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.
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