Employment Authorization Card: I-765 Form
What is an EAD? Learn the benefits of an employment authorization card, how to file an I-765 form, and what compelling circumstances may grant you an EAD.
Work authorization is a crucial issue for many immigrants in the United States. Without legal permission to work, many immigrants face financial and employment challenges. An Employment Authorization Document (or employment authorization card) can give you temporary permission to work.
Not everyone qualifies for an EAD, so before you move forward with the process, it’s important to discuss your next steps with an immigration attorney. Call Lorenzo Law Group at 305-707-9306 to discuss your next steps.
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What is EAD?
EAD stands for “Employment Authorization Document” and may also be referred to as a work permit, work authorization card, or employment authorization card.
U.S Citizenship and Immigration Services (USCIS) issues employment authorization cards to certain immigrants who are legally permitted to work in the U.S. for a set period of time. It’s not the same as an employment-based green card that grants permanent residency.
The physical employment authorization card is typically issued as Form I-766 after an applicant is approved by USCIS.
What is Work Authorization in the United States?
Work authorization is the legal permission to work in the United States. Employers are legally required to verify that every employee they hire is authorized to work, regardless of their citizenship or immigration history. Without valid work authorization, many immigrants may have limited employment options.
Individuals may be granted an employment authorization card due to their immigration status, while others have to apply for one before they can start working.
Who Qualifies for an Employment Authorization Card?
Many different immigration categories may allow you to request an employment authorization card.
- Certain adjustment of status applicants
- Asylum applicants
- TPS beneficiaries
- Eligible foreign students
- Spouses of nonimmigrant visa holders
It’s also common for someone to need an employment authorization card if they have a pending employment immigration benefit while their application is being processed. Someone applying for a green card via adjustment of status may request an employment authorization card while awaiting a final decision.
VAWA self-petitioners, who are abused spouses of nonimmigrant workers, may also apply for an employment authorization card by filing Form I-765V (Application for Employment Authorization for Abused Nonimmigrant Spouse).
Note that eligibility is specific to your category, and there’s no blanket list of eligibility requirements that applies to every single applicant. That’s why hiring the right immigration attorney will get you on track to obtain an employment authorization card. They will help you determine the proper steps to help you request an employment authorization card based on your eligibility, and minimize delays and denials from USCIS.
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I-765 Form: How to Request an Employment Authorization Card
The I-765 Form, Application for Employment Authorization, is the main document you’ll need to request an employment authorization card. If your employment authorization card is close to expiring, you can use the I-765 form to renew it 180 days before your current one expires. You may also request a replacement if your employment authorization card was lost, stolen, damaged, issued with incorrect information, or never delivered.
Be prepared to provide information on your identity, address, immigration history, eligibility category, previous EADs, and current immigration situation.
You may also need to submit supporting documentation, like a passport, I-94 Arrival/Departure Record, receipt notice, pending application receipt, or other evidence. You can file online to check your case status, review all case correspondence, and upload evidence. However, some applicants may need to apply via mail.
How Long Are The I-765 Processing Times?
Your I-765 processing time widely varies depending on your eligibility category, filing method, biometrics, service center workload, other facts of your immigration case, and if USCIS sends a Request for Evidence. You may check your case processing time to get an approximate timeframe for your employment authorization card.
Compelling Circumstances EAD Requests
A compelling circumstances EAD request is only available to certain applicants who can demonstrate that they are facing circumstances that would justify USCIS using its discretion to grant an EAD. Examples of compelling circumstances for an EAD include:
- You or your dependent are facing a serious illness or disability
- Your employer has retaliated against you
- You have evidence of substantial harm to you or your dependents
- Not receiving an EAD would cause significant disruption to your employer
This is not an exhaustive list. USCIS has full discretion to determine whether or not an individual has proven that they are facing compelling circumstances. Applicants should also be aware that a compelling circumstances EAD may affect nonimmigrant status.
Obtain an Employment Authorization Card with Lorenzo Law Group
The immigration attorneys at Lorenzo Law Group can help you determine whether or not you qualify for an employment authorization card, determine your eligibility category, prepare and submit the I-765 form, and update you on changes in your I-765 processing timeline. It’s especially important to have legal guidance if your employment authorization card is linked to a pending green card, TPS, asylum case, student status, or compelling circumstances.
We know that work authorization issues can impact your income, your family’s financial stability, and overall immigration planning. Our team is ready to delve into your immigration documentation, help you apply for an EAD, and provide guidance as you go through this process. Just contact us online or call us at 305-707-9306.
