US Employment Authorization

U.S. employers must check to ensure that every employee is allowed to work in the United States regardless of their nationality or citizenship. The possession of an Employment Authorization Document (Form I-766/EAD) is one method to show that you're legally authorized to work in the United States for a specific period. To request an EAD, it is necessary to submit Form I-765 Request to Employer Authorization. You must apply for EAD. If you are:

• Are you able for work authorization legally in your United States because of your Status as an immigrant or other situation (for instance, you're an orphan, refugee, and U nonimmigrant) and require proof of this authorization to work, or
• You are required to submit a request for authorization to work. In the sense that you must apply for employment authorization yourself. Examples:
• You are awaiting form I-485 Application to Apply for Permanent Residence or Adjust Status.
• You are awaiting FORMULA I-589 Application for Asylum and Refusal of Removal.
• You are granted a nonimmigrant visa which allows you to live legally resident in the United States but does not permit workers to enter the United States without first seeking permission from USCIS (such as A-1, F-1, or M-1 Student).

There is no need to be a candidate for an EAD when you are a legal permanent resident. The Green Card (Form I-551 Permanent Resident Cards) is proof of your authorization to work. It is also not necessary to obtain an EAD when you hold an immigrant visa that allows the employment of a particular employer (for instance, you hold an H-1B or L-1B visa, O or P Visa).

What is an Employment Authorization Document?

An Employment Authorization Document (EAD) can be known as a worker's permit -or, more specifically, the Form I-766. This document can prove you're eligible to work legally in the United States. People who have been granted a green card and are currently within the United States may obtain an EAD to allow them to work while the application is in process. In addition, K-1 spouses, fiancé visa holders of H-1B employees, and students with F-1 student visas can all be eligible for the work permit in specific circumstances.

If your Form I-766 is tied to your green card application, you may apply for any legally-approved job in the "open market," -- which means your work permit won't be a binding contract with a specific employer, unlike an H-1B.

All EAD applicants are required to complete Form I-765. However, the type of evidence needed will differ depending on the situation. If, for instance, your situation is that you're, for instance, an A-1 or F-1 student seeking work outside of campus due to financial issues, then you'll need to provide documents such as:

• Documentation proving that the F-1 visa you've received during the full academic year
• The evidence that your job will not affect your studies
• Documents to prove that you've completed your complete course load
• Employment is a way to overcome "severe economic hardship."

These are only the most common examples that apply to "F-1 Students Seeking Off-Campus Employment Due to Severe Economic Hardship." Various subcategories apply to F-1 students and a variety of broad categories, each with specific requirements. In general, everyone who files Form I-765 should attach the following documents to the form:

• Photocopy of passport, specifically the page that contains your photo
• Two 2-x2-sized passport-style images
• I-94 travel record
• Other work permits, if applicable.
• A copy of your U.S. visa, which is located in your passport

It may be necessary to provide evidence that your green card application is in the process if you seek an EAD after submitting Form I-485. Alternately, you could complete Form I-765 in conjunction when you submit your green card.