1. What is Employment Authorization?

Employment Authorization in the U.S. refers to the legal permission granted to non-citizens to work. This is typically issued in the form of an Employment Authorization Document (EAD), also known as a "work permit." The EAD is issued by the U.S. Citizenship and Immigration Services (USCIS) and allows eligible individuals to work for any employer in the U.S. for a specified period.

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2. Relevant National Regulations

Employment Authorization is governed by U.S. immigration laws, primarily under the Immigration and Nationality Act (INA). Key regulations include:

• Eligibility: Employment Authorization is available to certain categories of non-citizens, such as:

  • Asylum seekers and refugees.
  • Individuals with Temporary Protected Status (TPS).
  • Spouses of certain visa holders (e.g., H-4 visa holders under specific conditions).
  • Students on F-1 visas under Optional Practical Training (OPT) or Curricular Practical Training (CPT).
  • Individuals with pending adjustment of status (green card) applications.
  • DACA (Deferred Action for Childhood Arrivals) recipients.
  • Other specific categories as defined by USCIS.

• Legal Basis: The issuance of an EAD is authorized under 8 CFR § 274a.12, which outlines the categories of individuals eligible for work authorization.

• Employer Verification: Employers are required to verify an employee's work authorization using Form I-9, Employment Eligibility Verification.

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3. Standard Procedures to Apply for Employment Authorization

To apply for an Employment Authorization Document (EAD), follow these steps:

Step 1: Determine Eligibility

Ensure you belong to one of the eligible categories for work authorization. You can find the full list of eligible categories on the USCIS website or in the instructions for Form I-765.

Step 2: Complete Form I-765

• Form I-765 (Application for Employment Authorization) is the official form used to apply for an EAD.
• Download the form from the USCIS website and complete it accurately. Be sure to select the correct eligibility category (e.g., asylum seeker, TPS holder, etc.).

Step 3: Gather Required Documents

Prepare the following supporting documents:

• A copy of your current immigration status document (e.g., Form I-94, visa, or approval notice).
• A copy of your passport or other government-issued photo ID.
• Two recent passport-style photos (meeting USCIS specifications).
• Evidence of eligibility (e.g., proof of pending asylum application, TPS approval, etc.).
• Any prior EADs, if applicable.

Step 4: Pay the Filing Fee

• The standard filing fee for Form I-765 is $410.
• If biometrics are required (for certain categories), an additional $85 biometrics fee may apply, bringing the total to $495.
• Fee waivers may be available for certain applicants who can demonstrate financial hardship. Use Form I-912 to request a fee waiver.

Step 5: Submit Your Application

• Mail your completed Form I-765, supporting documents, and payment to the appropriate USCIS address. The address depends on your eligibility category and where you live. Check the USCIS website for the correct filing address.
• Alternatively, some applicants may be eligible to file Form I-765 online through the USCIS online portal.

Step 6: Attend Biometrics Appointment (if required)

• If biometrics are required, USCIS will send you an appointment notice. Attend the appointment at the designated Application Support Center (ASC).

Step 7: Wait for Processing

• USCIS processing times for EAD applications vary depending on the eligibility category and workload. Typical processing times range from 2 to 6 months.
• You can check the status of your application online using the USCIS Case Status tool.

Step 8: Receive Your EAD

• If approved, USCIS will mail your EAD to the address provided on your application. The card will specify the validity period and any restrictions.

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4. Costs Involved

• Filing Fee: $410 (standard fee for Form I-765).
• Biometrics Fee: $85 (if applicable).
• Fee Waivers: Available for certain applicants (e.g., asylum seekers, DACA recipients, etc.) who meet financial hardship criteria.

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5. Important Considerations

a. Validity Period

• EADs are typically valid for 1 to 2 years, depending on the applicant's immigration status or eligibility category.
• Renewal applications should be submitted at least 90 days before expiration to avoid gaps in work authorization.

b. Renewal and Replacement

• To renew or replace an EAD, file a new Form I-765 and pay the applicable fees. Include evidence of continued eligibility.

c. Automatic Extensions

• Certain categories (e.g., TPS holders, asylum applicants) may qualify for an automatic 180-day extension of their EAD if they file a renewal application before the current EAD expires.

d. Unauthorized Work

• Working without proper authorization can have serious consequences, including denial of future immigration benefits or removal from the U.S.

e. Social Security Number (SSN)

• When applying for an EAD, you can also request a Social Security Number (SSN) by completing the relevant section on Form I-765. This eliminates the need to apply separately at a Social Security office.

f. Travel Considerations

• An EAD does not grant permission to re-enter the U.S. after travel abroad. If you plan to travel, ensure you have the appropriate travel documents (e.g., Advance Parole for certain applicants).

g. Employer Obligations

• Employers must verify your work authorization using Form I-9 but cannot discriminate based on your immigration status or request additional documents beyond what is required.

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6. Resources for Assistance

• USCIS Website: www.uscis.gov (official source for forms, instructions, and updates).
• Case Status Tool: USCIS Case Status (to track your application).
• Legal Aid Organizations: Nonprofit organizations like Catholic Charities, HIAS, or local immigration legal clinics can provide assistance with EAD applications.
• USCIS Contact Center: Call 1-800-375-5283 for help with your application.

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7. Common Mistakes to Avoid

• Submitting an incomplete application or incorrect fee.
• Failing to provide evidence of eligibility.
• Missing deadlines for renewal applications.
• Not updating USCIS with a change of address (use Form AR-11 to update your address).

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8. Final Tips

• Start the application process early to account for processing delays.
• Keep copies of all documents submitted to USCIS.
• Monitor your case status regularly and respond promptly to any USCIS requests for additional evidence (RFEs).

By following these guidelines, you can navigate the Employment Authorization process in the U.S. effectively. If you have specific questions or need further clarification, feel free to ask!