1. Who is eligible to apply for an Employment Authorization Document (EAD)?
Generally, any person who has applied for and been granted an immigration status that includes authorization to work in the United States is eligible to apply for an Employment Authorization Document (EAD). This includes individuals who have applied for asylum, those with Temporary Protected Status (TPS), refugees, students, asylees, certain family members of legal permanent residents, and individuals who have applied for permanent residency.
2. How long does the Employment Authorization Document (EAD) remain valid?
The Employment Authorization Document (EAD) is typically valid for one year or until the expiration date printed on the card, whichever comes first.
3. What documents do I need to submit with my Employment Authorization Document (EAD) application?
If you are applying for an Employment Authorization Document (EAD) through USCIS, you will need to submit several documents in addition to the completed application form, including:
1. Proof of your identity, such as a copy of your passport;
2. Evidence of your lawful immigration status, such as a copy of your visa or green card;
3. Proof of your employment authorization, such as a letter from your current employer;
4. A copy of any court orders that may affect the outcome of your EAD application;
5. A copy of any other documents pertaining to your application;
6. Two identical passport-style photographs; and
7. The applicable filing fee.
4. How do I obtain an Employment Authorization Document (EAD)?
In order to obtain an Employment Authorization Document (EAD), you must file Form I-765 with U.S. Citizenship and Immigration Services (USCIS). Depending on the category of your visa, you may need to provide additional evidence such as a copy of your passport, I-94 arrival and departure record, Form I-20 (if an F-1 student), or other documents. If approved, an EAD will be sent to you in the mail.
5. What is the cost of obtaining an Employment Authorization Document (EAD)?
The cost of obtaining an Employment Authorization Document (EAD) is $410. This fee includes a $380 filing fee and an $30 biometric services fee.
6. Is it possible to apply for an Employment Authorization Document (EAD) online?
Yes, it is possible to apply for an Employment Authorization Document (EAD) online. The U.S. Citizenship and Immigration Services (USCIS) website offers an online form (Form I-765) that can be submitted electronically.
7. What is the difference between an Employment Authorization Document (EAD) and a work permit?
An Employment Authorization Document (EAD) is a document that is issued by a government agency and grants an individual the legal right to work in the U.S. for a specific period of time. A work permit is a document that allows someone to work in the U.S., and it can be issued by both a government agency or through an employer. A work permit may be issued for a shorter period of time than an EAD.
8. How can I renew my Employment Authorization Document (EAD)?
You can renew your Employment Authorization Document (EAD) by submitting a new Form I-765, Application for Employment Authorization to U.S. Citizenship and Immigration Services (USCIS). You should include a copy of your expiring EAD, two passport-style photos, and the filing fee. You may also need to provide additional supporting documents depending on the basis of your application and other factors.
9. What are the requirements for obtaining an Employment Authorization Document (EAD)?
In order to obtain an Employment Authorization Document (EAD), an individual must be in the United States and eligible for an immigration benefit that allows the individual to work. This includes non-immigrants, lawful permanent residents, asylum-seekers, refugees, certain family members of U.S. citizens, and others. To apply for an EAD, the individual must fill out Form I-765, Application for Employment Authorization. The applicant must also include proof of his/her eligibility for an immigration benefit, such as a copy of an approval notice from U.S. Citizenship and Immigration Services (USCIS) or other documentation. The applicant may be required to provide additional documents such as passport-style photographs or proof of identity.
10. What is the procedure for replacing a lost or stolen Employment Authorization Document (EAD)?
The procedure for replacing a lost or stolen Employment Authorization Document (EAD) is to file Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services (USCIS). The applicant will need to provide proof of their identity and proof of current immigration status in the United States. Additionally, they may be required to provide evidence of the loss or theft of the EAD and other supporting documents, such as a police report. The fee for replacing a lost or stolen EAD is $410. After USCIS approves the I-765 form, the applicant will receive their new EAD.
11. What happens if my Employment Authorization Document (EAD) expires while I am still employed?
If your Employment Authorization Document (EAD) expires while you are still employed, you can continue to work for the authorized period under the original EAD as long as you have applied for a renewal or extension before the expiration date. If your employer does not allow you to work with an expired EAD, then you should contact U.S. Citizenship and Immigration Services (USCIS) to verify the status of your application and resolve any issues that may be preventing your renewal or extension.
12. What are the penalties if I am found to be working without an Employment Authorization Document (EAD)?
If you are found to be working without an Employment Authorization Document (EAD), you may face civil and/or criminal penalties. Civil penalties may include fines, back pay, and/or back taxes. Criminal penalties can range from a misdemeanor charge to a felony conviction, depending on the circumstances. You may also be subject to removal from the United States.
13. How long does it take to process an Employment Authorization Document (EAD) application?
The processing time for an Employment Authorization Document (EAD) application can vary depending on the type of application, the applicant’s circumstances, and the current processing times of United States Citizenship and Immigration Services (USCIS). Generally, it can take between two and five months to receive a response from USCIS regarding an EAD application.
14. Can I appeal a decision denying my request for an Employment Authorization Document (EAD)?
Yes, you may appeal a decision denying your request for an Employment Authorization Document (EAD). You must follow the instructions provided in the denial notice to file an appeal.
15. Are there any other documents that employers must check in addition to the Employment Authorization Document (EAD) when hiring someone?
Yes. Employers must also check an employee’s Social Security Card, Driver’s License or State ID, Permanent Resident Card, and passport (if applicable). In addition, employers may also check I-9 forms, tax forms, and other documents related to the applicant’s proof of identity and employment eligibility.
16. Can I work in more than one job if I have an Employment Authorization Document (EAD)?
Yes, you can work in more than one job if you have an Employment Authorization Document (EAD). However, your total hours of work between both jobs should not exceed the total amount of hours allowed under your specific EAD. Additionally, you should make sure that both employers are aware that you are working multiple jobs.
17. Are employers required to accept the Employment Authorization Document (EAD)?
Yes, employers are required to accept the Employment Authorization Document (EAD). The EAD is a document issued by the United States Citizenship and Immigration Services (USCIS) that permits foreign nationals to work in the United States. According to the Immigration and Nationality Act, employers must accept valid EADs as evidence that an individual is authorized to work in the United States.
18. What should I do if my employer refuses to accept my Employment Authorization Document (EAD)?
If your employer refuses to accept your Employment Authorization Document (EAD), you should first discuss the issue with your employer and explain why the document is necessary for you to continue working legally. If your employer continues to refuse to accept the EAD, it is recommended that you contact the U.S. Department of Justice (DOJ) Civil Rights Division, Immigrant and Employee Rights Section (IER). IER enforces the anti-discrimination provision of the Immigration and Nationality Act (INA) which prohibits employers from discriminating against individuals based on their citizenship or immigration status.
19. Are there any restrictions on working in the United States with an Employment Authorization Document (EAD)?
Yes, there are restrictions on working in the United States with an Employment Authorization Document (EAD). An EAD is only valid for the purpose stated in the document and for the period of time indicated on the card. An EAD cannot be used to work for any employer other than the one listed on the card, nor can it be used to work in any position other than the one specified. Additionally, an EAD holder must remain lawfully present in the United States and not commit any violations of their immigration status.
20. Can I travel outside of the United States with an Employment Authorization Document (EAD)?
Yes, you can travel outside of the United States with an Employment Authorization Document (EAD). However, it is important to remember that a valid EAD does not guarantee re-entry into the United States. Therefore, if you are planning to travel outside of the United States, it is recommended that you also obtain a valid U.S. passport and/or a valid visa before you leave.