1. 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 U.S. If you are not a U.S. citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove that you are eligible to work in the U.S.
2. What are the categories under which an EAD is issued?
The USCIS issues an Employment Authorization Document in the following categories:
- EAD: This document proves you are allowed to work in the U.S.
- Renewal EAD: You should apply for an EAD renewal four months before your original EAD expires
- 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
- Interim EAD: If the USCIS does not approve or deny your EAD application within 90 days, you may request an interim EAD document
3. Who is eligible to apply for Employment Authorization Document?
The specific categories that require an Employment Authorization Document include but are not limited to:
- Asylees and asylum seekers
- Students seeking particular types of employment
- Applicants to adjust to permanent residence status
- People in or applying for temporary protected status
- Fiances of U.S. citizens
- Dependants of foreign government officials
4. Who is ineligible to apply for Employment Authorization Document?
The specific categories that do not require an Employment Authorization Document include:
- U.S. citizens
- Lawful permanent residents or conditional permanent residents. Your Alien Registration Card proves that you may work in the U.S.
- Foreign government officials authorized to work for a specific employer. Your passport and Form I-94, Arrival/Departure Document proves that you may work in the U.S
5. How do I apply for Employment Authorization Document?
To apply for an EAD you may file Form I-765, Application for Employment Authorization electronically if you are eligible. If you are not eligible for electronic filing, you must file a Form I-765, Application for Employment Authorization, by mail with the USCIS Regional Service Center that serves the area where you live.
6. How do I appeal a denial of my Employment Authorization Document?
If your EAD application 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 USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made
7. Who may appeal a denial of Employment Authorization application?
Only the person that submitted the original application or petition may file the appeal. The petitioner alone has standing to appeal the denial of a visa petition. The person appealing the decision may be represented by an attorney or representative. If the petitioner is represented, the appeal must be accompanied by a properly executed Form G-28, Notice of Entry or Appearance as Attorney or Representative. The
Form G-28 must be signed by both the attorney or representative and the person who filed the original petition or application.