Sample Employment Authorization Document (EAD)

An employment authorization document (EAD) can be obtained from USCIS by filing a form I-765 and in applicable instances paying a fee. The form is available for free download with instruuctions from the USCIS website. Employment authorization is for a limited period, usually not to exceed a year, but is renewable unless the basis for employment authorization has expired or been terminated for other reasons.

Non-immigrants must have an employment authorization document unless they are otherwise automatically allowed to work as part of their visa category. U.S. citizens and permanent residents are not required to obtain employment authorization. In some instances, the dependent spouse of a non-immigrant visa holder is allowed to apply for employment authorization and seek work; in other instances, such as H-4, this is not allowed. Each non-immigrant visa category has its own particular rule with regard to employment authorization.

US Consulates do not accept forms I-765 or issue EAD's but employment without an EAD can be based upon an immigrant visa for permanent residency or a non-immigrant visa for employment such as H-1B issued by a US Consulate abroad. Such a visa can only be used after the holder has been admitted by an inspector at a US port of entry legally into the United States.

Persons in removal often can apply for employment authorization if otherwise permitted notwithstanding the removal proceedings.

After an initial period of time (measured by "the asylum clock") asylum applicants may be eligible for employment authorization.

Adjustment of status applicants are permitted to apply for and obtain employment authorization while their cases are pending. If the petition is denied, then employment authorization also terminates, regardless of a later date of expiration that may appear on the card itself.

Employment authorization is NOT legal status in the United States or evidence of legal status. One can have employment authorization and still be detained for deportation, notwithstanding possession of an EAD as for example, pending permanent residence status as an immediate relative of a U.S. citizen. For more details, read this article questioning authorization to work in the United States without a right to be present in the United States.

If you have a question about ability to work, need to obtain employment authorization, legal status or another question about working as a visa holder, please contact Messing Law Offices for a free seven minute telephonic consultation or to schedule an initial consultation.

An employer must verify employment authorization initially and whenever the EAD has expired to make sure there is no lapse in the period of unauthorized employment.

The holder of an employment authorization document must also already have a social security number valid for employment or apply for one in order to work. Apply by filing form SS-5 with the nearest social security office. Click here to view a sample social security card. A social security card valid for employment is not only important to obtain work, but also it may be useful to open a bank account in the US, purchase a home and in other commercial settings.

The holder of an employment authorization document can often also obtain a state driver's license on the basis of the EAD that will expire on the expiration date of the employment authorization document.

If you have a question as an employer about employment authorization, or a question about use of an EAD to obtain a social security account, please contact Messing Law Offices for a free seven minute telephonic consultation or to schedule an initial consultation.

An example of the current version of appears of the EAD immediately below. Earlier versions that are technically still valid appear below the first set of images, although because of the short terms of expiration, they are encountered much less frequently in practice.

From the period 1997 to 2004, the predecessor agency to the Citizenship and Immigration Service, the Immigration and Naturalization Service, issued a very similar card, which is also recognized as valid for employment authorization purposes, provided it is not expired. An image of that version follows immediately below.

An even earlier version of the employment authorization document, the I-688B, is no longer valid after February 2, 2009. An image of that version follows immediately below.

Since February 2, 2009, two other early forms of documentation are no longer be valid for employment eligibility purposes: the form I-688A, also an employment authorization document, and the form I-688, which evidenced temporary resident status. No images of these documents are currently available.

Arizona Business and Employment Immigration Lawyer: Family, Labor, Business-based Immigration Lawyer

At Messing Law Offices, we provide high quality legal services and expertise to families, working men and women, and businesses. If you have a concern in the areas of family based immigration, business based immigration, employment based immigration, or naturalization and you are seeking the help of an experienced immigration lawyer, call Messing Law Offices for professional Arizona immigration attorney assistance.