Everything You Need to Know About Obtaining an Non- Immigrant EAD

The Employment Authorization Document (EAD) is a crucial document for individuals seeking legal employment in the United States. It functions as a general work permit, allowing its holder to work for the duration specified on the card. Issued by the U.S. Citizenship and Immigration Services (USCIS), the EAD is essential for various non-citizens who require formal permission to work in the U.S.

Who Needs an EAD?

1. Derivative Visa Holders:

• Spouses of E, L, or J Visa Holders: Family members accompanying individuals on E-1, E-2, L-2, J-2, H-4, or F-2 visas often need an EAD. This document is required to work in the U.S. and must be obtained as part of their visa application process.
• H-4 Spouses: Spouses of H-1B visa holders also need an EAD to work legally.

2. Asylum Seekers:

• Pending Asylum Applications: Individuals who have applied for asylum and whose applications are still pending can apply for an EAD. This allows them to work while waiting for their asylum status to be determined.

EAD Details and Features:

1. Appearance: The EAD is a credit card-sized document featuring several security and identification elements. It displays essential personal information such as the holder’s name, date of birth, country of birth, and a passport-style photograph.
2. Security Features: To prevent counterfeiting, the EAD includes security features like a hologram and a distinctive graphic of a bald eagle, making it resistant to forgery.

Benefits of the EAD:

Once issued, the EAD provides holders with unrestricted access to the U.S. job market. This allows them to seek employment across various sectors, making it a critical document for those on derivative visas or pending asylum seekers who wish to contribute economically during their stay in the U.S.

Eligibility for the EAD:

To be eligible for an EAD, individuals must meet specific criteria based on their visa status or other factors:

1. Derivative Family Members:

Family members of E, L, or J visa holders, and spouses of H-1B visa holders (H-4), can apply for an EAD to work in the U.S. while accompanying the primary visa holder.

2. Foreign Students:

F-1 Visa Holders: Foreign students with F-1 visas may apply for an EAD under specific conditions, such as participating in Optional Practical Training (OPT) or Curricular Practical Training (CPT), which are part of their educational program.

3. Asylum Seekers and Refugees:

Asylum Seekers: Individuals with a pending asylum application can apply for an EAD to work while their asylum claim is being processed.

Refugees: Individuals granted refugee status are also eligible to apply for an EAD.

Important Notice for Asylum Seekers:

1. Application Process: Asylum seekers can now apply for an EAD while their asylum application is pending, enabling them to work legally during this period.

2. Fees: Asylum seekers are exempt from paying fees when applying for an EAD.

3. Online Application: Asylum seekers can submit their EAD applications online, making the process more accessible and convenient.

Who Does Not Need to Apply for an EAD?

Certain individuals are exempt from applying for an EAD due to their existing employment authorization:

1. Lawful Permanent Residents:

Green Card Holders: Lawful permanent residents (Green Card holders) do not need an EAD. Their Green Card (Form I-551) serves as proof of employment authorization.

2. Non-immigrant Visa Holders with Specific Work Authorization:

Work-Specific Visas: If you hold a nonimmigrant visa that authorizes you to work for a specific employer (such as H-1B, L-1B, O, or P visas), you do not need to apply for an EAD as these visas already include work authorization.

How to Apply for an EAD?

To apply for an EAD, follow these steps:

1. Complete Form I-765: Fill out Form I-765, Application for Employment Authorization, available for free on the USCIS website.

2. Prepare Supporting Documents: Attach all necessary documents that prove your eligibility for an EAD.

3. Include Fee Receipts: Attach receipts showing payment of the filing fee and any additional fees.

4. Submit Your Application: Mail the completed form and supporting documents to the appropriate USCIS Regional Service Center or Lockbox.

5. Pay the Filing Fee: The standard filing fee for an EAD is $410. An additional $85 fee for biometrics may apply, totaling $495.

Important Information:

1. Submission: Ensure that you submit your application to the correct USCIS address to avoid delays. Mail it to a USCIS Regional Service Center or Lockbox.

2. Receiving Your EAD: Once your application is approved, you can either collect your EAD at a local USCIS office or have it mailed to your address.

3. Additional Requests: USCIS may request additional information or schedule an interview as part of the application process.

Required Documents

When applying for an EAD, you will need to provide:

1. Form I-765: The completed application form.

2. Passport Copy: A copy of your current passport.

3. Form I-94: A copy of your Arrival-Departure Document.

4. Previous EAD Card: If applicable, include a copy of any prior EAD card.

5. For F-1 or M-1 Status: Include your I-20 forms with practical training recommendations and Form I-538.

6. For J-2 Status: Provide proof of marriage, your J-1 spouse’s DS-2019, Form I-94, and a statement of financial independence.

7. For E-1 or E-2 Spouses: Submit evidence of lawful status and proof of your spousal relationship.

8. For H-4 Visas: Include Form I-140 approval related to the H-1B visa holder.

Conclusion:

 If you choose to apply through Documitra, our dedicated team is here to make the process as smooth as possible. We offer comprehensive support with document preparation and ensure that every requirement is met, so you can focus on your next steps without any stress.