Employment authorization document
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An employment authorization document (EAD, Form I-765), EAD card, known popularly as a "work permit", is a document issued by United States Citizenship and Immigration Services (USCIS) that provides its holder a legal right to work in the US. It is similar to, but should not be confused with the green card.
Certain 'aliens' (non-residents) who are temporarily in the United States may file a Form I-765, application for employment authorization, to request an EAD. An EAD is issued for a specific period of time based on alien's immigration situation. Foreign nationals with an EAD can lawfully work in the United States for any employer.
Aliens who are sponsored by US employers and issued temporary work visas for such as H, I, L-1 or O-1 visas are authorized to work for the sponsoring employer, through the duration of the visa . This is known as 'employment incident to status'. Aliens on such work visas do not qualify for an EAD according to the US Citizenship and Immigration Service regulations (8 CFR Part 274a).
Currently the EAD is issued in the form of a standard credit card-size plastic card enhanced with multiple security features. The EAD card contains some basic information about alien: name, birth date, sex, immigrant category, country of birth, photo, alien registration number (also called "A-number"), card number, restrictive terms and conditions, and dates of validity.
The eligibility for employment authorizations are detailed in the Federal Regulations at 8 C.F.R. §274a.12. Only aliens who fall under the enumerated categories are eligible for an employment authorization document.
There are more than 40 types of immigration status that make their holders eligible to apply for an EAD. Some are nationality-based and apply to a very small number of people. Others are much broader, such as those covering the spouses of E-1, E-2, E-3 or L-1 visa holders.
USCIS issues EADs in the following categories:
- Renewal EAD: Renewal cannot be filed more than 120 days before the current employment authorization expires.
- Replacement EAD: 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.
Obtaining an EAD
Applicants would file Form I-765 (application for employment authorization) by mail with the USCIS Regional Service Center that serves the area where they live. They may also be eligible to file Form I-765 electronically (see USCIS Electronic Filing). For employment based green card applicants, your priority date needs to be current to apply for Adjustment of Status (I485) at which time you can apply for EAD. Typically, it is recommended to apply for Advance Parole (AP) at the same time so that you do not have to get a visa stamping when re-entering US from a foreign country.
An interim EAD is an EAD issued to an eligible applicant when USCIS has failed to adjudicate an application within 90 days of receipt of a properly filed EAD application or within 30 days of a properly filed initial EAD application based on an asylum application filed on or after January 4, 1995. The interim EAD will be granted for a period not to exceed 240 days and is subject to the conditions noted on the document.
An interim EAD is no longer issued by local service centers. One can however take an INFOPASS appointment and place a service request at local centers, explicitly asking for it if the application exceeds 90 days and 30 days for asylum applicants without an adjudication .
- "Classes of aliens authorized to accept employment". Government Printing Office. Retrieved 17 November 2011.
- 'Work Permits: An Overview,' http://www.usvisalawyers.co.uk/article18.htm