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Work Authorization and Renewal

Work Authorization and Renewal

U.S. employers must check to make sure all employees are allowed to work in the United States regardless of citizenship or national origin. Having an Employment Authorization Document is one way to prove that you are allowed to work in the United States for a specific time. To request an EAD, you have file the form I-765: Application for Employment Authorization.

You will need to apply for an EAD if you:

  • Are authorized to work in the United States because of your immigration status (for example, you are an asylee, refugee, or U nonimmigrant) and need evidence of that employment authorization, or
  • Are required to apply for permission to work. In other terms, you need to request employment authorization itself. For example:
  • You have pending Form I-485, Application to Register Permanent Residence or Adjust Status.
  • You have a pending Form I-589, Application for Asylum and Withholding of Removal.
  • You have a nonimmigrant status that allows you to be in the United States but does not allow you to work in the United States without first seeking permission from USCIS (such as n F-1 or M-1 student).

You do not need to apply for an EAD if you are a lawful permanent resident, and your Green Card or Permanent Resident Card is evidence of your employment authorization. You also do not need to apply for an EAD if you have a nonimmigrant visa that authorizes you to work for a specific employer (for example, you have an H-1B, L-1B, O, or P visa).

If you are still eligible for employment authorization but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee unless a fee waiver is requested and approved. Generally, you should not file for a renewal EAD more than 180 days before your original EAD expires.

Some of the barriers to Work Authorization and Renewal are:

  1. Lack of recognition for foreign credentials- Immigrants face obstacles gaining recognition for foreign education and training.
  2. Lack of knowledge about training- Immigrant professionals, often lack information about the requirements to re-enter their careers in the United States.
  3. Skill gaps and costs- Immigrants may have gaps in their training to meet U.S. qualifications and need to upgrade their skills to become competitive.
  4. English Proficiency- Federal- and state-funded English language classes do not offer classes at sufficiently advanced levels for immigrant professionals needing help. Therefore, immigrants have trouble fulfilling English requirements and subsequently applying for an EAD.

Our Immigration Attorneys Are Always Available

Applying for an Employment Authorization Document may not seem difficult if you have a valid visa. However, it is still challenging to qualify for one, especially if you do not possess the requisite education and skills. Our lawyers at Daniel Albert Law Firm are proficient in all aspects of legalities of work authorization and can smoothly guide you. Have a chat with our lawyers and discuss how we can help in your case. Call us at 832-930-3059 to book your consultation or for more information.

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