Employment authorization document

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Example EAD cards from 2017 (left) and 2011 (right)

A Form I-766 employment authorization document (EAD; ) or EAD card, known popularly as a work permit , is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.

Contents

Currently the Form I-766 Employment Authorization Document is issued in the form of a standard credit card-size plastic card enhanced with multiple security features. The card contains some basic information about the immigrant: name, birth date, sex, immigrant category, country of birth, photo, immigrant registration number (also called "A-number"), card number, restrictive terms and conditions, and dates of validity. This document, however, should not be confused with the green card.

Obtaining an EAD

A Form I-766, Employment Authorization Document, issued to an applicant for adjustment of status by USCIS in November 2018, and noting at the bottom that the card also serves as a Form I-512 providing for Advance Parole (EAD-AP combo card). USCIS Employment Authorization Document - Advance Parole combination card (2018).jpg
A Form I-766, Employment Authorization Document, issued to an applicant for adjustment of status by USCIS in November 2018, and noting at the bottom that the card also serves as a Form I-512 providing for Advance Parole (EAD-AP combo card).

To request an Employment Authorization Document, noncitizens who qualify may file Form I-765, Application for Employment Authorization. Applicants must then send the form via mail to the USCIS Regional Service Center that serves their area. If approved, an Employment Authorization Document will be issued for a specific period of time based on alien's immigration situation.

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

For employment-based green card applicants, the priority date needs to be current to apply for Adjustment of Status (I-485) at which time an Employment Authorization Document can be applied for. Typically, it is recommended to apply for Advance Parole at the same time so that visa stamping is not required when re-entering US from a foreign country.

Interim EAD

An interim Employment Authorization Document is an Employment Authorization Document issued to an eligible applicant when U.S. Citizenship and Immigration Services has failed to adjudicate an application within 90 days of receipt of a properly filed Employment Authorization Document applicationwithin 90 days of receipt of a properly filed Employment Authorization Document application[ citation needed ] or within 30 days 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 granted for a period not to exceed 240 days and is subject to the conditions noted on the document.

An interim Employment Authorization Document is no longer issued by local service centers. One can however take an INFOPASS appointment and place a service request at local centers, explicitly asking for it if the application exceeds 90 days and 30 days for asylum applicants without an adjudication.

Restrictions

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

Qualifying EAD categories

The category includes the persons who either are given an Employment Authorization Document incident to their status or must apply for an Employment Authorization Document in order to accept the employment. [1]

Employment Authorization Document Categories [4] [5]
Employment Authorization Document
Category		Description
A1 Lawful Permanent Resident
A2Lawful Temporary Resident
A3 Refugee
A4 Paroled Refugee
A5 Asylee (Granted Asylum)
A6 K-1 or K-2 Nonimmigrant
A7N-8 or N-9 Nonimmigrant
A8Citizen of Micronesia, Marshall Islands, or Palau
A9 K-3 or K-4 Nonimmigrant
A12 Temporary Protected Status
A15 V Nonimmigrant
A16 T-1 Nonimmigrant
A17Spouse of an E-1 or E-2 Treaty, Trader, or Investor
A18Spouse of an L-1 Intra-company Transferee
A19 U-1 Nonimmigrant
A20 U-2, U-3, U-4, or U-5 Nonimmigrants
C1Spouse or Dependent of A-1 or A-2 Nonimmigrant
C2Spouse or Dependent of Coordination Council for North American Affairs (E-1)/Taipei Economic and Cultural Representative Office
C3A F-1 Nonimmigrant, Pre-Completion Optional Practical Training
C3B F-1 Nonimmigrant, Post-Completion Optional Practical Training
C3C F-1 Nonimmigrant, 24-month Extension for STEM Students
C4Spouse or Dependent of G-1, G-3, or G-4 Nonimmigrant
C5 J-2 Spouse or Child of J-1 Nonimmigrant
C6 M-1 Nonimmigrant, Practical Training
C7Dependent of NATO-1 through NATO-7 Nonimmigrant
C8Asylum Application Pending filed before January 4, 1995, and applicant is not in exclusion/deportation proceedings
C9Pending Adjustment of Status
C10 Nicaraguan Adjustment and Central American Relief Act Section 203 Applicants who are Eligible to Apply for Relief
C14 Deferred Action
C16Creation of Record (Adjustment Based on Continuous Residence since January 1, 1972)
C17i B-1 Domestic of a Nonimmigrant
C17ii B-1 Domestic of a United States Citizen
C17iii Employee of a Foreign Airline
C19Temporary Treatment Benefits Based on 8 CFR 244.5 (Extension of TPS)
C21 S Nonimmigrant
C23Irish Peace Process (Q-2)
C24 V visa who are Eligible for Family Unity in Accordance with the Legal Immigration Family Equity Act
C25 T Visa Dependent
C33Consideration of Deferred Action for Childhood Arrivals

Persons who do not qualify for an Employment Authorization Document

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

The following persons do not qualify for an Employment Authorization Document, even if they are authorized to work in certain 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 certain employer, under the term of 'alien authorized to work for the specific employer incident to the status', usually who has petitioned or sponsored the persons' employment. 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 U.S. Citizenship and Immigration Services is needed.

Background: immigration control and employment regulations

Undocumented immigrants have been considered a source of low-wage labor, both in the formal and informal sectors of the economy. However, in the late 1980s with an increasing influx of un-regulated immigration, many worried about how this would impact the economy and, at the same time, citizens. Consequently, in 1986, Congress enacted the Immigration Reform and Control Act "in order to control and deter illegal immigration to the United States" resulting increasing patrolling of U.S. borders. [7] Additionally, the Immigration Reform and Control Act implemented new employment regulations that imposed employer sanctions, criminal and civil penalties "against employers who knowingly [hired] illegal workers". [8] Prior to this reform, employers were not required to verify the identity and employment authorization of their employees; for the very first time, this reform "made it a crime 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 "verify the identity and employment authorization of individuals hired for employment in the United States". [10] While this form is not to be submitted unless requested by government officials, it is required that all employers have an I-9 form from each of their employees, which they must be retain for three years after day of hire or one year after employment is terminated. [11]

I-9 qualifying citizenship or immigration statuses

Concurrently, the Immigration Act of 1990 “increased the limits on lawful immigration to the United States," [...] "established new nonimmigrant admission categories," and revised acceptable grounds for deportation. Most importantly, it brought to light the "authorized temporary protected status" for aliens of designated countries. [7]

Through the revision and creation of new classes of nonimmigrants, qualified for admission and temporary working status, both IRCA and the Immigration Act of 1990 provided legislation for the regulation of employment of noncitizen.

The 9/11 attacks brought to the surface the weak aspect of the immigration system. After the September 11 attacks, the United States intensified its focus on interior reinforcement of immigration laws to reduce illegal immigration and to identify and remove criminal aliens. [12]

Temporary worker: Alien Authorized to Work

Undocumented Immigrants are individuals in the United States without lawful status. When these individuals qualify for some form of relief from deportation, individuals may qualify for some form of legal status. In this case, temporarily protected noncitizens are those who are granted "the right to remain in the country and work during a designated period". Thus, this is kind of an "in-between status" that provides individuals temporary employment and temporary relief from deportation, but it does not lead to permanent residency or citizenship status. [1] Therefore, an Employment Authorization Document should not be confused with a legalization document and it is neither U.S. permanent resident status nor U.S. citizenship status. The Employment Authorization Document is given, as mentioned before, to eligible noncitizens as part of a reform or law that gives individuals temporary legal status

Examples of "Temporarily Protected" noncitizens (eligible for an Employment Authorization Document)

See also

Related Research Articles

<span class="mw-page-title-main">Green card</span> Lawful permanent residency in the United States

A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents (LPRs). As of 2023, there are an estimated 12.7 million green card holders, of whom 9 million are eligible to become United States citizens. Approximately 18,700 of them serve in the U.S. Armed Forces.

The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H), that allows U.S. employers to employ foreign workers in specialty occupations. It is the largest visa category in the United States in terms of guest worker numbers. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years, after which the visa holder can reapply. Laws limit the number of H-1B visas that are issued each year. There exist congressionally mandated caps limiting the number of H-1B visas that can be issued each fiscal year, which is 65,000 visas, and an additional 20,000 set aside for those graduating with master’s degrees or higher from a U.S. college or university. An employer must sponsor individuals for the visa. USCIS estimates there are 583,420 foreign nationals on H-1B visas as of September 30, 2019. The number of issued H-1B visas have quadrupled since the first year these visas were issued in 1991. There were 206,002 initial and continuing H-1B visas issued in 2022.

An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months to five years, based on a reciprocity schedule. With extensions, the maximum stay is seven years.

TN status is a special non-immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the United States–Mexico–Canada Agreement that replaced NAFTA in 2020.

<span class="mw-page-title-main">Parole (United States immigration)</span> Official permission to enter and remain temporarily in the U.S.

Parole, in the immigration laws of the United States, generally refers to official permission to enter and remain temporarily in the United States, under the supervision of the U.S. Department of Homeland Security (DHS), without formal admission, and while remaining an applicant for admission.

<span class="mw-page-title-main">Visa policy of the United States</span> Policy on permits required to enter the United States and its unincorporated territories

Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they are citizens of one of the visa-exempt or Visa Waiver Program countries.

<span class="mw-page-title-main">Form I-9</span> United States employment eligibility verification form

Form I-9, officially the Employment Eligibility Verification, is a United States Citizenship and Immigration Services form. Mandated by the Immigration Reform and Control Act of 1986, it is used to verify the identity and legal authorization to work of all paid employees in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States.

An H-4 visa is a United States visa issued to dependent family members of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders to allow them to travel to the United States to accompany or reunite with the principal visa holder. A dependent family member is a spouse or unmarried child under the age of 21. If a dependent of an H-1B, H-1B1, H-2A, H-2B, or H-3 worker is already in the United States, they can apply for H-4 immigration status by filing Form I-539 for change of status with United States Citizenship and Immigration Services (USCIS).

The Security Through Regularized Immigration and a Vibrant Economy Act of 2007 or STRIVE Act of 2007 is proposed United States legislation designed to address the problem of illegal immigration, introduced into the United States House of Representatives. Its supporters claim it would toughen border security, increase enforcement of and criminal penalties for illegal immigration, and establish an employment verification system to identify illegal aliens working in the United States. It would also establish new programs for both illegal aliens and new immigrant workers to achieve legal citizenship. Critics allege that the bill would turn law enforcement agencies into social welfare agencies as it would not allow CBP to detain illegal immigrants that are eligible for Z-visas and would grant amnesty to millions of illegal aliens with very few restrictions.

An L-2 visa is a visa document used to enter the United States by the dependent spouse and unmarried children under 21 years of age of qualified L-1 visa holders. It is a non-immigrant visa, and is only valid for the duration of the spouse's L-1 visa.

Temporary protected status (TPS) is given by the United States government to eligible nationals of designated countries, as determined by the Secretary of Homeland Security, who are present in the United States. In general, the Secretary of Homeland Security may grant temporary protected status to people already present in the United States who are nationals of a country experiencing ongoing armed conflict, an environmental disaster, or any temporary or extraordinary conditions that would prevent the foreign national from returning safely and assimilating into their duty. Temporary protected status allows beneficiaries to live and, in some cases, work in the United States for a limited amount of time. As of March 2022, there are more than 400,000 foreign nationals in Temporary Protected Status.

The U visa is a United States nonimmigrant visa which is set aside for victims of crimes who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so. An advantage that comes along with the acceptance of a U-visa is the individual will have deportation protection which is important when they are collaborating with law enforcement.

Form I-129, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Approval of the form makes the worker eligible to start or continue working at the job if already in the United States. If the worker is not already in the United States, an approved Form I-129 may be used to submit a visa application associated with that status. The form is 36 pages long and the instructions for the form are 29 pages long. It is one of the many USCIS immigration forms.

The United States Citizenship and Immigration Services (USCIS) issues a number of forms for people to submit to them relating to immigrant and non-immigrant visa statuses. These forms begin with the letter "I". None of the forms directly grants a United States visa, but approval of these forms may provide authorization for staying or extending one's stay in the United States as well as authorization for work. Some United States visas require an associated approved USCIS immigration form to be submitted as part of the application.

Form I-539, Application to Extend/Change Nonimmigrant Status is one of the forms issued by the United States Citizenship and Immigration Services. It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status. Both the current status and the status to which the transition is being sought must be non-immigrant visa statuses.

The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000, as title XI of Pub. L. 106–553 (text)(PDF).

<span class="mw-page-title-main">Form I-140</span> I-140, Immigrant Petition for Alien Worker

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<span class="mw-page-title-main">Systematic Alien Verification for Entitlements</span> Program managed by the U.S. Department of Homeland Security

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References

  1. 1 2 3 4 "Instructions for I-765, Application for Employment Authorization" (PDF). U.S. Citizenship and Immigration Services. 2015-11-04. Archived from the original (PDF) on 2017-12-15. Retrieved 2016-03-01.
  2. ↑ "Classes of aliens authorized to accept employment". Government Printing Office . Retrieved November 17, 2011.
  3. ↑ "Employment Authorization". U.S. Citizenship and Immigration Services. Retrieved March 1, 2016.
  4. ↑ "8 CFR 274a.12: Classes of aliens authorized to accept employment". via Legal Information Institute, Cornell University Law School. Retrieved October 8, 2018.
  5. ↑ "Employment Authorization Document (EAD) Chart: Proof of Legal Presence". via Virginia Department of Motor Vehicles. Retrieved October 8, 2018.
  6. ↑ "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.
  7. 1 2 "Definition of Terms | Homeland Security". www.dhs.gov. 2009-07-07. Retrieved 2016-03-01.
  8. ↑ Ngaio, Mae M. (2004). Impossible Subjects: Illegal Aliens and the Making of Modern America. Princeton, NJ: Princeton University Press. p. 266. ISBN   9780691124292.
  9. ↑ Abrego, Leisy J. (2014). Sacrificing Families: Navigating Laws, Labor, and Love Across Borders. Stanford, CA: Stanford University Press. ISBN   9780804790574.
  10. 1 2 "Employment Eligibility Verification". USCIS. Retrieved 2016-03-01.
  11. ↑ 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.
  12. ↑ Mittelstadt, M.; Speaker, B.; Meissner, D. & Chishti, M. (2011). "Through the prism of national security: Major immigration policy and program changes in the decade since 9/11" (PDF). Migration Policy Institute. Retrieved 2016-03-01.
  13. ↑ "§ Sec. 244.12 Employment authorization". U.S. Citizenship and Immigration Services. Retrieved 2016-03-01.
  14. ↑ 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.
  15. ↑ Capps, R., Koball, H., Bachmeier, J. D., Soto, A. G. R., Zong, J., & Gelatt, J. (2016). "Deferred Action for Unauthorized Immigrant Parents"
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