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How
Do I Get a Work Permit
(Employment Authorization
Document)?
What is an Employment Authorization
Document?
U.S. employers must
check to make sure all employees, regardless of citizenship or
national origin, are allowed to work in the United States. If you
are not a citizen or a lawful permanent resident, you may need to
apply for an Employment Authorization Document (EAD) to prove you
may work in the United States.
INS issues Employment Authorization Documents (EAD) in the following
categories:
ˇ
EAD: This document
proves your are allowed to work in the United States.
ˇ
Renewal EAD: You
should apply for a renewal EAD six months before your original EAD
expires.
ˇ
Replacement EAD: This
document replaces a lost, stolen, or mutilated EAD. A replacement
EAD also replaces an EAD that was issued with incorrect information,
such as a misspelled name.
ˇ
Interim EAD: If INS
does not approve or deny your EAD application within 90 days (within
30 days for an asylum applicant), you may request an interim EAD
document.
Who
is Eligible?
ˇ
The specific
categories that require an
Employment Authorization Document include (but are not limited to)
asylees and asylum seekers; refugees; students seeking particular
types of employment; applicants to adjust to permanent residence
status; people in or applying for temporary protected status;
fiancés of American citizens; and dependents of foreign government
officials. INS Form
I-765 (Application for Employment
Authorization) contains a complete
list of the categories of people who must apply for an Employment
Authorization Document to be able to work in the United States.
ˇ
If you are
a U.S. citizen, you do not need
an Employment Authorization Document.
ˇ
If you are
a lawful permanent resident or a conditional permanent resident, you
do not need an Employment
Authorization Document. Your Alien Registration Card proves that you
may work in the United States.
ˇ
If you are
authorized to work for a specific
employer, such as a foreign government, you do not need an Employment Authorization Document. Your passport and
your INS Form I-94 (Arrival-Departure Record) proves that you may
work in the United States. Please see the Immigration and
Nationalization Act’s 8
CFR 274a.12(b),
which provides a full list of the categories of people who do not
need to apply for an EAD.
How Do I Apply?
You must file an INS
Form I-765
(Application for Employment Authorization) by mail with the INS
Regional Service Center that serves the area where you live. Please
read the entire application carefully and submit the right
documents, photos, and fee.
If
INS does not approve or deny your Employment Authorization Document
application within 90 days (within 30 days for an asylum applicant),
you may request an interim Employment Authorization Document. You
must go to your local INS district
office and bring with you proof of your identity and any
documents that INS has sent you about your employment authorization
application.
How
Can I Check the Status of My Application?
To check the status of your
application, please contact the INS office that received your
application. You should be prepared to provide the INS staff with
specific information about your application.
How
Can I Appeal?
If your application for an Employment Authorization Document is
denied, you will receive a letter that will tell you why the
application was denied. You will not be allowed to appeal a negative
decision to a higher authority. However, you may submit a motion to reopen or a motion
to reconsider with the office that made the unfavorable
decision. By filing these motions, you may ask the office to
reexamine or reconsider their decision. A motion to reopen must
state the new facts that are to be provided in the reopened proceeding and
must be accompanied by affidavits or other documentary evidence. A
motion to reconsider must establish that the decision was based on
an incorrect application of
law or INS policy, and further establish that the decision was
incorrect based on the evidence in the file at the time the decision
was made.
Can
Anyone Help Me?
If advice is needed, you may contact the INS District Office near
your home for a list of community-based, non-profit organizations
that may be able to assist you in applying for an immigration
benefit.
How Do I Apply for Immigrant Status Based on Employment?
How Do I Become a Lawful Permanent Resident While in the United States?
How do I bring my brother/sister to the United States?
How Do I Bring My Children to Live in the United States?
How do I bring my Fiancé(e) to the United States?
How Do I Bring My Parents to Live in the United States?
How Do I File an Affidavit of Support?
How Do I Replace My Permanent Resident Card?
US IMMIGRATION GLOSSARY AND ACRONYMS
Sourced
from the US Department of Justice – Immigration and Naturalization
Service
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