Application for Employment Authorization

In two to four weeks you should receive a “notice of receipt” from the U.S. Keep this notice of receipt to track your application on DHS website. To receive an e-mail and/or a text message that your application has been accepted at USCIS, complete Form G-1145, E-Notification of Application/Petition Acceptance and clip it to the first page of your application. For Overnight or Courier Delivery , please use a service such asFedEx Next Day, UPS, etc.

• Currently, the Employment Authorization filing fee is $410 while the biometrics fee is $85 – meaning you will pay a total of $495.
• An alien authorized to workAs an “Alien Authorized to Work,” the employee must provide an “A-Number” present in the EAD card, along with the expiration day of the temporary employment authorization.
• Undergraduate F-1 nonimmigrant students enrolled in a term of different duration must register for at least one half of the credit hours normally required under a “full course of study.” See 8 CFR 214.2.
• We recommend using this service, as it will result in you obtaining an SSN faster.
• USCIS will not process your EAD if you do not prove you have paid their fees for filing and biometrics.
• If your work permit has been mutilated, lost, or stolen, you can, as above, file Form I-765 .

You may always download a copy of the Form I-765 PDF from the USCIS website. Occasionally, USCIS publishes new editions of the I-765 application. Although you may use black ink to fill in your Form I-765 by hand, it’s preferable to file a typed application. The nation’s leading LGBTQ and HIV-positive immigrant rights organization. This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases.

Does this notice apply to elementary school, middle school, and high school students in F-1 status?

But it’s still a good idea to submit an application for a work permit when you apply for your green card. The work permit based on your green card application is an “open market” Employment Authorization Document—that is, it doesn’t tie you to one particular sponsoring employer. It’s not uncommon for someone who came to the United States as a student or through a temporary work visa to meet and fall in love with their spouse in the United States. If you are already working in the United States with a valid H-1B visa, through the Optional Practical Training program for recent graduates, or through any other work visa, you don’t have to stop working just because you’re applying for a green card. If you are in the U.S. and you are applying for a family-based green card, have a K-1 fiancé visa, or are the spouse of a H-1B visa holder, then you may be able to apply for a work permit (Form I-766) so you can work while you are in the U.S.. Students who are studying in the U.S. with a F-1 student visa may also wish to apply for a work permit.

• This is because the USCIS is not going to issue you a work permit with a validity period longer than your visa stay.
• The applicant’s head should be bare and the photo should not be larger than 1 ½ x 1 ½ inches.
• CitizenPath’s online services help you prepare Form I-765 with simple, step-by-step instructions.
• Work permits issued through the adjustment of status process are valid for two years.
• The F-1 student must file a Form I-765, “Application for Employment Authorization,” and pay a fee to USCIS.

F-1 students authorized for on-campus employment may exceed 20 hours of work per week during breaks and annual vacation as well. A DSO should make sure the student reads the form carefully and follows the directions. Employment located on-campus that does not directly involve services to students does not qualify as on-campus employment. If, on the other hand, you receive your card but it is factually incorrect , you can, again, submit Form I-765, with a filing fee, the original permit, and any required evidence .

Submitting Your J-2 Employment Authorization Application

You will also need to pay a filing fee , unless you’ve applied for a fee waiver and have received approval. The process for getting a new work permit (Form I-766) is relatively straightforward. Ultimately, before you apply for a renewal or replacement, you want to make sure you are still eligible for employment authorization. If so, you can use the steps outlined below to obtain a new EAD. If you are a derivative family member residing inside the United States, you are also authorized to work based on your status. After we approve the underlying petition for derivative U nonimmigrant status, we will not issue you an EAD.

Dependents of United Nations employees interested in pursuing employment in the United States should contact the Office of the United Nations Staff Counselor. The penalties for working without authorization include being barred from entering the United States for three or ten years, depending on how long you were working without a permit. For example, if you work without authorization while in the United States on a tourist visa and later apply for a student visa, your unauthorized employment will make you ineligible for that student visa. When you start work, your employer is required to have you complete an I-9 form and to show proof that you are allowed to work in the United States. As long as you have a social security number and a work permit, it’s illegal for employers in the United States to discriminate against you because of your immigration status. You’ll be required to pay payroll and income taxes in the United States, just like everyone else.

Procedures for Issuing Visas

If you notice any incorrect info in your card, you can file to have it corrected. The USCIS officials will not process any application without the applicant’s signature. If your application is approved, your employment authorization card (a plastic-laminated ID) will be sent to you via mail.

Form I-765, Application for Employment Authorization is the main form for the EAD. It is available on the USCIS website and you must download it to start filling it out. Download the form right before you start applying because USCIS frequently makes changes. If the J-1 changes his or her status to another classification, the J-2 will have to stop employment once the change of status becomes effective even if their Employment Authorization Document is still valid.

This includes your application for an initial EAD and for a replacement EAD. If you are an Afghan national paroled into the United States and you are applying for employment authorization, you will need a Social Security number to work in the United States. Your SSN allows employers to report your earnings to the U.S. government. We are transitioning to electronically processing immigration benefit requests. As we complete this transition, we will be using multiple systems to receive and process various types of immigration benefit requests. Because the Form I-129 and related applications are not all processed in the same system, we require a separate payment instrument for each of these forms.

• The United States Mission’s Host Country Affairs Section may also be contacted for assistance in obtaining employment authorization.
• Check the category status and be sure you understand the requirements before filling out the form.
• Certain foreign nationals, who are eligible to work in the United States, use Form I-765, Application for Employment Authorization, to request permission to work.
• Other noncitizens whose immigration status authorizes them to work in the United States without restrictions may also use Form I-765 to apply for an EAD that shows such authorization.

In this case you can likely find your current immigration status on a Form I-797A, Notice of Action. The introduction of new card designs does not mean that previously issued cards are invalid. Cards remain valid until their expiration date (unless otherwise noted, such as through an automatic extension of the validity period of the Permanent Resident Card or EAD as indicated on a Form I-797, Notice of Action, or in a Federal Register notice).

As of April 20, 2021, 5,067 F-1 Employment Authorizations students who are Hong Kong residents were physically present in the United States and enrolled in SEVP-certified academic institutions. Many of these students are impacted by the emergent circumstances in Hong Kong because their primary means of financial support comes from Hong Kong. Without employment authorization, these students may lack the means to meet basic living expenses. An Employment Authorization Document is sometimes referred to as a work permit — or, more officially, Form I-766. With this document, you can prove that you are eligible to work legally in the United States. Those who have applied for a green card while living in the United States may obtain an EAD in order to work while their application is pending.