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For immigrants who wish to work in the United States, the Employment Authorization Document (EAD) is issued by U.S. Citizenship and Immigration Services (USCIS) and grants foreign nationals the ability to work legally in the country.
What is the Employment Authorization Document (EAD)?
The Employment Authorization Document, commonly called an EAD, is a permit that allows non-U.S. citizens to work legally in the country. This document is important for immigrants who do not have permanent residency or a visa that allows them to work, providing an alternative for obtaining authorized employment.
Importance of the EAD for working legally in the U.S.
The EAD allows U.S. employers to hire foreign nationals without facing legal consequences. Without this document, those who do not have residency or a work visa run the risk of being employed irregularly. Having an EAD is, therefore, a fundamental requirement for those who wish to enter the labor market safely and in compliance with the law.
Differences between the EAD and other authorization documents
Although the EAD allows you to work in the United States, it differs from other documents such as the Permanent Resident Card (green card) or specific work visas, like the H-1B. Unlike the EAD, the Permanent Resident Card offers a more stable status and does not require such frequent renewals. While visas like the H-1B are granted to work in specialized positions and are limited to specific employers, the EAD grants greater flexibility, allowing you to work in different sectors and for different employers.
Requirements for applying for an EAD document
To obtain an EAD, it is necessary to meet certain requirements and submit the corresponding application to USCIS. There are different forms and steps to follow, which vary depending on each person's immigration situation.
Form I-765: Application for Employment Authorization
The main form for requesting an EAD is Form I-765, known as the Application for Employment Authorization. The applicant must provide personal information and proof of their immigration status that justifies the need for an EAD. USCIS evaluates each application and, if approved, issues the document that authorizes the applicant to work.
Situations that require an EAD
The EAD is needed in various immigration situations, including for people who have applied for asylum, refugees, and those who hold U nonimmigrant status (visas granted to victims of certain crimes). In these cases, the EAD becomes the means that allows these individuals to access employment while residing in the United States legally.
Waiting time and EAD approval
The approval process for an EAD can vary depending on the USCIS workload and the type of application. Generally, the waiting time ranges between three and six months, although it can be extended in specific cases. Therefore, it is recommended that applicants plan their application in advance to avoid unnecessary delays that could affect their entry into the labor market.
Special cases for applying for an EAD in the U.S.
Some groups have the option to apply for an EAD in particular situations, always meeting the requirements established by USCIS.
People in the process of Permanent Residency
People who have filed Form I-485 to apply for Permanent Residency have the right to apply for an EAD while their residency application is being processed.
Asylum Seekers and Withholding of Removal
Individuals who have applied for asylum or are in the process of withholding of removal may apply for an **EAD using Form I-589.** This document is a support measure for those who need to work while the government decides on their case, ensuring they can support themselves financially during the process.
Students with F-1 and M-1 visas
International students in the United States with F-1 and M-1 visas may also apply for an EAD under certain conditions. For example, F-1 visa students can work in fields related to their studies, while M-1 visa students must meet specific requirements for internship employment.
Cases where an EAD document is not needed
Not all foreign nationals need an EAD to work in the United States. There are cases where employment is permitted without the need for this document.
Lawful permanent residents
Lawful permanent residents (Green Card holders) do not require an EAD to work. Their green card grants them the right to live and work in the United States indefinitely, without the need for frequent renewals or additional permits.
Non-immigrants authorized to work for a specific employer
Some visas, such as H-1B, O, and P, allow holders to work in the United States without an EAD, provided they work for the employer that sponsored their visa. These non-immigrants have work authorization that is valid only for the position and company specified in their visa, which limits their job flexibility but meets the legal requirements for employment in the country.
Remember that at Félix, we recommend consulting with an attorney specializing in immigration procedures and rights regarding the different options available to you before making any decisions.
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