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Am I Eligible for an Employment Authorization Document?

You may be someone who is legally residing in the United States, but without permanent work authorization. With time, you may become more uncomfortable not having a steady stream of income. So, you may more carefully consider the prospect of obtaining an employment authorization document (EAD). In short, having this document can make a major difference in your ability to support yourself and your family. Without further ado, please continue reading to learn whether you qualify for an employment authorization document and how one of the experienced Fairfax County work visa lawyers at Goel & Anderson LLP can help you best represent yourself in your application for one.

What is an employment authorization document, and who is eligible for one?

An employment authorization document, or Form I-765, is a type of work permit issued by the United States Citizenship and Immigration Services (USCIS) that allows certain noncitizens to work legally in the country. It is a photo ID card that serves as proof to an employer that you are authorized to accept an employment offer. The card may also feature an expiration date, a year from the date of issuance, but it may be renewable. 

Generally speaking, noncitizens with pending immigration applications with the USCIS tend to seek out EADs. More specifically, common individuals may include asylum and refugee seekers, adjustment of status applicants, and certain nonimmigrant visa holders (i.e., F-1 visa holders, M-1 visa holders, etc). Unfortunately, undocumented individuals may not qualify, unless they apply for a relief or humanitarian program. 

How do I apply to receive an employment authorization document?

If you believe you are eligible to carry an employment authorization document, you may go ahead and file Form I-765, Application for Employment Authorization, with the USCIS. Alongside this application, you must demonstrate that you belong to a specific eligibility category and confirm your overall qualifying immigrant status. With that, you should prepare to gather the following pieces of documentation:

  • A copy of your most recent I-94, Arrival and Departure Record.
  • A copy of your passport’s biographic page.
  • Two passport-style photos with a white background. 

Further, depending on your visa category, you may be expected to share additional documents. For example, as an F-1 student visa holder seeking optional practical training (OPT), you may need to provide a copy of your Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, signed by your Designated School Official (DSO) within the last 60 days. Then, you should have proof of your enrollment or graduation. 

If you are confident that you can satisfy these criteria, there is no need to wait any longer. Please reach out to one of the skilled Fairfax County business immigration lawyers from Goel & Anderson to kickstart your application process today. We look forward to hearing from you.

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