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Employment Authorization

What is Employment Authorization?

In most cases, the employment authorization process involves a situation wherein a foreign national is changing or adjusting his or her immigration status. For example, if a foreign national entered the U.S. on a visitor visa (which does not allow you to work) and then marries a U.S. Citizen, he or she will apply to adjust his or her status to that of a lawful permanent resident. While the adjustment of status petition is being processed, the foreign national is entitle to apply for a Employment Authorization Document (EAD.) The EAD will allow the foreign national to work in the U.S.

What if My EAD Has Expired or Will Expire Before I Receive My Green Card?

For applicant's who apply for and obtain an EAD while their Adjustment of Status petition is pending, the EAD may expire before the green card is issued. In these cases, it is important to apply for a new EAD. Keep in mind that it will take a minimum of 90 days to process your EAD application so it is important to file the new I-765 well in advance of the expiration date of the current EAD.

The USCIS will issue a new EAD based on your still pending Adjustment of Status petition.

How Do I Apply for an EAD?

In order to apply for an EAD, follow these steps:

1. Download and complete Form I-765.

2. Make a copy of your Form I-94 Departure Record (front and back).

3. Make a copy of your last EAD (front and back), if you have one.

4. Download and print the attached USCIS photograph instructions.

5. Take the instructions to a photographer who specializes in immigration or passport photos and obtain two passport-style color photographs. *These must be taken no earlier than 30 days before submission to USCIS.