Employment Authorization Document

Learn About Employment Authorization Document (EAD) Requirements And Eligibility

Introduction

If you are not a citizen or a lawful permanent resident, you need to apply for an Employment Authorization Document (EAD) to prove you may work in the U.S.

VisaPro’s experienced immigration attorneys will prepare and file all the required documents for foreign nationals applying for the Employment Authorization Document.

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Employment Authorization Document Eligibility – It Is Suitable For:

  • Foreign nationals who have filed an application for adjustment of status to lawful permanent resident (Green Card)
  • Spouse of E and L visa holders
  • Spouse and children of J visa holders
  • F1 students seeking optional practical training in an occupation directly related to their area of studies
  • M1 student seeking employment for practical training following completion of studies
  • F1 students offered off-campus employment under the sponsorship of a qualifying international organization
  • F1, M1 and J1 students seeking off-campus employment because of severe economic hardship
  • Spouse and children of foreign government diplomats, officials, and NATO personnel
  • K1 fiances or fiancees of U.S. citizens, or K2 dependents
  • Personal or domestic servants of employers who enter U.S. as nonimmigrant under B, E, F, H, I, J or L visa
  • B1 nonimmigrant domestic servants of U.S. citizens
  • B1 nonimmigrant employees of foreign airlines
  • Foreign nationals granted status under the Family Unity Program
  • Foreign nationals who have been granted asylum in the U.S.
  • Foreign nationals who have filed a complete application for asylum or withholding of deportation or removal
  • Foreign nationals in refugee status
  • Foreign nationals paroled as refugees
  • Foreign nationals under temporary protected status
  • Citizens of Micronesia or the Marshall Islands or Palau admitted to the U.S. as a citizen of the Micronesia or of the Marshall Islands
  • Foreign nationals who have applied for suspension of deportation
  • Foreign nationals who were paroled into the U.S. for emergent reasons or reasons strictly in the public interest
  • Deportable foreign nationals, granted voluntary departure, with an evidence establishing economic necessity to work
  • Foreign nationals on V nonimmigrant status
  • Foreign nationals admitted as a parent (N8) or dependent child (N9) of an alien granted permanent residence
  • Foreign nationals on T2, T3, T4 nonimmigrant status

Employment Authorization Document Benefits

  1. You may work in any capacity for any employer, unlike work related nonimmigrant visas such as H1B or L1 which are restricted to working for the petitioner

Employment Authorization Document Requirements

To be eligible to apply for an EAD, you must be:

  1. An application for adjustment of status to permanent resident
  2. A spouse of an E1 treaty trader, E2 treaty investor or L1 intra-company transferee
  3. A spouse or a child of a J1 exchange visitor
  4. An F1 student seeking practical training directly related to the area of studies
  5. An M1 student seeking employment for practical training following completion of studies
  6. An F1 student seeking off-campus employment because of severe economic hardships
  7. A spouse or child of a foreign government diplomat, official, and NATO personnel
  8. A K1 fiance or fiancée of an American citizen
  9. A dependent of foreign government officials in A1, A2, G1, G2, G3 or G4 status
  10. A foreign national who has status under the Family Unity Program
  11. A foreign national who is granted asylum in the U.S.
  12. A foreign national who is in refugee status or was paroled as a refugee
  13. A foreign national under temporary protected status
  14. A citizen of Micronesia, Marshall Islands or Palau
  15. An applicant for suspension of deportation
  16. A V nonimmigrant
  17. An N8 parent of special immigrant on SN3 Immigrant Visa
  18. A foreign national in T2, T3, T4 nonimmigrant status

Employment Authorization Document Notes

  • Foreign nationals in the U.S. may apply for a nonimmigrant visa at a U.S. consular post in a third country such as Canada or Mexico.
  • To change the purpose of your visit while you are in the U.S., you must change your visa status.
  • You should apply for an Employment Authorization Document (EAD) renewal six months before your original EAD expires.
  • You may replace a lost, stolen, mutilated EAD or an EAD that was issued with incorrect information, such as a misspelled name.
  • If the USCIS 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.

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