Are you looking to work in the United States? If so, you may need to apply for an Employment Authorization Document (EAD) using Form I-765. But who is eligible to apply for this crucial document?
Table of Contents
Table of Contents
Are you looking to work in the United States? If so, you may need to apply for an Employment Authorization Document (EAD) using Form I-765. But who is eligible to apply for this crucial document?
Who Can Apply for an EAD?
The following groups are generally eligible to apply for an EAD:
- Asylum seekers
- Refugees
- Spouses of certain visa holders
- Students seeking optional practical training (OPT)
- Individuals waiting for adjustment of status
- Temporary protected status (TPS) recipients
- Foreign nationals with certain types of visas, such as E, H, L, O, P, R, or TN visas
If you are not sure if you qualify, consult with an experienced immigration attorney or visit the official USCIS website for more information.
Can Undocumented Immigrants Apply for an EAD?
Undocumented immigrants are generally not eligible to apply for an EAD. However, there are some exceptions. For example, if you are a victim of domestic violence, you may be able to apply for an EAD under the Violence Against Women Act (VAWA).
Can I Apply for an EAD If My Visa Has Expired?
If your visa has expired, you may still be eligible to apply for an EAD if you are in a certain category, such as those waiting for adjustment of status or TPS recipients. However, if you are not in one of these categories, you may need to leave the US and apply for a new visa before applying for an EAD.
How Do I Apply for an EAD?
If you are eligible to apply for an EAD, you will need to fill out Form I-765 and submit it to USCIS along with the required supporting documents and fees. You can file online or by mail.
How Long Does it Take to Get an EAD?
The processing time for an EAD can vary depending on the category you are in and other factors. Generally, it takes around 3-6 months to get an EAD. However, USCIS may take longer to process your application if they need more information or if there are delays in the system.
Can I Work While Waiting for My EAD?
If you have applied for an EAD and are waiting for it to be approved, you cannot work in the US unless you have another form of work authorization, such as a valid visa or OPT. It is important to follow the rules and not work illegally, as this can have serious consequences for your immigration status.
Conclusion
If you are looking to work in the US, applying for an EAD may be necessary. Make sure you understand the eligibility requirements and the application process before submitting your application. And if you have any questions or concerns, consult with an experienced immigration attorney for guidance.
Q: Can DACA recipients apply for an EAD?
A: DACA recipients already have work authorization, so they do not need to apply for an EAD. However, if their DACA status is expiring soon, they may need to renew their status and get a new EAD.
