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Employment Authorization Work Permit / EAD

(U.S. Work Permit Document for Non-Green Card Holders

The Employment Authorization Document is issued by the USCIS. It is a plastic-coated card, which proves an alien has authorization to work in the U.S. for a specific period of time.

A Brief Description of EAD:

If a foreign national has been issued an Employment Authorization Document (EAD or Work Permit), they are authorized to work without having the employer file a petition for non-immigrant worker. This work permit card contains the alien's full name and photograph, as well as the expiration date (ending the limited time permitted to work in the U.S.).

With an EAD/Work Permit, a foreign national can work in the U.S. for any employer legally. it is also possible for an alien to work for a specific U.S. employer with a valid U.S. visa, such as H-1B, L-1, or O-1, is capable of working for a specific employer. An EAD does not give an individual any valid legal status in the United States, as the EAD does not change status or provide a legal basis to live in the U.S.

It is the responsibility of every U.S. employer to be certain that all employees have authorization to work in the U.S. If you are not a U.S. citizen, a lawful permanent resident (“green card” holder), or a conditional resident, you may need to apply for an EAD to prove you can work in the U.S. You will need a green card or proof of your citizenship as confirmation of work authorization in the U.S.

Economic Impact of EAD in a Recession:

Many individuals now have the decision of whether to apply for an EAD or to renew an expiring EAD. We feel the $340 filing fee is money well spent, even for something that may never be used and is not mandatory. The U.S. is expected to be in long period of economic recession. Many EADs have two-year validity periods, given the applicant greater flexibility.

Eligibility for Applying Employment Authorization Document:

The categories of aliens in non-immigrant statuses eligible to receive an EAD include:

• Foreign students in a job directly related to studies with F-1 status seeking Optional Practical Training (OPT).
• Off-campus employment for F-1 students looking for work, owing to severe economic hardship.
• Spouses or minor children of exchange visitors (J-2).
• Applicants of Adjustment of Status can get help to continue employment while the adjustment is pending. After or at the time a foreign national files for a I-485 (AOS application), they may file the EAD application.
• M-1 students seeking practical training after finishing their studies.
• K-1 non-immigrant fiancees of U.S. citizens or K-2 dependents.
• L-2 visa holders.
• Those granted Asylum or Refugee status, or Paroled as a Refugee.
• Aliens who have been granted status under the Family Unity Program.

Please note, H-4 visa holders are NOT eligible to file for EAD until they apply for I-485.

For more information on EAD, consult with Alan Heckler.

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