The Employment Authorization Document “EAD” Card
The Employment Authorization Document, also referred to as an “EAD Card” allows individuals who are not citizens or legal permanent residents (Green Card Holders), the ability to work in the United States.
As required under federal law, all U.S Employers must verify their employees ability to work in the United States, which is done so by requiring each employee to fill out the I-9 form.
Thus, if you are not a Green Card Holder or a US Citizen and you would like you work in the United States, you must secure an EAD card in order to avoid unauthorized employment.
Status Requirements for Applying for an EAD Card
USCIS has defined three cateogries of individuals who are eligible for an EAD Card under 8 C.F.R 274a.12. They are as follows:
Category 1: Authorization due to your nonimmigrant status:
- Asylee/Refugee, Paroled in as a Refugee or Asylum Applicant;
- Nationality of certain countries (Micronesia/Marshall Islands);
- Recipients of Temporary Protected Status;
- Spouse of E-1/E-2 Treaty Trader or Investor or E-3 Certain Specialty of Occupation Professional from Australia;
- L-1 Intracompany Transferee;
- K-1/K-3 Nonimmigrant Fiance(e) of U.S Citizen or K-2/K-4 Dependents;
- U Visa Holders.
- Temporary Worker or Trainee (H-1B Visa Holder);
- Intra-Company Transferee (L-1);
- Aliens having extraordinary ability (O-1) and accompanying aliens (O-2.)
*Note individuals in this category do not need to apply for an EAD card as their status already grants them permission to work in the United States.
Category 3: Occupy a category which requires you to file for permission to work:
- Foreign students (F-1 Visa Holders), OPT, Off-Campus Employment;
- J-2 Visa Holders;
- M-1 Student Seeking Practical Training after Completing Studies;
- Foreign Government Officials;
- Spouse of an H-1B Nonimmigrant;
- Deferred Action Recipients;
- Deferred Action for Childhood Arrivals;
- T-1 Nonimmigrant Status;
- VAWA Self-Petitioners.
Application and Eligibility Period
If granted, your EAD will typically be valid up to the length of your authorized stay. For example, if you are an E-2 spouse, who has been granted an E-2 visa for 5 years, your EAD card could be valid for up to those five years. However, US Immigration retains the right to issue EAD Card’s for a shorter period time.
In the event that your EAD Card expires, so long as you remain in authorized status, we can apply for an EAD Card renewal for you. The renewal process will require a similar showing of requirements listed above and an additional filing fee. US Immigration suggests that your renewal application be filed no more than 120 days before your EAD cards expiration.
We Can Help!
Whether your are already in the United States on a valid visa, or looking to come into the United States to work we can help you. We are extremely dedicated to ensure that our clients goals of being able to work in the US, and embarking on a pathway to permanent status are met in as short of a time period as possible. Call today to schedule a free consultation, or fill out the consultation form located on this page.
US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
Tel: 310 496 4292
Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.
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Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.
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