If you want to work in the United States, you will need to show you are eligible to work for prospective employers. U.S. citizens can show proof of citizenship and identity, lawful residents can show their green card, those who can work due to their visa type can show they are in current status, the rest need to show a current Employment Authorization Document. (EAD)
U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. Having an Employment Authorization Document (EAD) is one way to prove that you are allowed to work in the United States for a specific time period.
To request an EAD, you must file Form I-765, Application for Employment Authorization with all required supporting documentation. You may apply for an EAD if you:
• Are authorized to work in the United States because of your immigration status, or
• Are required to apply for permission to work; in other words, you need to request employment authorization itself.
You can generally file for an EAD if you are in one of the following categories:
- Asylee/Refugee and Their Spouses and Children
- Nationality Categories
- Foreign Students
- Eligible Dependents of Employees of Diplomatic Missions,
- International Organization, or NATO
- Employment-Based Nonimmigrants
- Family-Based Nonimmigrants
- Adjustment-of-Status Categories
- Other Categories
A detailed listing can be found on the Instructions for Form I-765, by clicking here.
If you are still eligible for employment authorization but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved. Generally, you should not file for a renewal EAD more than 180 days before your original EAD expires, but not less than 120 days, due to processing delays.
If you have questions about your eligibility to get an EAD, or the process, please call our office at 513-791-1673 and one of our attorneys can meet with you to discuss it. Your first meeting with the attorney is at no charge.