subject: Getting An Employment Authorization Document [print this page] If you temporarily in the US and seeking an Employment Authorization Document (EAD), you are required to file Form I-765, Application for Employment Authorization. Other foreign nationals who are authorized to work in the US without restrictions should also file this form with the USCIS to get a document evidencing such authorization. However, you should not file this form if you are a Lawful Permanent Resident (LPR), Conditional Resident (CR), or a non immigrant authorized to be employed with a specific US employer.
Employment Authorization Document (EAD):
Form I-688, Form I-688A, Form I-688B, Form I-766, or any other documentation provided by the USCIS can be used as a proof that the bearer is authorized to work in the US. A Renewal EAD is an EAD issued to a person at or after the expiration of a previous EAD issued under the same classification. A Replacement EAD is one that is issued to a person when the previously issued EAD is lost,stolen, mutilated, or contains erroneous information (misspelled name).
An Interim EAD is issued to a person when the USCIS failed to adjudicate the application within ninety days of receipt of a properly filed EAD application or within thirty days of a properly filed Form I-765 based on an asylum application filed on or after January 4, 1995. The interim EAD is issued for a period that does not exceed 240 days subject to certain conditions. The USCIS passes a decision for employment authorization requests by determining whether an applicant has submitted the sufficient information and appropriate supporting documents and whether the applicant is eligible.
The I-765 form filing process :
While filing the I-765 form, you are required to attach a copy of Form I-94 Departure Record (if available) with a copy of the previous EAD. If you did not receive any EAD previously, you have to include a copy of a federal government issued identity document, such as a passport that has your picture, name, and date of birth. Apart from these documents, you are also required to submit two identical color photographs taken within thirty of filing the I-765 form. Not to forget the filing fee, that is $380.
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, you need not pay the fee for Form I-765. You can file Form I-765 concurrently with the I-485 form, or can also submit the I-765 at a later date. If you are filing the I-765 form separately, make sure you include a copy of your Form I-797 C, Notice of Action, receipt as evidence of the filing an I-485 as of July 30, 2007.
You can get an interim work authorization if you did not receive a decision even after 90 days of a properly filed EAD application or within 30 days of a properly filed EAD application based on an asylum application filed on or after January 4, 1995. You can get this by appearing in person at your local USCIS district office.
