Because all U.S. employers are required to make sure employees are allowed to work in the United States, an Employment Authorization Document (EAD) can be used by someone who is not a citizen or lawful permanent resident to prove they may work in the United States. What Types of Employment Authorization Documents Are Available?
There are four different EADs available: - EAD ¿ Proves you are allowed to work in the United States
- Renewal EAD ¿ Replaces an expiring EAD, and should be applied for six months in advance of expiration
- Replacement EAD ¿ Used to replace a lost, stolen, mutilated or inaccurate EAD
- Interim EAD ¿ If you have not been approved or denied an EAD within 90 days of applying, you may request an interim EAD
Who Qualifies for an Employment Authorization Document?
U.S. citizens and lawful permanent residents are not required to obtain a work permit. Those who need an EAD include: - Asylum seekers
- Refugees
- Students seeking particular employment
- Fiancés of American citizens
What if My Application for an Employment Authorization Document Is Denied?
If you are denied an EAD, you are not allowed to appeal the decision to a higher authority. However, you are permitted to submit a motion to reopen or a motion to reconsider with the office that denied you: - Motion to reopen ¿ When filing a motion to reopen you must provide new facts that are accompanied by affidavits or other evidence
- Motion to reconsider ¿ When filing a motion to reconsider you must argue that the decision to deny your EAD was based on an incorrect application of the law or immigration policy to the facts of your case
Do I Need a Lawyer?
An attorney familiar with immigration laws and regulations can determine if you are eligible to apply for an EAD permit, or a visa that would permit you to gain employment in the United States. An immigration lawyer can help prepare your application. If you are denied an EAD, an immigration attorney can review your denial letter and determine if you should file a motion to reopen or reconsider. |
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