If you temporarily in the US and seeking an Employment Authorization Document (EAD), you are required to file Form I-765, Application for Employment Authorization. Other foreign nationals who are authorized to work in the US without restrictions should also file this form with the USCIS to get a document evidencing such authorization. However, you should not file this form if you are a Lawful Permanent Resident (LPR), Conditional Resident (CR), or a non immigrant authorized to be employed with a specific US employer.
Employment Authorization Document (EAD):
Form I-688, Form I-688A, Form I-688B, Form I-766, or any other documentation provided by the USCIS can be used as a proof that the bearer is authorized to work in the US. A Renewal EAD is an EAD issued to a person at or after the expiration of a previous EAD issued under the same classification. A Replacement EAD is one that is issued to a person when the previously issued EAD is lost,stolen, mutilated, or contains erroneous information (misspelled name).
An Interim EAD is issued to a person when the USCIS failed to adjudicate the application within ninety days of receipt of a properly filed EAD application or within thirty days of a properly filed Form I-765 based on an asylum application filed on or after January 4, 1995. The interim EAD is issued for a period that does not exceed 240 days subject to certain conditions. The USCIS passes a decision for employment authorization requests by determining whether an applicant has submitted the sufficient information and appropriate supporting documents and whether the applicant is eligible.
The I-765 form filing process :
While filing the I-765 form, you are required to attach a copy of Form I-94 Departure Record (if available) with a copy of the previous EAD.
If you did not receive any EAD previously, you have to include a copy of a federal government issued identity document, such as a passport that has your picture, name, and date of birth. Apart from these documents, you are also required to submit two identical color photographs taken within thirty of filing the I-765 form. Not to forget the filing fee, that is $ 380.
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, you need not pay the fee for Form I-765. You can file Form I-765 concurrently with the I-485 form, or can also submit the I-765 at a later date. If you are filing the I-765 form separately, make sure you include a copy of your Form I-797 C, Notice of Action, receipt as evidence of the filing an I-485 as of July 30, 2007.
You can get an interim work authorization if you did not receive a decision even after 90 days of a properly filed EAD application or within 30 days of a properly filed EAD application based on an asylum application filed on or after January 4, 1995. You can get this by appearing in person at your local USCIS district office.
Once your Form I-765 is approved, your EAD will either be mailed to you or at times, you will be informed to appear at your local USCIS office to pick it up. If your application is rejected, you will receive a written notice explaining the reason for the denial.
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