subject: When Should One File the Employment Authorization Form? [print this page] When Should One File the Employment Authorization Form?
A naturalized U.S. citizen or lawful permanent resident does not need authorization to work in the United States. A Certificate of Citizenship or Green Card validates the right to work. Whereas, if you are not a US citizen or a lawful permanent resident, you are required to apply for an Employment Authorization Document (EAD) to be able to work in the United States. The EAD acts as a proof that you can legally work in the United States.
Form I-765, Application for Employment Authorization Form:
If an individual is temporarily in the United States and plans to work, they must file Form I-765, Application for Employment Authorization, to get an EAD. This document gives you the right to work in the United States. Renewal of an EAD is allowed only to eligible applicants upon expiration of their current EAD. A replacement document will be issued to eligible applicants if their EAD is lost, mutilated or contains incorrect information, such as a misspelled name.
If applying for an employment authorization document based on asylum status, individuals will have to wait until 150 days have passed since the applicant filed for asylum. If no decision is reached regarding the individual's asylum status within that time, then one can file the employment authorization Form I-765. If one receives asylum status approval within 150 days, then they can immediately file for an employment authorization document.
If an individual is filing to adjust their status, they may concurrently file Form I-765 along with Form I-485, Application to Register Permanent Residence or Adjust Status, or they may file Form I-765 at a later date. If an one files Form I-765 separately, they should also submit a copy of Form I-797C, Notice of Action, as evidence that they already filed Form I-485 . Individuals who get an EAD as part of an adjustment of status application can work for anyone. There are no restrictions on whom the applicant may work for or how many hours he/she may work.
When an individual is ready to file employment authorization Form I-765, they must make certain that the application is complete. All the necessary supporting documents and correct filing fee payment must be included. There are a few exceptions for the fee though. On receipt of your application, the USCIS will check for its completeness. Additionally, they may request more information or evidence and the applicant may be required to appear at an USCIS office for an interview. An individual may be asked to submit original documents, which will be returned when they are no longer required. A decision on the application will usually be made within 90 days after filing, 30 days for an application that is filed based on one's asylum status. If approved, the EAD will be sent to the applicant or the applicant may be requested to go to the local USCIS office to pick it up. If an application is denied, a written notice explaining the reason why will be sent to the applicant.
