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The Employment Authorization Document is a card that demonstrates that a foreigner has authorization to work in the United States. Therefore, if you are not American and are looking for legal employment in that country, it is important that you have knowledge about the necessary process to obtain the Employment Authorization Document (EAD). For non-American citizens, having the EAD is indispensable to work legally in the United States. In this note from Depor, we will provide you with information about who is eligible, how to start the procedure, and if you can work while waiting for the approval of your work permit in the United States.
Who can apply for the EAD?
- If you have immigrant status or find yourself in specific circumstances, such as being an asylee, refugee, or having a Nonimmigrant U visa, you are allowed to work in the United States. However, it is necessary that you can demonstrate your work authorization.
- You need to apply for a work permit or, in other words, a work authorization. This applies in situations such as the following: if you have a Form I-485 (Application to Register Permanent Residence or Adjust Status) in process, if you have a Form I-589 (Application for Asylum and for Withholding of Removal) pending, or if you have a nonimmigrant status that allows you to be in the United States but does not authorize you to work without previously applying for work authorization from USCIS (for example, if you are a student with an F-1 or M-1 visa).
What happens if you work without the EAD?
Although there are no specific legal consequences for a foreigner who works without the Employment Authorization Document (EAD), it is important to note that doing so is illegal and can have negative repercussions on the search for legal status in the country and on future immigration applications. Additionally, it is essential to note that most employers will not hire individuals without a valid EAD. In summary, if you are a foreigner and wish to work legally in the United States, it is absolutely essential to obtain the EAD. This process begins with the submission of Form I-765, along with other required documents. Once the EAD is issued, you can search for and engage in legal employment in the country.
How much do I have to pay to apply for the EAD work permit?
- Filing Fee: The cost is $410, although in certain cases you may be exempt from payment.
- Biometric Services: The concept of biometric services has a cost of $85.
To apply for the Employment Authorization Document (EAD) in the United States, it is necessary to complete and submit an Application for Employment Authorization (Form I-765).
How to Submit the Form?
- Read the instructions of Form I-765
- Complete and sign your Form I-765
- Pay the filing fees, if applicable
- Provide all required evidence and supporting documentation
Can I work in the USA if I don't have the EAD work permit?
The Employment Authorization Document (EAD) is just one of the requirements that employers request. The other requirement is the Social Security Number (SSN), which is recommended to be applied for at the same time as the work permit to avoid inconveniences. Both documents serve as proof of eligibility to work in the United States when completing the I-9 Employment Eligibility Verification Form.
Employers are obligated to verify the Employment Authorization Document (EAD) of applicants before hiring them, and the risks of working without the proper permit are significant. Some of these risks may include:
- Deportation
- 3 to 10-year ban on re-entry to the United States
- Complications in processing a visa, change of immigration status, and other benefits