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EMPLOYMENT AUTHORIZATION DOCUMENTS

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See http://uscis.gov/graphics/formsfee/forms/i-765.htm for a complete list of ... May file electronically using USCIS online form. EAD Online Filing. May not ... – PowerPoint PPT presentation

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Title: EMPLOYMENT AUTHORIZATION DOCUMENTS


1
EMPLOYMENT AUTHORIZATION DOCUMENTS
  • Dylan Sugiyama
  • International Employment Specialist
  • North Carolina Office of State Personnel

2
AGENDA
  • Define EAD
  • Examples of Eligibility
  • I-9 Completion
  • EAD Application Process
  • Fees and fee exemptions
  • Denials of EAD
  • Quick Reminders

3
What is an Employment Authorization Document
(EAD)?
  • Certain aliens who are temporarily in the U.S.
    can be eligible to apply for permission to work
  • An EAD proves that a person is allowed to work,
    at least temporarily, in the U.S.

4
What is an EAD (cont.)?
  • Grants alien permission to work anywhere in the
    United States, unless a particular employer has
    citizenship requirements.

5
What is an EAD (cont.)?
  • AN EAD IS NOT A VISA!
  • A visa grants a person permission to enter the
    United States
  • A person holding an EAD without a visa is not
    free to come and go from the United States

6
Common Examples of EAD Eligibility
  • Asylees and asylum seekers
  • Students seeking certain types of employment
  • Greencard applicants
  • Fiances of American citizens
  • See http//uscis.gov/graphics/formsfee/forms/i-765
    .htm for a complete list of eligible categories

7
I-9 Completion
  • BE AWARE
  • EADs are typically valid for 1 year
  • Aliens will check box 3 in I-9 section 1 stating
    that they are authorized to work until a
    particular date
  • Reverify employees employment eligibility on or
    before EAD expiration date
  • Develop a way of tracking expiration dates, and
    send reminders to employees to renew EAD cards.

8
I-9 Completion
  • YOU MUST ACCEPT AN EAD CARD AS AN ACCEPTABLE
    DOCUMENT FOR I-9 COMPLETION
  • DEMANDING ADDITIONAL DOCUMENTATION IS A
    PUNISHABLE OFFENSE

9
I-9 Completion
  • Advise EAD holders to submit a renewal
    application 4 months prior to the expiration of
    their current card
  • Increase the likelihood that your employees
    employment eligibility will not end

10
Who does not need an EAD?
  • Greencard Holders
  • Nonimmigrant visa holders
  • Asylees
  • Complete list of categories at 8 CFR 274a.12(b)

11
Application Process
  • File for EAD on form I-765
  • May file electronically using USCIS online form

12
EAD Online Filing
  • May not file online if
  • Employee is requesting a fee waiver
  • Employee is filing to request an error correction

13
Visa categories that do not allow online filing
  • Temporary resident
  • K-3 or K4 Nonimmigrant (Fiance)
  • Temporary Protected Status (TPS) initial filing
  • Optional Practical Training
  • V-1, V-2, V-3 (Spouse/child of LPR)
  • See http//uscis.gov/graphics/formsfee/forms/files
    /Guide11.pdffor complete list

14
Components of a complete EAD application
  • Copy of an I-94 card, front and back
  • Copy of the employees previous EAD
  • 2 photos
  • Any additional receipts for filing petitions on
    which the EAD application is based

15
Interim Employment Authorization
  • If there is no decision on EAD application within
    90 days, applicant is entitled to interim
    authorization until a decision is made
  • 30 days for asylum applicants
  • Bring dated EAD application receipt to local
    immigration office for interim card

16
EAD Fees
  • Applicants must pay 340.00 fee unless they
    qualify for an exemption
  • If the person filed a Form I-485, Application to
    Register Permanent Residence or Adjust Status, on
    July 30, 2007, or after, then no fee is required
    to file a request for employment authorization on
    Form I-765. Include a copy of the I-485 receipt.
  • Fee is paid by applicant, not employer!

17
Common EAD fee exemptions
  • Refugee
  • Applicant for asylum
  • Alien granted withholding of deportation

18
Denial of EAD
  • No appeal available
  • Applicant may move to reopen the case if new
    evidence exists or the decision for denial was
    based on an incorrect application of law

19
Denial of EAD
  • IF AN EAD APPLICATION IS DENIED, AND THE
    EMPLOYEES ORIGINAL CARD HAS EXPIRED, YOU MUST
    TERMINATE THAT PERSON IMMEDIATELY!

20
Termination of EAD
  • Immigration may terminate a valid employment
    authorization if
  • Deportation proceedings are instituted
  • Prior to expiration, any condition upon which
    authorization was based has not been met or no
    longer exists
  • False information is discovered

21
Quick EAD Guide
  • You must accept an EAD as a method of I-9
    completion. Refusal of that document is a
    punishable offense.
  • 2. Encourage EAD holders to renew their card 4
    months before expiration to avoid loss of
    employment eligibility.

22
Quick EAD guide
  • 3.Advise EAD holders of their eligibility for
    Interim EAD
  • 4.Terminate an employee immediately if their EAD
    expires.even if they are waiting for their
    renewal to be processed

23
  • QUESTIONS????
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