I-765 Employment Authorization Document (EAD) for Work-Based Green Card Applicants

1. What is the purpose of an I-765 Employment Authorization Document (EAD) for Work-Based Green Card Applications?


An I-765 Employment Authorization Document (EAD) is an authorization document issued by the United States Citizenship and Immigration Services (USCIS) to certain individuals who are in the process of applying for a work-based green card. The EAD allows the individual to legally work in the United States while their green card application is under review. The document is typically valid for one year and can be renewed annually as long as the green card application is still pending.

2. How long is the EAD valid for?


The EAD is generally valid for up to two years. However, the validity of the EAD may vary depending on the type of visa and the individual applying for it.

3. How often should I renew my EAD?


Your Employment Authorization Document (EAD) will typically expire after a certain period of time, typically 1-3 years. The expiration date is listed on the document. You should renew your EAD prior to this expiration date if you wish to maintain your employment authorization status.

4. What are the eligibility requirements to apply for an EAD?


In order to apply for an Employment Authorization Document (EAD), an individual must be in the United States, and must either be in valid immigration status or have an application or petition pending with U.S. Citizenship and Immigration Services (USCIS). In addition, the individual must be within a specific category of non-citizens that are eligible for work authorization. Some examples of these categories include students, refugees and asylum seekers, victims of certain crimes, certain specialty occupations and certain religious workers. Depending on the category, additional documentation may be required.

5. What documents are required for filing an I-765 EAD application?


The documents required for filing an I-765 EAD application are:

1. A copy of the Form I-797 Approval Notice or current Employment Authorization Document (EAD), if applicable.

2. A copy of a valid passport or birth certificate.

3. Two passport-style photographs taken within the last 30 days.

4. A copy of a valid Form I-94 showing the current nonimmigrant status and duration of stay.

5. Proof of relationship to the principal applicant, if applicable, such as marriage or birth certificates.

6. Evidence of educational or work qualifications, if applicable.

7. Proof of financial support, if applicable.

8. Evidence of any special circumstances which may require an expedited application, if applicable.

6. How long does it take to process my I-765 Employment Authorization Document (EAD) application?


The time it takes to process an I-765 Employment Authorization Document (EAD) application varies depending on the current processing times of USCIS. Generally, it takes 3 to 5 months for USCIS to process the application.

7. What is the fee for filing an I-765 application?


The fee for filing an I-765 application is $410.

8. Do I need to submit any additional documents if my EAD expires while my Green Card application is pending?


No. As long as your Green Card application is pending, you do not need to submit any additional documents if your EAD expires. However, if you need to travel abroad, you may need to obtain advance parole.

9. What is the difference between an I-765 EAD and a Green Card?


A Green Card is a permanent resident card. It grants a person the right to live and work in the United States permanently. An Employment Authorization Document (EAD) is a document issued by the U.S. government that allows foreign nationals to work in the United States temporarily. Unlike a Green Card, an EAD does not provide permanent residency status.

10. Can I travel outside the US with an EAD?


Yes, you can travel outside the US with an EAD. However, you must ensure that your EAD is valid for the duration of your trip. Also, you should have a valid passport and any other required documents such as a visa. You should also consult the immigration laws of the country you are travelling to, as it may have additional requirements for entry.

11. Can I work with an expired EAD?


No, you cannot work with an expired Employment Authorization Document (EAD). You must renew your EAD before it expires in order to continue working legally in the United States.

12. Can I apply for a Social Security number with an EAD?


Yes, you can apply for a Social Security number with an EAD. You will need to provide valid proof of identity and your EAD to the Social Security Administration (SSA) in order to apply.

13. How can I check the status of my I-765 EAD application?


You can check the status of your I-765 application by calling the USCIS National Customer Service Center at 1-800-375-5283. You can also check your status online on the USCIS website at www.uscis.gov/casestatus.

14. What happens if USCIS denies my I-765 application?


If USCIS denies your I-765 application, they will provide the reasons for the denial in the denial letter. It is important to carefully review the denial letter and consider appealing if you feel the decision was wrong. The appeals process is complicated and requires legal help in most cases, so you should consult an experienced immigration attorney if you choose to appeal.

15. Can I appeal if my I-765 is denied?


Yes, you can appeal the denial of your I-765. Depending on the specific circumstances of your case, you can file a motion to reopen or reconsider with the USCIS office that denied your application, or you may file a new I-765 application with a different USCIS office.

16. Can my family members also have an Employment Authorization Document (EAD)?


Yes, family members of certain visa holders may be eligible to apply for an Employment Authorization Document (EAD). For more information, please consult with an immigration attorney.

17. What documents do my family members need to have inorder to apply for their own EADs?


Your family members will need to submit Form I-765, Application for Employment Authorization, along with other supporting documents such as evidence of their relationship to you (such as a marriage or birth certificate), proof of your lawful immigration status, photos, and proof of identity (passport, driver’s license). Depending on their specific situation, they may also need to submit additional documents such as a copy of their valid visa, Form I-94 Arrival/Departure record, and/or any other required forms.

18. Is it possible to renew my EAD more than 180 days before its expiration date?


No, you cannot renew your EAD more than 180 days before its expiration date. If you attempt to do so, your application will likely be denied.

19. What happens if I don’t renew my EAD before it expires?


If you do not renew your EAD before it expires, you will no longer be authorized to work in the United States. Your employer will be required to terminate your employment and you may face deportation proceedings.

20. Are there any special instructions for filing an EAD application online?


No, there are no special instructions for filing an EAD application online. Applicants must submit the appropriate forms, documents, and the required fee to complete the application process. The EAD application must be submitted to the U.S. Citizen and Immigration Services (USCIS) and any additional instructions provided on their website should be followed in order to ensure the application is properly submitted.