Showing posts with label Form I-765. Show all posts
Showing posts with label Form I-765. Show all posts

Friday, November 5, 2010

Employment Authorization Form I-765

Non US citizens who wish to work in the US should get authorization to work in the US. They can get authorization by filing the I-765 form which is the authorization for their employment. Though belonging to different national origin, aliens can work after the form I-765 is approved.

I 765 Application for Employment Authorization Document:

I-765 form or the Application for Employment Authorization Document is used by certain aliens to apply for an Employment Authorization Document. A valid Employment Authorization Document is issued in the form of plastic card which resembles a credit card. The information on the EAD card is all about the personal details of the alien who has applied like the name, sex, birth date, country of birth, alien registration number, recent photos, etc. So any foreign national with a valid EAD can work for an employer in the US.

Individuals can file I-765 form or Application for Employment Authorization by mail with the USCIS Regional Service Center closest to where they live. It can also be filed electronically. Each applicant should file a separate application, with the relevant fees and documents.

EAD can be applied for by certain foreign nationals like,

-one who has filed for a green card or Adjustment of status
-Spouses of L and E visa holders and spouses and children of J visa holders.
-Spouses and children of foreign government officials
-F1 and M1 students of certain categories
-B1 non immigrant employees of US citizens and foreign airlines.
-Foreign nationals of refugee and asylum status.
-Foreign nationals of V non immigrant status and who are under the temporary protected status.

The EADs issued by the USCIS are for different categories, like

*Renewal EAD- This is the EAD which is issued for the EAD that has expired and will be issued only under the same category.

*Replacement EAD- This is issued for the previously issued EAD that has been stolen, lost, damaged, or having erroneous information like mis spelled name etc.

*Interim EAD- This EAD is requested by the foreign employee, if his EAD has not been approved or denied within 90 days and it is 30 days for an asylum applicant.

Further, in case an individual has filed form I -485 application, which is the application to register Permanent Residence or Adjustment of status, on July 30, 2007 or after and paid for it as well, there is no necessity of a filing fee for I-765. Also the I 765 can be filed concurrently with the I-485 or filed separately at a later stage. In case of filing the I-765 form separately, then a copy of the I 797C,Notice of action should be submitted to show that the I 485 application has been filed.

The employment authorization document is a mere work permit and authorizes one to work in the US. Depending on the category, one has to file the I-765 form and take the advantage and right of working in the US, which is a dream for many of the foreign nationals.

Source: http://ezinearticles.com/?Employment-Authorization-Form-I-765&id=5288238

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.