If you are not a citizen or a lawful permanent resident, you may need to prove that you can work in the United States by presenting an Employment Authorization Document (Form I-766/EAD). The expiration of your EAD does not directly impact your underlying immigration status. However, it does mean that you are no longer authorized to work in the United States. It is crucial to renew your EAD before it expires to maintain continuous work authorization and comply with U.S. employment regulations. In most cases, you cannot work in the United States until you have received your EAD card.