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EAD has been in the news quite a lot lately. The U.S. has strict laws governing the right of visa holders to work in the U.S. and under the Trump administration, it has become even stricter. In order to be able to work in the U.S. on a visa, you will need an Employment Authorization Document (EAD). You might be wondering exactly what is EAD?. Below we take a look at the basics regarding Employment Authorization Documents and how you can apply for one.
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Certain visa holders (like L2 visa holders) need an EAD before they are legally allowed to work in the U.S. An EAD is a document that grants its holder this authorization and right.
An EAD has a temporary lifespan. Most EADs are valid for one year, but it may differ from case to case. It is important to renew your EAD before it expires if you want to continue working in the U.S.
It is important to keep in mind that an EAD does not allow someone to stay in the U.S. Visas or Green Cards are used to allow someone entry into the U.S., not an EAD.
So how is an EAD is different from a Green Card?
An EAD authorizes and proves that someone is eligible for employment in the U.S. The EAD’s sole use is to grant the holder the right to be employed. An EAD does not give someone the right to enter the U.S. Eligibility to get an EAD is also dependent on the status of your visa. EADs are not given to someone without a visa or other qualifying document authorizing them to be in the U.S.
A Green Card grants someone residency in the U.S. A Green Card is also only valid for temporary periods. But, it can be renewed if your application is successful. If you travel abroad, you can use your Green Card in conjunction with your passport to re-enter America. If you have a Green Card, you also have the right to work in the U.S.
Now that you know the answer to “what is EAD?” the next question is whether you qualify. What if you have an H4 visa for example? Can you get an EAD?
There are basic categories of people who are eligible for an EAD. Take note an application for an EAD does not mean automatic success even if you are eligible. Different factors can influence the outcome.
People eligible to apply for an EAD:
An H1B visa grants someone entry into the U.S. and it simultaneously gives them the right to work for their sponsor (the U.S. employer who petitioned for them to move to America). There are naturally some differences between an EAD and an H1B visa’s work restrictions.
EAD cards are not valid indefinitely. They are issued to be valid for short periods like a year at a time. This ensures that an EAD card won’t be valid beyond the validity of the holder’s visa. It’s important to apply early enough for the renewal of your EAD.
Here are the basic steps you can follow to renew your EAD.
Make sure you are still eligible. Your application will not be processed if you aren’t eligible. Go through the requirements and criteria again to confirm.
You won’t be able to renew your EAD 180 days before it expires. Wait until there are 120 days left before it expires, and then submit your renewal application.
You need to submit a new Form I-765 at the USCIS. Complete the form as per the instructions supplied.
The processing fee for EAD renewal is $410 and the biometric service fee is $85. Some categories of people may have the filing fee waived all together (check with the USCIS if you qualify).
The USCIS will notify you by mail at your registered address about the outcome of your application. They may either mail you your EAD or they’ll request you to collect it at your nearest USCIS office. If your application is denied, the notification will also contain an explanation for their decision.
What do you do if your EAD is lost, stolen, or even incorrectly issued? The good news is you can replace it.
Request a replacement by filing a Form I-765. Follow the normal application process but request a replacement.
There are two things that can cause this. A mistake made by you when you applied or a processing error by the USCIS.
Now you know the answer to “what is EAD?”. Being a visa holder grants you entry to the U.S., but an EAD grants you the great opportunity to also work here. Make sure you renew your EAD in time so your career does not come to a sudden halt. Apply for your EAD and go make a success of your career here in the States
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