Employment Authorization Document

A Form I-766 employment authorization document (EAD; [1] or EAD card, understood popularly as a work permit, is a document provided by the United States Citizenship and Immigration Services (USCIS) that provides short-lived employment authorization to noncitizens in the United States.

Currently the Form I-766 Employment Authorization Document is issued in the form of a basic credit card-size plastic card enhanced with several security functions. The card includes some fundamental details about the immigrant: name, birth date, sex, immigrant category, country of birth, picture, immigrant registration number (also called “A-number”), card number, restrictive conditions, and dates of credibility. This file, however, must not be confused with the green card.

Obtaining an EAD

To request an Employment Authorization Document, noncitizens who certify might file Form I-765, Application for Employment Authorization. Applicants must then send the form by means of mail to the USCIS Regional Service Center that serves their area. If authorized, a Work Authorization Document will be released for a particular time period based on alien’s migration circumstance.

Thereafter, USCIS will release Employment Authorization Documents in the following categories:

Renewal Employment Authorization Document: the renewal process takes the same amount of time as a novice application so the noncitizen may have to plan ahead and request the renewal 3 to 4 months before expiration date.
Replacement Employment Authorization Document: Replaces a lost, stolen, or mutilated EAD. A replacement Employment Authorization Document likewise replaces an Employment Authorization Document that was issued with inaccurate info, such as a misspelled name. [1]
For employment-based permit applicants, the priority date requires to be existing to obtain Adjustment of Status (I-485) at which time a Work Authorization Document can be applied for. Typically, it is suggested to get Advance Parole at the same time so that visa marking is not required when returning to US from a foreign nation.

Interim EAD

An interim Employment Authorization Document is a Work Authorization Document released to a qualified candidate when U.S. Citizenship and Immigration Services has actually working to adjudicate an application within 90 days of invoice of an appropriately filed Employment Authorization Document applicationwithin 90 days of invoice of an effectively filed Employment Authorization Document application [citation needed] or within one month of a properly filed initial Employment Authorization Document application based on an asylum application filed on or after January 4, 1995. [1] The interim Employment Authorization Document will be approved for a duration not to go beyond 240 days and goes through the conditions kept in mind on the document.

An interim Employment Authorization Document is no longer released by local service centers. One can nevertheless take an INFOPASS consultation and place a service request at local centers, explicitly asking for it if the application goes beyond 90 days and 30 days for asylum candidates without an adjudication.

Restrictions

The eligibility requirements for employment authorization is detailed in the Federal Regulations area 8 C.F.R. § 274a.12. [2] Only aliens who fall under the enumerated categories are qualified for an employment authorization file. Currently, there are more than 40 kinds of immigration status that make their holders eligible to request an Employment Authorization Document card. [3] Some are nationality-based and use to an extremely small number of people. Others are much broader, such as those covering the partners of E-1, E-2, E-3, or L-1 visa holders.

Qualifying EAD classifications

The category includes the persons who either are given a Work Authorization Document occurrence to their status or need to look for an Employment Authorization Document in order to accept the work. [1]

– Asylee/Refugee, employment their spouses, and their kids
– Citizens or nationals of nations falling in certain categories
– Foreign trainees with active F-1 status who want to pursue – Pre- or Post-Optional Practical Training, either paid or overdue, which need to be directly associated to the trainees’ significant of study
– Optional Practical Training for designated science, technology, engineering, and mathematics degree holders, where the recipient must be employed for paid positions straight related to the beneficiary’s significant of research study, and the company needs to be utilizing E-Verify
– The internship, either paid or overdue, with a licensed International Organization
– The off-campus work throughout the students’ academic development due to considerable financial difficulty, regardless of the students’ significant of study

Persons who do not receive an Employment Authorization Document

The following persons do not certify for an Employment Authorization Document, nor can they accept any work in the United States, unless the event of status may allow.

Visa waived individuals for pleasure
B-2 visitors for enjoyment
Transiting guests through U.S. port-of-entry

The following individuals do not get approved for an Employment Authorization Document, even if they are authorized to operate in particular conditions, according to the U.S. Citizenship and Immigration Service regulations (8 CFR Part 274a). [6] Some statuses may be authorized to work only for a particular company, under the term of ‘alien licensed to work for the particular employer occurrence to the status’, normally who has actually petitioned or sponsored the persons’ work. In this case, unless otherwise stated by the U.S. Department of Homeland Security, no approval from either the U.S. Department of Homeland Security or employment U.S. Citizenship and Immigration Services is needed.

– Temporary non-immigrant workers used by sponsoring companies holding following status: – H (Dependents of H immigrants might qualify if they have actually been approved an extension beyond 6 years or based on an authorized I-140 perm filing).
– I.
L-1 (Dependents of L-1 visa are certified to obtain a Work Authorization Document instantly).
O-1.

– on-campus work, no matter the students’ field of study.
curricular practical training for paid (can be unpaid) alternative study, pre-approved by the school, which should be the essential part of the trainees’ study.

Background: migration control and employment policies

Undocumented immigrants have been considered a source of low-wage labor, both in the official and casual sectors of the economy. However, in the late 1980s with an increasing increase of un-regulated immigration, lots of anxious about how this would impact the economy and, at the very same time, citizens. Consequently, in 1986, Congress enacted the Immigration Reform and Control Act “in order to control and discourage unlawful immigration to the United States” resulting increasing patrolling of U.S. borders. [7] Additionally, the Immigration Reform and Control Act implemented new employment guidelines that enforced company sanctions, criminal and civil charges “versus companies who purposefully [hired] illegal employees”. [8] Prior to this reform, companies were not needed to validate the identity and work permission of their employees; for the very very first time, this reform “made it a criminal activity for undocumented immigrants to work” in the United States. [9]

The Employment Eligibility Verification document (I-9) was required to be used by employers to “validate the identity and employment permission of individuals employed for employment in the United States”. [10] While this form is not to be sent unless requested by federal government officials, it is needed that all employers have an I-9 type from each of their workers, which they must be retain for 3 years after day of hire or one year after work is terminated. [11]

I-9 qualifying citizenship or immigration statuses

– A person of the United States.
– A noncitizen national of the United States.
– A legal permanent resident.
– An alien authorized to work – As an “Alien Authorized to Work,” the worker must provide an “A-Number” present in the EAD card, together with the expiration day of the temporary employment authorization. Thus, as established by form I-9, the EAD card is a file which works as both a recognition and verification of work eligibility. [10]

Concurrently, the Immigration Act of 1990 “increased the limits on lawful immigration to the United States,” […] “established brand-new nonimmigrant admission classifications,” and modified acceptable premises for deportation. Most importantly, it brought to light the “authorized short-term protected status” for aliens of designated countries. [7]

Through the revision and production of new classes of nonimmigrants, gotten approved for admission and short-term working status, both IRCA and the Immigration Act of 1990 supplied legislation for the regulation of employment of noncitizen.

The 9/11 attacks brought to the surface the weak element of the immigration system. After the September 11 attacks, the United States magnified its focus on interior support of migration laws to lower prohibited immigration and to determine and get rid of criminal aliens. [12]

Temporary worker: Alien Authorized to Work

Undocumented Immigrants are people in the United States without lawful status. When these people certify for some kind of relief from deportation, people might receive some kind of legal status. In this case, temporarily safeguarded noncitizens are those who are given “the right to stay in the nation and work throughout a designated duration”. Thus, this is type of an “in-between status” that offers people short-lived employment and short-term remedy for deportation, but it does not lead to permanent residency or employment citizenship status. [1] Therefore, a Work Authorization Document must not be confused with a legalization document and it is neither U.S. irreversible citizen status nor U.S. citizenship status. The Employment Authorization Document is given, as discussed in the past, to eligible noncitizens as part of a reform or law that provides individuals temporary legal status

Examples of “Temporarily Protected” noncitizens (eligible for a Work Authorization Document)

Temporary Protected Status (TPS) – Under Temporary Protected Status, individuals are provided relief from deportation as temporary refugees in the United States. Under Temporary Protected Status, individuals are provided safeguarded status if found that “conditions because country posture a threat to individual safety due to continuous armed dispute or an environmental disaster”. This status is given normally for 6 to 18 month periods, eligible for renewal unless the individual’s Temporary Protected Status is terminated by U.S. Citizenship and Immigration Services. If withdrawal of Temporary Protected Status happens, the individual faces exclusion or deportation proceedings. [13]
– Deferred Action for Childhood Arrivals was authorized by President Obama in 2012; it offered qualified undocumented youth “access to remedy for deportation, eco-friendly work permits, and momentary Social Security numbers”. [14]
Deferred Action for Parents of Americans (DAPA): If enacted, Deferred Action for Parents of Americans would provide moms and dads of Americans and Lawful Permanent Residents, protection from deportation and make them qualified for an Employment Authorization Document. [15]

Work authorization

References

^ a b c d “Instructions for I-765, Application for Employment Authorization” (PDF). U.S. Citizenship and Immigration Services. 2015-11-04. Archived from the initial (PDF) on 2017-12-15. Retrieved 2016-03-01.
^ “Classes of aliens authorized to accept work”. Government Printing Office. Retrieved November 17, 2011.
^ “Employment Authorization”. U.S. Citizenship and Immigration Services. Retrieved March 1, 2016.
^ “8 CFR 274a.12: Classes of aliens authorized to accept employment”. by means of Legal Information Institute, Cornell University Law School. Retrieved October 8, 2018.
^ “Employment Authorization Document (EAD) Chart: Proof of Legal Presence”. via Virginia Department of Motor Vehicles. Retrieved October 8, employment 2018.
^ “TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)|USCIS”. www.uscis.gov. Archived from the original on 2010-01-13. Retrieved 2016-03-01.
^ a b “Definition of Terms|Homeland Security”. www.dhs.gov. 2009-07-07. Retrieved 2016-03-01.
^ Ngaio, Mae M. (2004 ). Impossible Subjects: Illegal Aliens and the Making of Modern America. Princeton, NJ: Princeton University Press. p. 266. ISBN 9780691124292.
^ Abrego, Leisy J. (2014 ). Sacrificing Families: Navigating Laws, Labor, and Love Across Borders. Stanford, CA: Stanford University Press. ISBN 9780804790574.
^ a b “Employment Eligibility Verification”. USCIS. Retrieved 2016-03-01.
^ Rojas, Alexander G. (2002 ). “Renewed Focus on the I-9 Employment Verification Program”. Employment Relations Today. 29 (2 ): 9-17. doi:10.1002/ ert.10035. ISSN 1520-6459.
^ Mittelstadt, M.; Speaker, B.; Meissner, D. & Chishti, M. (2011 ). “Through the prism of nationwide security: Major migration policy and program changes in the decade because 9/11″ (PDF). Migration Policy Institute. Retrieved 2016-03-01.
^ ” § Sec. 244.12 Employment permission”. U.S. Citizenship and Immigration Services. Retrieved 2016-03-01.
^ Gonzales, Roberto G.; Terriquez, Veronica; Ruszczyk, Stephen P. (2014 ). “Becoming DACAmented Assessing the Short-Term Benefits of Deferred Action for Childhood Arrivals (DACA)”. American Behavioral Scientist. 58 (14 ): 1852-1872. doi:10.1177/ 0002764214550288. S2CID 143708523.
^ Capps, R., Koball, H., Bachmeier, J. D., Soto, A. G. R., Zong, J., employment & Gelatt, J. (2016 ). “Deferred Action for Unauthorized Immigrant Parents”
External links

I-765, Application for Employment Authorization, U.S. Citizenship and employment Immigration Services.
8 CFR 274a.12 – Classes of aliens licensed to accept employment

v.

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Nationality law in the American Colonies.
Plantation Act 1740.

Naturalization Act 1790/ 1795/ 1798.

Naturalization Law 1802.
Act to Encourage Immigration (1864 ).
Civil Rights Act of 1866.
14th Amendment (1868 ).
Naturalization Act 1870.
Page Act (1875 ).
Immigration Act of 1882.
Chinese Exclusion (1882 ).
Scott Act (1888 ).
Immigration Act of 1891.
Geary Act (1892 ).

Immigration Act 1903.
Naturalization Act 1906.
Gentlemen’s Agreement (1907 ).
Immigration Act 1907.
Immigration Act 1917 (Asian Barred Zone).
Immigration Act 1918.
Emergency Quota Act (1921 ).
Cable Act (1922 ).
Immigration Act 1924.
Tydings-McDuffie Act (1934 ).
Filipino Repatriation Act (1935 ).
Nationality Act of 1940.
Bracero Program (1942-1964).
Magnuson Act (1943 ).
War Brides Act (1945 ).
Alien Fiancées and Fiancés Act (1946 ).
Luce-Celler Act (1946 ).

UN Refugee Convention (1951 ).
Immigration and Nationality Act 1952/ 1965 Section 212( f).
Section 287( g).

American Competitiveness in the 21st Century Act (AC21) (2000 ).
Legal Immigration Family Equity Act (LIFE Act) (2000 ).
H-1B Visa Reform Act (2004 ).
Real ID Act (2005 ).
Secure Fence Act (2006 ).
DACA (2012 ).
DAPA (2014 ).
Executive Order 13769 (2017 ).
Executive Order 13780 (2017 ).
Ending Discriminatory Bans on Entry to The United States (2021 ).
Keeping Families Together (KFT) (2024 ).

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Temporary protected status (TPS).
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Green Card Lottery.
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Department of Homeland Security.
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U.S. Citizenship and Immigration Services.
Immigration and Naturalization Service (INS).
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Office of Refugee Resettlement.

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