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IN SIMPLE TERMS, IT IS A PERMIT GRANTED BY THE UNITED STATES GOVERNMENT, WHICH ALLOWS NON-CITIZENS TO WORK LEGALLY IN THIS COUNTRY. HOWEVER, IT IS ONLY GRANTED TO THOSE WHO ARE ELIGIBLE ACCORDING TO THE VISA THAT ALLOWS THEM TO STAY IN THE COUNTRY.
The process of applying for employment authorization in the United States (also known as an EAD Employment Authorization Document) is relatively simple. First of all, if you are eligible you must fill out the one-page form along with the respective fee, photos, and other documents. The next step is to submit it to US Citizenship and Immigration Services (USCIS).
Contrary to what is commonly believed, employment authorization and work visas are different processes. Applying for a work immigration option in the United States, such as the H-1B visa, requires many more requirements.
Brooklyn Immigration Lawyer, Alice Antonovsky is here to be your ally in the immigration process. Contact our team for more information.
FOR A WORK PERMIT IF:
The official name of this employment authorization is the Employment Authorization Document (EAD). To obtain it, applicants must follow a series of steps that will be mentioned below:
- Download the I-765 application form, which is available on the official website of the USCIS (United States Citizenship and Immigration Services)
- Submit the application by mail, delivering the necessary documents according to the applicant’s eligibility category.
- Pay the fee corresponding to the I-765 form, it costs 410 USD. (Information updated in August 2022)
- Receive notifications from USCIS.
- Go to the biometrics appointment, if the case warrants it
- Receive your application approval, if approved, and obtain your work permit.
If you are eligible and wish to apply for the EAD, it is a requirement to fill out form I-765, attach documentation that demonstrates that your profile meets the conditions and requirements to apply for a work permit, and attach photos and the current established rate. . Please note that you should review the instructions carefully because if you do not complete the form correctly, USCIS could deny your application. Some candidates are not required to pay the above fee. Submit your application to USCIS by mail. You will be able to get an answer only after a few weeks. To verify that the candidate qualifies for an employment authorization, you must attach a photocopy of the document that makes you eligible. For example, if you applied in the asylum category, you must attach a photocopy of the judge’s order or asylum letter. THE OFFICIAL USCIS WEBSITE provides detailed information and steps to follow to determine if you are eligible and what documents you require. Automatic extension period for a work permit in the United States
FOR WORK PERMITS IN THE UNITED STATES?
Department of Homeland Security regulations allow an extension of up to 180 days from the expiration date shown on the EAD. However, the Department of Homeland Security has issued a temporary final rule that increases the grace period. Beginning May 4, 2022, the Department of Homeland Security will temporarily increase and automatically renew the period by 360 days, up to 540 days total, for applicants eligible for renewal.
This temporary increase is available if you are a qualified extension applicant with a pending application filed to renew your Form I-765.
| Categoría de elegibilidad indicada en el Formulario I-765 | Descripción |
|---|---|
| Eligibility category indicated on Form I-765 Description | Description |
| (a)(3) | Refugee |
| (a)(5) | Asylum |
| (a)(7) | N-8 o N-9 |
| (a)(8) | Citizen of Micronesia, Marshall Islands, or Palau |
| (a)(10) | Grant of Postponement of Deportation or Removal |
| (a)(12) | Granting Temporary Protected Status |
| (a)(17) | Spouse of an E nonimmigrant principal with an unexpired I-94 showing E-1 nonimmigrant status (which includes E-1S, E-2S, and E-3S) * |
| (a)(18) | Spouse of a primary L-1 nonimmigrant with an unexpired I-94 showing L-2 nonimmigrant status (which includes L-2S) * |
| (c)(8) | Asylum Application in Process |
| (c)(9) | Adjustment of Status under Section 245 of the Pending Act |
| (c)(10) | Stay of Removal Applications (filed before April 1, 1997) Cancellation of Removal Applicants Cancellation Applicants Under NACARA |
| (c)(16) | Record Creation (Adjustment Based on Continuous Residence since January 1, 1972) |
| (c)(19) | Pending initial application for temporary protected status (TPS) or application to extend TPS and USCIS determines that the applicant is prima facie eligible for TPS and can receive an EAD as a "temporary benefit" |
| (c)(20) | Legalization under Section 210 (I-700 pending) |
| (c)(22) | Legalization under Section 245A (I-687 pending) |
| (c)(24) | Legalization under LIFE |
| (c)(26) | Spouses of some primary H-1B nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status. |
| (c)(31) | VAWA Self-Petitioners |
An employment authorization is also available to those who possess a temporary entitlement of some type in the United States. It is not necessary to have a job offer to apply for a work permit.
We have a team of attorneys who are passionate about immigration issues and are committed to generating the best possible outcome in each case. We offer personalized attention to guarantee privacy and first-class service. We are experts in identifying the most appropriate legal route to guide our clients in the immigration process.
OBTAINING THE SERVICES OF AN IMMIGRATION LAWYER IS BENEFICIAL FOR CANDIDATES AS THEY DO NOT RUN THE RISK OF MAKING UNNECESSARY AND COSTLY MISTAKES AND LACK OF INFORMATION REGARDING APPLICATION PUBLICATION OR EXPIRATION DATES IS AVOIDED. Keep in mind that all people who offer help do not have the best intentions; You may encounter dishonest people. A common red flag is someone offering immediate approval at a price that is too cheap compared to the current market. The best advice is to hire certified professionals with legal training and remember that you can always verify the information received on the official USCIS website.
The term Manner of Entry refers to the visa classification you used to enter the United States for the first time. Please note that you must answer all questions and answer according to the instructions. If you do not speak Spanish or prefer to have the advice of an immigration lawyer in New York, contact our bilingual team and ask any questions you have in mind. Call us at (718) 924-2896.
If the error is due to the USCIS authorities, the applicant will not have to pay the amount again or fill out the corresponding form. Instead, he must write a letter to the agency indicating his problem and explaining the error made.
- Asylum with granted or pending status
- People with approved humanitarian visa
- Refugees, their spouses and children
- Immigrants who are processing Permanent Residence
- Visa students seeking a particular type of employment
- Citizens of certain countries with temporary protected status
- Some foreign officials
- Boyfriends and husbands of US citizens
- People with suspension or removal of deportation
- People with DACA
- People with VAWA
THE WORK PERMIT IN THE UNITED STATES
Alice Antonovsky is an experienced immigration attorney, founder of the Law Offices of Alice Antonovsky who represents her clients in Immigration Court in the New York metropolitan area and surrounding areas. Her approach revolves around providing completely honest legal advice to her clients in order to prepare them for possible outcomes. Alice Antonovsky is recognized for her professional ethics and dedication to guiding her clients down the correct legal path.
Immigration attorney Alice Antonovsky is a member of the Phi Delta Phi Legal Fraternity, the New York State Bar Association, and the American Immigration Lawyers Association. Alice Antonovsky is a graduate of Thomas M. Cooley Law School, where she earned her law degree with distinction in 2005.
