When it comes to understanding what an Employment Authorization Document or EAD is, you must first understand the basics of United States immigration law. Immigration laws are the set of federal laws that regulate how a person from abroad may qualify for a visa, and under what circumstances they can be deported.
It is important to note that there are many different kinds of temporary and permanent visas that an individual may apply for prior to entering the United States. Therefore, depending on the exact purpose of your entry, there is typically a visa available that fits your situation.
However, there are also additional situations in which a visa might not be the correct solution. An Employment Authorization Document is a type of work permit that allows a person to work legally in the United States, without applying for and receiving a work visa.
The following article discusses the basics of an Employment Authorization Document, what the EAD does, as well as the process for applying for the EAD.
What Is an EAD Card?
An employment authorization card, otherwise known as an EAD or work permit, is an identification card that is issued by the United States Citizenship and Immigration Services (“USCIS”) that provides temporary employment authorization to certain qualifying foreign nationals.
If an individual applies for and is approved for an EAD, the EAD will then allow them to work legally in the United States for a specific time period. If you are a foreign national that falls into categories such as asylee, refugee, U nonimmigrant, or have a pending immigration case, then you may need to apply for your EAD card.
As far as the EAD card itself, it is similar in size to a credit card, and will commonly include information about you, such as a photo, your name, your birth date, and an expiration date. It is important to once again note that an EAD card cannot serve as proof of United States citizenship or permanent residency. An EAD is also not a green card or a visa, as those require an entirely different application and approval process.
What Is the Application Process for an EAD?
In order to apply for an Employment Authorization Document, you will need to complete and submit Form I-765. The Form I-765 can be found on the USCIS website, and will include detailed instructions with regard to filling it out.
The form will also inform you as to what evidence you will need to submit to support your application. Additionally, you can also use Form I-765 for various other purposes, such as initial permission to accept employment or replacing a lost, stolen, or damaged Employment Authorization Document.
It is important to note that before you even begin the application process, you must be eligible for the application. In order to be eligible to apply for an Employment Authorization Document , you must fall into one of these categories:
- Application for Adjustment of Status: If you are applying for permanent resident status (green card), you can request an EAD
- Spouse of Treaty Traders or Investors: If you are the spouse of an E1 treaty trader, E2 treaty investor, or L1 intra-company transferee, you may apply for an EAD
- Spouse or Child of J1 Exchange Visitor: If you are the spouse or child of a J1 exchange visitor, you may apply for an EAD
- F1 Student Seeking Practical Training: F1 students that are seeking practical training directly related to their area of study are also eligible to apply for an EAD
After you determine that you are eligible to submit the Form I-765, you must then fill out the form. Additionally, you will also need to submit supporting evidence, including:
- Proof of your current immigration status
- A copy of the front and back of any previous EADs that you may have been issued
- A copy of identifying documentation, such as your birth certificate or professional licenses
- Two passport-sized photos
- An I-94 form, which is a form that documents your past travels within the United States
After filling out the Form, you will then need to pay the filing fee to submit your application. The filing fee for Form I-765 is generally $520. However, the cost may vary based on certain factors, such as whether or not you will need to submit biometrics with your application. If biometrics is needed, then you will need to attend that appointment.
Finally, you will receive a decision on your application. If your Form I-765 application is approved, your EAD card should then be produced within two weeks and mailed to you via United States Postal Service Priority Mail. If you have not received the card by that time, you should reach out to your local USCIS office.
What Is the Average EAD Card Processing Time?
In general, the average processing time for an Employment Authorization Document is around 60 to 90 days. However, this processing time estimate will vary according to several factors, including the amount of applications and current workload of USCIS and whether or not you correctly filled out the application.
If you made errors during the application process or failed to provide supporting evidence that was requested, then the decision on your case will likely be delayed. As such, you should plan ahead and be prepared for possible delays. If you have not received an update from USCIS you may contact them for an update on your case.
Can I Do Anything if My Application Is Denied?
If your Form I-765 has been denied, it is important to remain calm. First, USCIS does not allow you to appeal a denial of an EAD application. However, USCIS will send a letter explaining the reasons for their denial of your application.
The majority of denials will be based on simple mistakes or oversights. As such, these mistakes are easily correctable. Importantly, mistakes may also be made on USCIS’ side of things. If that is the case, and you discover they made a mistake when evaluating your application, then you may be eligible to file a motion to reopen and reconsider your case.
An attorney may be helpful in helping you resubmit your application or filing a motion to reopen your case. An experienced attorney will also be able to assist you in expediting your application. Importantly, there are certain criteria for expediting your application.
Do I Need an Attorney for Help With Applying for an EAD Card?
If you are considering applying for an EAD card, then you may absolutely download and complete the Form I-765 on your own. However, the process for applying for an EAD card is not always a straightforward and non-complicated process.
As such, if you are encountering any issues with regards to the Form I-765, then it is in your best interest to work with an experienced and local work visa attorney. LegalMatch can assist you with contacting and setting up an initial consultation with an immigration attorney near you.
An experienced immigration lawyer will be best suited to helping you understand the process for completing the Form I-765, filing the necessary paperwork and supporting documentation, and may also appear with you at any necessary hearings. Additionally, your immigration lawyer will also be able to represent you in court, as needed, should any issues arise that may result in legal action being taken against you.
