The Employment Authorization Document
Possession of an Employment Authorization Document (EAD) also known as a work permit allows a foreign national to work in the United States legally. Employers are bound by law to verify the identity and work authorization of their employees and the EAD is the best evidence of such requirement.
An EAD is obtained through filing Form I-765, Application for Employment Authorization and the basis of eligibility application varies. Some examples are: if you have a pending greencard application via either a family-based or employer-based adjustment of status, or if you are applying as a refugee or an asylee, a U visa or before you can work under a student (F or M) visa, VAWA self-petitioners, DACA applicants, TPS recipients, and other categories.
The fee ranges from $410 to $495 depending on your eligibility category and if you qualify, you could have the whole fee waived. Where to file your EAD application depends on the basis of your application. Once the application is approved, the EAD is an actual card which, for greencard applicants, also serves as their advance parole document.
Oftentimes, the EAD is approved and issued ahead of the greencard. This gives the greencard applicants the opportunity to apply for a social security number. Once a social security number is issued by the Social Security Administration, they can then find work, open bank accounts and line of credit. These activities are very important especially for marriage-based adjustment of status in order to show that a couple has joint bank accounts, lease, joint ownership of properties, insurance, credit card, and utility bills, etc.
The EAD has a specific time period of validity. It is superseded when the greencard is issued since the latter allows the holder to work as well. If the greencard application is not decided yet and the EAD is close to expiring or has expired, the EAD can be renewed. There is an automatic extension of the EAD for up to 180 days if the renewal application was filed before the current EAD expired and you are under one of the categories eligible for automatic renewal. Among other categories, marriage-based greencard applicants whose applications were filed after July 30, 2007 and have not been decided yet but with expiring EADs do not have to pay the renewal fee.
If your EAD was issued with erroneous information or was stolen, lost, mutilated, or destroyed, you can also request for a replacement.
Either in the initial filing, or renewal or replacement applications, make sure you pay the correct fee and it is addressed to the right office. Be mindful of your EAD's validity as you do not want to have a lapse or gap in your employment authorization. Make photocopies of it and store it in a safe and secure place. Take good care of your EAD as this is one of the vital immigration documents you could have.
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