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--------- Employment Authorization Document: Get It Right

May 2, 2024

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Are you a traveler enchanted by the U.S. and thinking about extending your visit to seek employment? Successfully navigating the process to obtain an Employment Authorization Document (EAD) is crucial. This guide offers clear, step-by-step advice to ensure your application is successful, allowing you to comply fully with U.S. immigration laws.

Who Needs an EAD?

An EAD is required for non-citizens who wish to work in the U.S. This includes travelers who may be in the U.S. for study, research, or cultural exchange, as well as spouses of skilled workers or individuals awaiting adjustment of their immigration status. Determining whether you fall into one of these eligible categories is the essential first step toward lawful employment in the U.S.

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Overview of the Application Process

The process of applying for an Employment Authorization Document (EAD) is a critical step for non-citizens who wish to work in the United States. Here's an overview of how to navigate the application process effectively.

Step 1: Determine Your Eligibility

Before you begin the application process, confirm that you belong to one of the USCIS-designated categories eligible for an EAD. These categories include, but are not limited to, asylum seekers, refugees, students on Optional Practical Training (OPT), and spouses of certain visa holders.

Step 2: Gather Necessary Documentation

Collect all required documents that support your application. This typically includes:

  • Proof of your identity: Passport or national ID card with a photo.
  • Proof of your current immigration status: Such as a copy of your visa, I-94 Arrival/Departure Record, or Notice of Action (Form I-797).
  • Two passport-style photographs: Recently taken within the last 30 days.

Step 3: Complete Form I-765

Fill out Form I-765, Application for Employment Authorization, carefully and accurately. This form asks for personal details, contact information, eligibility category, and other necessary information. Misinformation or incomplete fields can delay processing or lead to denial of the application.

Step 4: Pay the Application Fee

As of the current guidelines, the fee for most EAD applications is $410. Verify the latest fee on the USCIS website since fees can change. Depending on your situation, you may also need to pay an $85 biometrics fee.

Step 5: Submit Your Application

Compile your completed Form I-765, all supporting documents, and payment of your fees. You can submit your application package either online through the USCIS website or by mail to the appropriate filing address listed on the USCIS website. Make sure to keep a copy of your entire application for your records.

Step 6: Attend Biometrics Appointment, if Required

If your application category requires biometric data, you will receive an appointment notice to visit a USCIS Application Support Center (ASC). At this appointment, you will provide fingerprints, a photograph, and/or a signature to verify your identity.

Step 7: Track Your Application

After submitting your application, you can track its status online using the receipt number provided by USCIS. This allows you to stay updated on the progress of your application and respond quickly to any additional information requests from USCIS.

Step 8: Receive Your EAD

Once your application is approved, you will receive your EAD by mail. Carefully check the details on the EAD to ensure there are no errors. If you find any discrepancies, contact USCIS immediately to have them corrected.

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Completing Form I-765 Accurately

Accuracy in filling out Form I-765 is critical. Errors can lead to delays or denials, adversely affecting your travel plans and employment opportunities. Pay careful attention to your details, dates, and eligibility category. Consider consulting an immigration expert to review your form before submission to ensure everything is in order.


After Submission: What to Expect

After submitting your application, monitor its status via the USCIS online portal. Be prepared to respond promptly to any USCIS requests for additional information or corrections—this is common and can be managed smoothly with immediate attention.


Renewing and Maintaining Your EAD

Most EADs are valid for one year. To avoid any lapse in your authorization to work, start the renewal process at least 90 days before your current EAD expires. This is particularly important for travelers who decide to extend their employment in the U.S.


Rights and Limitations with an EAD

While an EAD allows you to work legally in the U.S., it does not provide travel benefits or change your immigration status. You must maintain your nonimmigrant status and adhere to its conditions, including abiding by the terms of your visa and not overstaying your permitted time in the U.S.


Leveraging Your EAD for Long-Term Goals

For travelers who wish to stay longer in the U.S., an EAD can be a crucial step toward more permanent immigration statuses, such as obtaining a Green Card. Understanding this pathway can help you strategically plan your journey from a temporary worker to a permanent resident.

For travelers exploring employment opportunities in the U.S., navigating the EAD application process is essential. For comprehensive support and expert guidance, consider partnering with GovAssist. They provide meticulous assistance with your application details, ensuring a smooth transition from traveler to employed resident in the U.S.


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Welcome to the GovAssist blog. We know that navigating the maze of visa applications and online forms can be as tricky as choosing the perfect travel playlist (which is all we want you worrying about anyway). 

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