Employment Authorization Document (EAD)
(US Work Permit Document for Non-Green Card Holders)
The Employment Authorization Document is a plastic-coated card, issued by the
USCIS, which authorizes an alien to work in the US for a specific period of
time.
A Brief Description of EAD:
If an alien possess an
Employment Authorization Document (EAD), sometimes called
a Work Permit, he/she is authorized to work without having the employer file a
petition for non-immigrant worker. The EAD, which is in the form of a card,
allows the alien to work in the United States for a limited period of time,
generally one year. This work permit card contains the alien's name and photo,
as well as the expiration date.
With an employment authorization document, the foreign nationals can lawfully
work in the U.S. for any employer. However, it is also possible for an alien to work
for a specific US employer even if he/she does not own an EAD. For instance, a
foreign employee with a valid US visa, such as H-1B,
L-1, or O-1, is capable of
working for a specific employer. These work authorizations do not necessitate
the EAD.
Every US employer has to check to ensure all employees (no matter citizenship or
national origin) are authorized to work in the USA. If you are not a US citizen,
a lawful permanent resident (“green card” holder), or a conditional resident,
you may need to apply for an employment authorization document to prove you can
work in the country. Green card or proof of your citizenship is a confirmation
of work authorization in the United States.
Make sure the EAD card is valid, however, by checking the expiration date...if
it is expired, DO NOT HIRE THIS PERSON! Most common cases we see for an alien to
have an EAD is when a foreign student graduates from a US university, they may
be granted an EAD to work on "practical training", usually issued for a period
of one year, at which time can be changed to H-1B status.
Eligibility for Applying Employment Authorization Document:
Aliens in a number of non-immigrant statuses are eligible to apply for
this work permit document. The general categories include:
- Foreign Students with F-1 status seeking Optional Practical Training (OPT)
in a job directly related to studies.
- F-1 students looking for off-campus employment owing to severe economic
hardship.
- J-2 spouses or minor children of the exchange visitors.
- Applicants of Adjustment of Status. After or at the time foreign national
file for I-485 (AOS petition) may file the EAD application. This helps them to
continue employment while the adjustment is pending.
- M-1 students seeking practical training after finishing their studies.
- K-1 non-immigrant fiancée of US citizens or K-2 dependent.
- L-2 visa holder.
- Asylee, Refugee, and Paroled as a Refugee.
- The aliens who have been granted status under the Family Unity Program.
Notably, H-4 visa holders are NOT eligible to file for employment authorization
document until they apply for I-485.
EAD Application Process:
The EAD applicant must file Form I-765 by mail with the USCIS center that serves
the location where he/she resides. The applicant is also required to submit
other supporting documents, photos, and fee. Supporting documents include a copy
of Form I-94 (front and back) and a copy of last EAD, if the applicant holds
one.
USCIS also issues Renewal Employment Authorization, Replacement Employment
Authorization, and Interim Employment Authorization. The individual must apply
for a Renewal EAD six months prior to his original EAD terminates. Replacement
EAD replaces a stolen, lost or mutilated EAD document. This also replaces the
card that was issued with wrong information, like a misspelled name. If USCIS
does not approve an EAD application within 90 days (within 30 days for an asylum
candidate), the applicant may ask for an Interim EAD document.
Difference between EAD and Labor Certification:
Employment Authorization Document and Labor Certification are two different
concepts. Issued by the USDOL, a Labor Certification (LC) is a qualification for
an immigration petition for some employment-based classifications. Here, the US
employer is the petitioner and the prospective foreign worker is the
beneficiary. Furthermore, the Labor Certification does not provide an alien the
right to work in the country, while an EAD does. With the EAD document, the
alien is the applicant as well as the beneficiary. Furthermore, this is not
employer specific.
You can find more information about employment authorization document in our EAD FAQs page.
We at immspec.com, as part of all services, provide assistance
preparing your USCIS Form I-765. For further information, please
contact us.
