HOW DO I GET A WORK
PERMIT (EMPLOYMENT AUTHORIZATION DOCUMENT - EAD CARD)?
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An attorney in our office would be happy to assist you.
is an Employment Authorization Document?
US 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.
The US Citizenship and Immigration Services (USCIS) issues Employment
Authorization Documents (EAD card, a.k.a., temporary work permit) in
the following categories:
• EAD: This document proves you are allowed
to work in the United States.
• 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 USCIS 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.
What Does the Law Say?
The Immigration and Nationality Act is a law that governs the admission
of all persons to the United States. For the part of the law about Employment
Authorization Documents, please see INA Section 274A. The Code of Federal
Regulations (CFR) discusses the employment authorization responsibilities
of both employers and employees at 8 CFR Section 274a.
Who is Eligible?
• The specific categories that require an Employment Authorization
Document include (but are not limited to) asylees and asylum seekers;
refugees; students seeking particular types of employment; applicants
to adjust to permanent residence status;
people in or applying for temporary protected status; spouse
of American citizen; fiancee of American
citizen; and dependents of foreign government officials.
• If you are a US citizen, you do not need an Employment Authorization
• If you are a lawful permanent
resident or a conditional permanent resident, you do not need an
Employment Authorization Document. Your Alien Registration Card (i.e.,
Green 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 Form I-94 (Arrival-Departure Record)
proves that you may work in the United States. Please see 8 CFR Section
274a.12(b), which provides a full list of the categories of people who
do not need to apply for an EAD.
How Do I Apply?
You must file an Form I-765 (Application for Employment Authorization)
by mail with the USCIS Regional Service Center that serves the area
where you live.
If USCIS does not approve or deny your Employment Authorization Document
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 Employment Authorization
Document. You must go to your local USCIS office and bring with you
proof of your identity and any documents that USCIS has sent you about
your employment authorization application.
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 USCIS
policy, and further establish that the decision was incorrect based
on the evidence in the file at the time the decision was made.
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