An Employment Authorization Document (EAD) is a document that gives its holder the right to work legally in the United States. This document is also known by other names, such as work permit and Form I-765.
EADs are issued by the U.S. Citizenship and Immigration Services (USCIS). EADs are different from green cards, which are related to the individual’s legal immigration status in the U.S.
EADs are small plastic cards that are similarly sized to credit cards. These cards provide information about the cardholder, such as their:
- Name
- Photograph
- Contact information
- Category of immigration
- Alien registration number
- Expiration date
If someone holds an expired, invalid, or forged EAD, they can face legal consequences. There are three types of employment authorization documents an individual can obtain from the USCIS, including:
- An initial EAD
- For this, an individual will file Form I-765 if they are eligible to work in the U.S.
- A renewal EAD
- This is for individuals who are still eligible for employment authorization but their EAD is expiring soon.
- They will need to file a new Form I-765.
- A replacement EAD
- This can be obtained when an individual’s EAD is lost, stolen, or destroyed.
- They can request a new one by completing a new Form I-765.
The USCIS no longer has to adjudicate EAD applications within 90 days, meaning it is essential for an applicant to file their application as early as possible. Most applications can be filed 180 days before the expiration date of a current EAD card.
It is also important to be aware that the USCIS is no longer required to issue interim EAD cards for applications not adjudicated within 90 days. To find out more about the process of obtaining an EAD card and how long it takes, it can be helpful to have a lawyer consultation.
In Oregon, Who Is Eligible To Receive an Employment Authorization Document?
Only people in certain immigration categories are eligible for EADs. Certain non-resident aliens in the U.S. may be eligible to file a Form I-765 to obtain an EAD.
There are over 40 different immigration categories that allow individuals to file for EADs. It is important to reach out to a lawyer to determine the options that are available with an individual’s current immigration status.
Generally, individuals sponsored by certain United States employers under employment visas, including H visas or L visas, are authorized to work only for that employer while in the U.S. An individual’s work authorization is often specifically linked to their visa category.
This means that these individuals usually do not qualify for an EAD card. Instead, they can apply for a card after they get an immigration status adjustment.
Oregon lawyers can help individuals understand who is eligible for employment authorization documents. If an individual currently has a temporary visa, a lawyer can help explain their options as well.
How Can I Obtain an Employment Authorization Document Card in Oregon?
The process for applying for an EAD work permit starts with filing Form I-765, called the Application for Employment Authorization. This form can be filed by mail or electronically with the USCIS.
As discussed above, there are subcategories of EAD applications that can be applied for depending on the applicant’s background and circumstances. In general, an EAD is temporary, as it is typically only valid for up to one year at a time.
In certain cases, the EAD application is part of the comprehensive employment visa application process. There are three categories of applicants eligible for worker’s permits, such as:
- Category 1: This category includes individuals who have general authorization to work in the United States as a result of their non-immigrant status.
- Category 2: This category includes people who are authorized to work for a specific United States employer as a result of their non-immigrant status.
- Category 3: This category is individuals who are in a specific category that requires filing for an EAD.
The application for employment authorization can be slightly different in each category. It is important to reach out to a lawyer to help find out the exact requirements for an applicant’s situation.
To apply for an EAD, the applicant has to be authorized to work in the U.S. based on their immigration status. If someone is an asylee, refugee, or a non-immigrant, they will have to show evidence of their employment authorization.
In other situations, to apply for an EAD, a person may have to get the employment authorization itself for their job. A person may fall into this category if they have:
- A pending Form I-485, or Application to Register Permanent Residence or Adjust Status
- A pending Form I-589, or Application for Asylum and for Withholding of Removal
- A non-immigrant status that allows them to be in the United States, but needs a work authorization from the USCIS
There may also be other individuals who need an EAD. This can include students who are seeking certain employment or those who are engaged to marry an American citizen.
What if an Application for an Employment Authorization Document Is Denied?
There are numerous reasons why EADs applications may be denied. If an EAD application is denied, an individual can file a motion to reopen their case, or reconsider.
When someone files a motion to reopen, they have to provide new facts and evidence that supports those facts. They must also show that the EAD application denial was based on an incorrect application of immigration policy or law to the facts of the case.
An immigration lawyer can help an individual with their application, any motions to reconsider, and what steps to take following their application denial.
How Long Does It Take To Get an Employment Authorization Card?
Getting an EAD card is not usually a fast process. The USCIS receives a large number of applications, some of which are backlogged.
Additionally, different types of applications can be processed at different speeds. Usually, it takes somewhere between three and six months to process an EAD application.
About half of the EAD applications are processed within three months. Others, however, can take six months or longer to be approved.
It is important to be aware that there is a 48 hour waiting period before the USCIS will process the actual EAD card that is shipped to the applicant. This card is then made within 96 hours. In most situations, the card is shipped to the applicant within 6 business days of their application being approved.
Applicants can file a case status complaint if their EAD application is pending for more than 75 days. If the applicant gets an employment offer, they can request an emergency authorization from their local USCIS office. It is important to be aware that the USCIS is not required to grant emergency requests, as the process is discretionary.
Do I Need a Lawyer in Oregon To Help Me With an Employment Authorization Document?
If you have any questions about obtaining your Employment Authorization Document in Oregon, it is very important to reach out to an Oregon immigration lawyer. The application process can be lengthy and complicated, and having a lawyer will help ensure your application is completed properly and handled as quickly as possible.
If you have any additional issues that arise during the application process or if you have to appear before an immigration board, your lawyer will appear and represent you. They will know the best evidence to present and may be the difference in obtaining your EAD or being denied.
Use LegalMatch’s no fee attorney matching services today to find an immigration lawyer in your area of Oregon who is ready to help. You can choose any language needs you have when submitting your legal question on the website, allowing you to connect with attorneys who fit your specific needs.
