WHAT IS A U.S. WORK PERMIT (EAD)?
An Employment Authorization Document (EAD) is a document that every employer in the United States must provide to its employees. If you are not a permanent resident of the United States and do not have a Green Card. EAD is the easiest way to demonstrate that you are allowed to work in the United States. In this article, attorney Alex Brosh from Cohen, Decker, Pex & Brosh, a US immigration law firm, explains how to obtain a document proving eligibility to work in the United States.
HOW TO APPLY FOR A WORK PERMIT IN THE UNITED STATES
To apply for an EAD, you must complete Form I-765, ie, Application for a Work Permit. You will need to apply for a document confirming the right to work in the United States if you are. A
refugee, temporary resident of the United States, or any immigrant who is eligible to work in the United States, but arrived without a work visa. If so, you will need an EAD as proof of eligibility to work.
All immigrants to the United States must obtain proof of eligibility to work, and therefore need a document confirming their eligibility to work. You will need an EAD as proof of eligibility to work if:
- You have filed Form I-485, Application for Registration of Permanent Residence (Green Card) or Adjustment of Status
- We have filed Form I-589, “Asylum Request” \ “Deportation Delays”.
- You are not an immigrant and your status allows you to live but not work in the United States (status such as an F-1 or M-1 student) To work in the United States, you need to apply for permission from USCIS (Department of Citizenship and Immigration USA).
WHO DOES NOT NEED A DOCUMENT PROVING THE RIGHT TO WORK IN THE UNITED STATES?
You do not need an EAD if you have a Green Card and are classified as a permanent resident of the United States. The Permanent Resident Card, known as the Green Card, is your permission to work in the United States.
If your visa gives you the right to work for a specific employer (for example, an H-1B, L-1B, O or P visa), you also do not need a document confirming the right to work in the United States.
UPDATING THE DOCUMENT CONFIRMING THE RIGHT TO WORK IN THE UNITED STATES
If your work permit has expired or is about to expire, you must apply for an EAD renewal by submitting a new Form I-765 and registration fee (if required). You can request a fee waiver in this and all future instances where payment is mentioned. The application must be submitted only if you are eligible for a work permit. Do not apply for a work permit renewal more than 180 days before the EAD expires.
REPLACING YOUR WORK PERMIT DOCUMENT
If your EAD is lost, stolen, or destroyed, file a new Form I-765 for a replacement. If you do not receive your EAD within 120 days, you can request not to receive your document. Payment is required to submit the request.
Do not apply for a replacement work permit unless you have grounds for obtaining a work permit. If you do this, you will informed that you have no grounds for submitting an application, and the card will be refused.
The payment for the replacement of a work permit document automatically canceled for employees of some foreign governments, international organizations and NATO personnel.
CORRECTION OF ERRONEOUS INFORMATION IN THE WORK PERMIT DOCUMENT:
If your EAD has incorrect information NOT due to a Citizenship and Immigration Service error, you must submit:
- New Form I-765
- Pay the fee
- All documents required according to the instructions
- Document with incorrect information
If your Work Permit (EAD) has incorrect information due to a Citizenship and Immigration Service error, the correction will be free. In this case, instead of the new Form I-765 or filing fee, you must submit:
- Map with erroneous information
- Detailed explanation of erroneous information
- Documents confirming the correctness of the information
Send information to the same service center or national benefit center that approved your previous Form I-765
WHO IS ELIGIBLE FOR A WORK PERMIT / FORM I- 765?
Categories include, but not limited to: refugees, certain categories of international students, foreign government employees and their dependents, and others. The Form I-765 guidelines and the Code of Federal Regulations provide a detailed list of eligibility categories.