|
- What is an Employment
Authorization Document?
U.S. employers must check to make sure all employees, regardless of
citizenship or national origin, are allowed to work in the United States.
If you are not a citizen or a lawful permanent resident, you may need to
apply for an Employment Authorization Document (EAD) to prove you may work
in the United States.
- If you are a U.S. citizen, you do not need an Employment
Authorization Document.
- If you are a lawful permanent resident or a conditional permanent
resident, you do not need an Employment Authorization Document.
Your Alien Registration Card proves that you may work in the United
States.
- If you are authorized to work for a
specific employer, such as a foreign government, you do not
need an Employment Authorization Document. Your passport and your INS Form
I-94 (Arrival-Departure Record) proves that you may work in the United
States.
- How Do I Apply?
You must file an USCIS Form I-765 (Application for Employment Authorization)
by mail with the INS Regional Service Center that serves the area where
you live. Our office can assist
you in filling out a complete and accurate Application so that you can
quickly get your employment authorization card.
- Who is Eligible?
- Foreign nationals who have filed an application for adjustment of
status to lawful permanent resident (Green Card)
- Spouse of E and L visa holders
- Spouse and children of J visa holders
- F-1 students seeking optional practical training in an occupation
related to their area of studies
- M-1 student seeking employment for practical training following
completion of studies
- F-1 students offered off-campus employment under the sponsorship of
a qualifying international organization
- F-1, M-1 and J-1 students seeking off-campus employment because of
severe economic hardship
- Spouse and children of foreign government diplomats, officials, and
NATO personnel
- K-1 fiancés or fiancées of U.S. citizens, or K-2 dependents
- Personal or domestic servants of employers who enter U.S. as
nonimmigrant under B, E, F, H, I, J or L visa
- B-1 nonimmigrant domestic servants of U.S. citizens
- B-1 nonimmigrant employees of foreign airlines
- Foreign nationals granted status under the Family Unity Program
- Foreign nationals who have been granted asylum in the U.S.
- Foreign nationals who have filed a complete application for asylum
or withholding of deportation or removal
- Foreign nationals in refugee status
- Foreign nationals paroled as refugees
- Foreign nationals under temporary protected status
- Citizens of Micronesia or the Marshall Islands or Palau admitted to
the U.S. as a citizen of the Micronesia or of the Marshall Islands
- Foreign nationals who have applied for suspension of deportation
- Foreign nationals who were paroled into the U.S. for emergent
reasons or reasons strictly in the public interest
- Deportable foreign nationals, granted voluntary departure, with an
evidence establishing economic necessity to work
- Foreign nationals on V nonimmigrant status
- Foreign nationals admitted as a parent (N-8) or dependent child
(N-9) of an alien granted permanent residence
- Foreign nationals on T-2, T-3, T-4 nonimmigrant status
- Foreign nationals who have filed an application for adjustment of
status to lawful permanent resident (Green Card)
- Renewal EAD: You should apply for a renewal EAD six months
before your original EAD expires.
- Replacement EAD: This document replaces a lost, stolen, or
mutilated EAD. A replacement EAD also replaces an EAD that was issued with
incorrect information, such as a misspelled name.
- Interim EAD: If INS does not approve or deny your EAD
application within 90 days (within 30 days for an asylum applicant; note:
asylum applicants are eligible to file for EADs only after waiting 150
days from the date they filed their properly completed original asylum
applications), you may request an interim EAD document.
- How Can I Appeal?
If your application for an Employment Authorization Document is denied,
you will receive a letter that will tell you why the application was
denied. You will not be allowed to appeal a negative decision to a
higher authority. However, you may submit a motion to reopen
or a motion to reconsider with the office that made the
unfavorable decision. By filing these motions, you may ask the office to
reexamine or reconsider their decision. A motion to reopen must state the
new facts that are to be provided in the reopened
proceeding and must be accompanied by affidavits or other documentary
evidence. A motion to reconsider must establish that the decision was
based on an incorrect application of law or INS policy,
and further establish that the decision was incorrect based on the
evidence in the file at the time the decision was made.
We are experienced in helping individuals with all
kinds of appeals and motions. If you need help with this or any
other type of immigration issue, let us assist you in doing it right the
first time. Call us for an appointment.
-
DO YOU STILL
HAVE QUESTIONS??
CALL OUR OFFICE TO SPEAK TO AN ATTORNEY AT NO
COST.
- (717)
854-6400
or
Fill
out
and submitted our "Request Form" and an Attorney will
contact you.
|
|
