If you’re seeking legal authorization to work in the United States, getting an Employment Authorization Document (or EAD) is an important step. You may be applying for the first time, renewing your employment authorization card, or facing delays that threaten your employment. We understand that this process can feel stressful and overwhelming, but we’re here to help. From preparing your I-765 form to tracking I-765 processing time delays, Karlin & Karlin works with you at every step.
Call us at 888-365-1555 to schedule a consultation now.
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What is EAD and What is Work Authorization in the United States?
If you are asking “what is EAD,” it’s an Employment Authorization Document. It simply means proof of legal work authorization issued through USCIS.
An Employment Authorization Document is also referred to informally as a work permit. It’s a card issued by USCIS that proves you are legally permitted to work in the United States for a set period of time.
An EAD is different from a green card. While a green card grants permanent residency, an EAD grants temporary work authorization. It is usually linked to your specific immigration status or a pending application.
Without an employment authorization card, non-citizens may not be unable to work legally in the United States.
Who Can Apply for an Employment Authorization Card?
Work authorization eligibility depends on your immigration status or pending application. Some individuals who may qualify for an EAD include:
- Those applying for adjustment of status
- Asylum applicants with pending cases
- TPS recipients
- DACA recipients
- Spouses of certain categories of visa holders
Each of these categories has its own specific requirements. Choosing the correct eligibility category is crucial if you want to avoid delays and requests for additional information.
I-765 Form: How to Apply for Work Authorization
The process of securing work authorization starts with submitting an I-765 form to USCIS. Form I-765, Application for Employment Authorization, requires your personal identifying information, the reason you are applying, your eligibility, and your last arrival in the United States.
Depending on your situation, you may also have to include supporting documentation. Commonly required documents include copies of immigration records, passport-style photos, prior EADs, and either filing fees or fee waiver requests.
While USCIS generally prefers that forms be submitted online, they do accept forms via mail.
I-765 Processing Time and Delays
I-765 Processing times vary significantly, depending on your eligibility and the current USCIS workload. In general, you should expect this process to take several months at minimum.
Factors that may affect your I-765 processing time include:
- Application accuracy and completeness
- If you have to attend a biometrics appointment
- USCIS backlogs
- Your eligibility category
You may be able to request expedited processing, although this is only granted in certain circumstances. Consider discussing this option with your immigration lawyer if you believe you may qualify.
When your card is approved, it will be mailed to you, and you can begin working once you receive it.
Common Issues With EAD Applications
Inaccuracies or inconsistencies on your I-765 form can cause your application to be denied, to be delayed, or to result in Requests for Evidence. Careful preparation and verifying every part of the form can save you time and effort. By avoiding these mistakes, you can streamline your application process:
- Incomplete application
- Requests for Evidence caused by insufficient information
- Filing under wrong category
- Missed renewal deadlines
- Gaps in employment authorization
- Employer compliance concerns
Renewing or Replacing Your Employment Authorization Card
EADs are only valid for a set period of time, so if you want to continue working, you should renew well in advance to avoid delays caused by the current I-765 processing time. USCIS generally recommends submitting your renewal request no more than six months before your current card expires.
If you need your EAD replaced, you must submit Form I-765, applicable fees, your damaged or mutilated card (if applicable), and a statement explaining what happened to your EAD to the USCIS. If your card was issued with a USCIS error, you may not need to file a new I-765 form or pay a fee.
How Karlin & Karlin Can Help With Your EAD
An experienced immigration lawyer can help you work through the employment authorization card application process, avoid mistakes, and submit a thorough application with all necessary supporting documentation. We assist with I-765 form preparation, reviewing documents, responding to USCIS requests, and handling renewals or replacements.
There’s a lot at stake when you’re seeking work authorization. Make sure you have an immigration attorney who can provide the accuracy and precision you need. Take the first step with confidence by choosing Karlin & Karlin—just call us at 888-365-1555 and talk to an employment authorization card lawyer.
