Working While an Adjustment Application is Pending
The Employment Authorization Document (EAD) serves as a vital lifeline for several categories of non-citizens in the United States, enabling them to work legally even if they don’t possess inherent work rights. Among those benefiting from the EAD are asylum seekers and refugees, who may apply for work authorization while their asylum claims are being processed. International students on F-1 visas also require an EAD to engage in off-campus employment through Optional Practical Training (OPT) that pertains to their studies. Additionally, spouses of certain visa holders, such as H-1B visa holders (who possess H-4 visas), are eligible to apply for an EAD to work in the U.S. Similarly, applicants for adjustment of status waiting on their green card processing can obtain an EAD. Furthermore, recipients of the Deferred Action for Childhood Arrivals (DACA) program, which encompasses individuals brought to the U.S. as children under specific conditions, can also secure an EAD.
Determine Your Eligibility
Before you can apply for an EAD, you must determine whether you fall into a category eligible for work authorization under U.S. Citizenship and Immigration Services (USCIS) regulations. Common categories include:
– Asylum seekers and refugees
– Students seeking optional practical training (OPT) related to their studies
– Certain dependent spouses of visa holders
– Applicants for adjustment of status (green card applicants)
Complete the Form I-765
To apply for an Employment Authorization Document (EAD), you must complete Form I-765, the Application for Employment Authorization. Start by downloading the most recent version of Form I-765 from the USCIS website. It’s crucial to fill out this form with accurate and complete information, as any errors can lead to delays in processing.
You will need to attach all necessary documentation that validates your eligibility for an EAD. Typically, this includes proof of your current immigration status, your identity, and your eligibility category.
Additionally, you’ll need to gather supporting documents, which may vary depending on your specific eligibility category. Commonly required documents include a passport-style photo and a copy of a government-issued ID, such as a passport or national ID card. You’ll also need to provide evidence of your eligibility, which might be a notice of action (Form I-797) for pending petitions, a marriage certificate if you are a dependent spouse, or a current visa for those on a student or exchange visitor program.
Check the USCIS website to find out the current fee required for the EAD application. Depending on your circumstances, you may be eligible for a fee waiver.
Submit Your Application
Once you have completed Form I-765 and gathered all supporting documents, compile your application packet and mail it to the appropriate USCIS filing address for your category. You can find this information on the USCIS website or consult with an immigration attorney to ensure accuracy.
Attend a Biometrics Appointment (If Required)
Some applicants may need to attend a biometrics appointment to provide fingerprints, a photograph, and a signature. USCIS will send an appointment notice if this is necessary.
Track Your Application
After submitting your application, you can track its status online through the USCIS website using the receipt number provided on your receipt notice. This feature allows you to stay updated on the progress of your application.
Receive Your EAD
Processing times can vary depending on the volume of applications and your specific situation. Once approved, USCIS will mail your EAD card to the address you provided. This card will include your photo and details, and it specifies the validity period of your work authorization.
Applying for an EAD can significantly impact your life in the U.S., allowing you to work and support yourself while you are here. While the process might seem complex, understanding each step and preparing accordingly can ease your experience. For any uncertainties or legal help, consider consulting with an experienced immigration attorney who can provide guidance tailored to your individual case.
