Being in the United States while you await the resolution of your immigration case, such as Adjustment of Status, can be a period of uncertainty, especially if you want to work legally to support yourself and your family. Fortunately, for many people in certain immigration categories, there is the option to obtain a Work Permit, officially known as an Employment Authorization Document (EAD).
The EAD is a physical card issued by USCIS that proves you have permission to work legally in the United States for a specific period. Not all immigrants are eligible for an EAD; the possibility of applying for one depends directly on your current immigration status or the type of main application you have pending with USCIS. It’s a key document that opens up employment opportunities for you while your primary immigration process moves forward.
Who can get an EAD and how to apply
Eligibility for an Employment Authorization Document (EAD) is linked to specific immigration categories. The most common for those already in the U.S. include applicants for Adjustment of Status (those seeking a Green Card from within the country), asylum or refugee applicants, certain students facing economic hardship, fiancés of U.S. citizens (under certain conditions), among others. It’s crucial to verify if your current category allows you to apply for this permit.
To apply for your EAD, you must file Form I-765, Application for Employment Authorization, with USCIS. This form requires you to provide detailed information about yourself and the basis of your eligibility. You will need to attach supporting documents, such as copies of your identification, your Form I-94 (arrival record), and evidence of your pending status or application (like the receipt notice for your I-485). Passport-style photographs are also required.
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Using your Employment Authorization Document and renewing it
Once your Form I-765 is approved and you receive your EAD card, you are authorized to work legally in almost any job in the United States. When you get a job, you will need to present your EAD to your employer as proof of your work eligibility, completing Form I-9, Employment Eligibility Verification. Your employer cannot ask for more documents than necessary or discriminate against you because you are an immigrant.
It is crucial to pay attention to your EAD’s expiration date. Work permits are not permanent and are generally valid for one or two years, depending on your category. If you need to continue working, you must apply to renew your EAD before the current one expires. The renewal process is similar to the initial application, requiring you to file Form I-765 again and demonstrate that you continue to be eligible. Filing for renewal in a timely manner is vital to avoid an interruption in your ability to work. (Note: In some cases, eligible applicants may qualify for an automatic extension of their expiring EAD).
You can also read: How an immigration lawyer can help you overturn a denial
The importance of a lawyer when applying for Your EAD
Although Form I-765 might seem straightforward, errors in the application or missing correct documentation are common causes of delays and even denials. An immigration lawyer can ensure you are eligible for an EAD based on your specific situation and that your application is complete and error-free. They know exactly what evidence is needed for your particular category and how to present it correctly.
An error could not only delay your work permit, meaning time without being able to work and losing income, but it could also complicate your main immigration case. Immigration law is complex and constantly changing. A lawyer stays updated and knows how to navigate these complexities, ensuring your EAD application does not jeopardize your overall process.
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Why investing in advice for your work permit is worth it
Paying a lawyer’s fees for an EAD application can be seen as an investment in your financial stability and peace of mind. Having the certainty that your application is handled correctly by an expert minimizes the risk of costly delays or denials. The ability to work legally is fundamental for many immigrants in the U.S.
A lawyer will guide you through the process, answer your questions, and handle the proper submission to USCIS. This allows you to focus on your job search or other important aspects of your life while you wait. In the complex world of immigration, securing your work permit efficiently and correctly is a crucial step that is worth protecting with professional help.
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