Thursday, October 21, 2010

When Should An Employment Authorization Form Be Submitted?



Employment authorization in simple terms is called the 'Work Permit'. Authorization for employment is a serious process and should be followed per the US government criteria. Regardless of the national origin or citizenship, individuals working in the US should be authorized to work in the US. Non immigrants in US, who are on a temporary stay in the US and are eligible to apply for authorized employment and can file the form I 765, which is the employment authorization form.

I 765 Application for Employment Authorization Document.

An EAD is basically a document which proves that an individual is authorized to work in the US. In case of lawful permanent residents it is not necessary to file the form as the the green card itself is an authorization to work. There are different categories through which an individual applies for the employment authorization form. Depending on the category and the requirements, one has to file the form I 765. A few of the categories that can file the form I 765 are listed below:

*Non immigrants who have filed for lawful permanent residents or application of adjustment of status.

*F1 students seeking OPT in an occupation directly related to studies

*Spouses of E and L visa holders

*M1 students seeking Practical Training after completing studies

*Employment- Based Non-immigrant Categories:

-B-1 Non-immigrant who is the personal or Domestic Servant of a Non-immigrant employee

-B-1 Non-immigrant Domestic Servant of a U.S. Citizen

*Family- Based Non-immigrant Categories:

-K-1 Non-immigrant fiancé(e) of U.S.Citizen

-V-1 Non-immigrant

*People in refugee status and paroled as refugee

*People under temporary protected status or applying for it.

*Individuals who are dependents of foreign government officials

Types of Employment authorization form:

There are four types of EADs and the employers must recognize the available types and authorize the individual per the requirement.

  • Regular EAD or Initial EAD:This is the document that proves that the individual is authorized to work in the US

  • Renewal EAD: This EAD proves that the foreign employee has renewed work authorization under the same category through which he/she has initially purchased. It is important to file Form I-765 at least 90 days before the original EAD expires.

  • Replacement EAD: This document is applied in cases where the original EAD is lost, stolen, or mutilated or the original EAD contained incorrect information, such as a misspelled name or name change .Individuals applying for replacement documents can present the receipt for the Form I-765 as evidence of employment eligibility .

  • Interim EAD: If the USCIS does not approve or deny a foreign employee's EAD application within 90 days (within 30 days for an asylum applicant), the employee may request an interim EAD document which allow her to work for a limited period of time.

Not many know the fact that a work permit or an employment authorization document is very essential for an individual who aspires to work in the US. If the individual is eligible for the employment authorization form then he/she can get the assistance from the employer to help in submitting the form I 765 or the employment authorization form.

1 comment:

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