Tag Archives: EAD

EAD Work Authorization Form I-765

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Non US citizens who wish to work in the US should get authorization to work in the US. They can get authorization by filing the I-765 form which is the authorization for their employment. Though belonging to different national origin, aliens can work after the I-765 form is approved.

I 765 Application for Employment Authorization Document:

I-765 form or the Application for Employment Authorization Document is used by certain aliens to apply for an Employment Authorization Document. A valid Employment Authorization Document is issued in the form of plastic card which resembles a credit card. The information on the EAD card is all about the personal details of the alien who has applied like the name, sex, birth date, country of birth, alien registration number, recent photos, etc. So any foreign national with a valid EAD can work for an employer in the US.

Individuals can file I-765 form or Application for Employment Authorization by mail with the USCIS Regional Service Center closest to where they live. It can also be filed electronically. Each applicant should file a separate application, with the relevant fees and documents.

EAD can be applied for by certain foreign nationals like,

-one who has filed for a green card or Adjustment of status
–Spouses of L and E visa holders and spouses and children of J visa holders.
-Spouses and children of foreign government officials
–F1 and M1 students of certain categories
-B1 non immigrant employees of US citizens and foreign airlines.
-Foreign nationals of refugee and asylum status.
-Foreign nationals of V non immigrant status and who are under the temporary protected status.

The EADs issued by the USCIS are for different categories, like

*Renewal EAD- This is the EAD which is issued for the EAD that has expired and will be issued only under the same category.

*Replacement EAD- This is issued for the previously issued EAD that has been stolen, lost, damaged, or having erroneous information like mis spelled name etc.

*Interim EAD- This EAD is requested by the foreign employee, if his EAD has not been approved or denied within 90 days and it is 30 days for an asylum applicant.

Further, in case an individual has filed I 485 application, which is the application to register Permanent Residence or Adjustment of status, on July 30, 2007 or after and paid for it as well, there is no necessity of a filing fee for I-765. Also the I 765can be filed concurrently with the I-485 or filed separately at a later stage. In case of filing the I-765 form separately, then a copy of the I 797C,Notice of action should be submitted to show that the I 485 application has been filed.

The employment authorization document is a mere work permit and authorizes one to work in the US. Depending on the category, one has to file the I-765 form and take the advantage and right of working in the US, which is a dream for many of the foreign nationals.


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Green Card Pending – How Can You Work

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Immigrants who are in the United States for temporary stay should file Form I765, application for employment authorization with the United States Citizenship and Immigration Services or USCIS, to receive an EAD or Employment Authorization Document. The EAD is also known as work permit. U.S. citizens, lawful permanent residents, conditional permanent residents and non-immigrants who are authorized to work in the U.S. should not use Form I765, application for employment authorization. You can work in the United States even while your Green Card application is pending.

If you want to work while your Green Card application is pending, you have to file Form I765, application for employment authorization along with your adjustment of status application. Along with Form I765 you have to submit a copy of your I-94, Arrival Departure Card. On submitting your application with the USCIS, you should receive an Employment Authorization Card within 90 days. Once you have received the Employment-Authorization Card you are eligible to work in the United States, even if your Green Card Application is pending.

If for some reason you do not receive the Employment-Authorization Card within 90 days, you can request for an interim employment authorization on Form I765, which will be valid for 240 days. To receive an interim card, you have to file a request for interim work authorization on Form I765 at the USCIS service center. If 240 days pass and you still have not received a final decision on your I765 application you must stop working. Interim work authorization cards cannot be renewed. However, if you reach this point, you have the option to file a new application for employment authorization on Form I765. If you do not get a decision even on the new I765 application within 90 days, you will then be entitled to another interim work authorization card.

There is no filing fee for Form I765 when filed concurrently with Form I-485, Application for adjustment of status. It is recommended to file Form I765, Application for Employment Authorization and Form I-485, Adjustment of status application together which enables you to work while your Green Card application is pending and also facilitates easy processing of the application.

You can check the status of your Form I765 online. If your application for employment authorization on Form I765 is denied, you will be send a letter from USCIS stating why your application was rejected. You are allowed to request the USCIS officers to reconsider your case.

Form I765 is used even for renewal of EAD, replacement of EAD and interim EAD. If you filed your adjustment of status application on or after July 30, 2007 and have paid the application fee for Form I-485, you are not required to pay any fee while requesting for employment authorization on Form I765. If you file Form I765 separately, then you should submit a copy of Form I-797C as an evidence of filing Form I-485, application for adjustment of status.


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