EAD

 540-Day Automatic Extension Rule Ends Today

by

 540-Day Automatic Extension Rule Ends October 26, 2023 On May 3, 2022, USCIS announced a Temporary Final Rule (TFR) increasing the automatic extension period for certain Employment Authorization Document (EAD) renewal applications to up to 540 days. The TFR ends today, October 26, 2023. Eligible applicants who filed before October 26, 2023 will receive the 540-day extension.  Eligible applicants who file their EAD renewal applications after today will still receive an automatic 180-day extension on their work authorization.    For more information about employment authorization you can check the wiki.

Employment Authorization Documents (EAD) Validity Extended to 5 Years

by

USCIS has updated guidance in the Policy Manual to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal. EAD’s are now going to have a maximum validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal. See the Policy Alert from USCIS. The updated guidance also explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. The Form I-94 must be accompanied by identity documentation for purposes of employment authorization. Finally, this guidance clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole. Increasing the maximum EAD validity period to 5 years is intended to significantly reduce the number of new Forms I-765, Application for Employment Authorization, we receive for renewal EADs over the next several years, contributing to efforts to reduce associated processing times and backlogs. Note: Whether the noncitizen maintains employment authorization remains dependent on their underlying status, circumstances, and EAD filing category. For example, if an individual received an EAD under the (c)(9) category based on a pending adjustment of status application for the maximum validity period of 5 years, and the adjustment application is then denied, their ancillary employment authorization may be terminated before the expiration date listed on their EAD. This update also includes other clarifications related to employment authorization, includingclarifying that the Form I-94 can be used as both evidence of status and employment authorization forcertain noncitizens who are employment authorized incident to status or circumstance. The updatealso explains that certain Afghan parolees and certain Ukrainian parolees are employment authorizedincident to parole. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. PA-2023-27 New Policy Highlights CitationS Volume 3: Humanitarian Protection and Parole, Part F, Parolees, Chapter 1, Purpose and Background [3 USCIS-PM F.1]. Volume 10: Employment Authorization, Part A, Employment Authorization Policies and Procedures, Chapter 2, Eligibility Requirements [10 USCIS-PM A.2] and Chapter 4, Adjudications [10 USCIS-PM A.4].

Employment Authorization

by

Who Qualifies for a Work Permit in the United States? Only individuals with legal residency (green cards), U.S. citizenship, or specific types of work visas are eligible to work in the U.S. without obtaining an Employment Authorization Document (EAD) beforehand. Additionally, only a limited number of individuals will meet the criteria for obtaining a work permit. Foreign nationals residing in the United States are not permitted to work unless they have obtained explicit authorization through their visa or other legal status, or have obtained a separate work permit. It is important to note that a work permit is distinct from a green card. Instead, it is an Employment Authorization Document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS). The EAD serves as a form of photo identification, similar to a driver’s license, and allows holders to demonstrate their eligibility to work. When hiring new employees, all U.S. employers are required to request proof of immigration status or the right to work. Employers who fail to comply with this regulation may face sanctions. Which Non-Citizens Don’t Need to Separately Apply for a Work Permit? All green card holders (lawful permanent or conditional residents) automatically have permission to work in the United States. They simply need to show their green card to employers. Immigrants who become U.S. citizens can also work and can provide their U.S. passport or naturalization certificate or social security cards to employers, since US citizens are obviously permitted to work in the country without any special permission. Foreign nationals who have obtained work-based visas sponsored by U.S. employers are also eligible to work in the United States. Examples of such visas include the H-1B (for specialty workers), L-1 visa (for intracompany transferees), E-3 visa (only for Australians), and E treaty trader or treaty investor visa (for employees of companies registered as treaty traders or treaty investors in the United States). Those here in other immigration status must obtain employment authorization by applying for it. Who Is Eligible to Apply for a Work Permit There are various groups of individuals who have the option to apply for a “work permit” or Employment Authorization Documents (EAD) from U.S. Citizenship and Immigration Services (USCIS) if they want to pursue employment. It is important to note that a foreign national who is eligible for an EAD must actually apply for and obtain said authorization before they are permitted to take employment. These categories encompass individuals such as asylees, individuals with a pending application for adjustment of status (a green card), spouses of different visa holders, individuals with Temporary Protected Status (TPS) or Deferred Enforced Departure (DED), F-1 students facing economic hardship or seeking optional practical training (OPT), K-1 fiancé visa holders, DACA recipients, U nonimmigrants (and starting in 2022, individuals with a pending U visa petition that was found to be bona fide), special immigrant juveniles who have an approved I-360 and have been granted deferred action while they are waiting for a visa to become available, parolees, and the list goes on. The categories are too numerous to mention here, but a complete list can be found in the instructions accompanying USCIS Form I-765 (the work permit application form). Those Not Eligible For Employment Authorization Individuals in the US on a B-1 visitor visa (or tourist visa) and individuals that are in the United States with no lawful status are not eligible to obtain employment authorization. USCIS does not authorize these individuals to work in the United States, and it is indeed illegal for them to do so or for employers to hire them. Of course, the thirteen million + non citizens in the US with no lawful status do have to work to live here and they do. There are potential immigration consequences for working without authorization but some people have no choice. If a non citizen is going to work in the United States without authorization it is recommended that they get a Tax Identification Number and file tax returns every year so they can show they are not violating US tax laws. How to Apply to USCIS for a Work Permit To apply for an Employment Authorization Document (EAD), you will need to complete USCIS Form I-765. Additionally, you must provide supporting documentation demonstrating that you fall into a category of individuals eligible to apply for work permits. You should also attach photos and include the necessary fee. Please read the instructions carefully, as some categories of applicants may be exempt from paying a fee. Some people are eligible to renew their employment authorization online (asylum applicants and asylees for instance). You can find out more on the USCIS website. Employment authorization can now be issued for as long as 5 years per new USCIS policy. Applicants can always renew their work authorization once it expires so long as they remain eligible. There are noncitizens who have been renewing their employment authorization ever year for decades.

Employment Authorization Eligibility Category Codes

by

USCIS EAD CATEGORY CODES An Employment Authorization Document (EAD) also referred to as a “Work Permit” by some people, allows the person to legally work in the U.S., usually while their application with USCIS is pending adjudication. To get your EAD you must submit a Form I-765 to USCIS, which will ask you for your eligibility category code. Below you will find a list of those categories and their corresponding code for completing the form I-765. The instructions for completing the Form I-765, Application for Employment Authorization can be found on the USCIS website here. The form can now be submitted online in many cases. To file for employment authorization online go to the USCIS I-765 online application page. You will need to make a USCIS online account if you don’t already have one. More information from USCIS about the Form I-765, Application for Employment Authorization can be found here. SOMEONE DID THE PAPERWORK FOR ME TO GET MY WORK PERMIT Often times people pay someone who promise to get them a work permit but they don’t realize that they way the person is getting it for them is by applying for asylum or some other benefit they are not actually eligible for since USCIS will issue the EAD to allow the person to work until they finally sort out the person’s eligibility. If you have an EAD you look at your card to see what the category code is if you are unsure how you obtained it. If you have and EAD and are unsure of the grounds for which you obtained it then you can look at your care and it will have a category code printed on it that you can check against this list. If you look at the example card on the left you will see where the category code appears on the EAD. You can check that code against the list below to be sure that your EAD was issued based on the proper grounds. USCIS only allows some EAD categories to keep working even after Employment Authorization Document (EAD) expiry if you have filed the extension before the current EAD approval expires. *Automatic 180 EAD extension allowed for A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31 and A12 or C19. EAD ELIGIBILITY CATEGORY CODES CODE ELIGIBILITY CATEGORY A02 A lawful temporary resident pursuant to sections 245A or 210 of the INA A03 Refugee A04 Paroled as refugee A05 Asylee (granted asylum) A06 K-1 nonimmigrant fiancé(e) of U.S. citizen (USC)K-2 child of K-1 A07 N-8 Parent of international organization employee granted permanent residenceN-9 Dependent Child of international organization employee granted permanent residence A08 Citizen of Micronesia, the Marshall Islands or Palau admitted as a non-immigrant A09 K-3 nonimmigrant spouse of USCK-4 child of K-3 A10 Granted Withholding of Deportation or Removal A11 Deferred Enforced Departure (DED) A12 Temporary Protected Status (TPS) granted under 8 CFR 244.12 A13 IMMACT Family Unity beneficiary (Section 301 of the Immigration Act of 1990) A14 LIFE Act Family Unity beneficiary (Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments) A15 V-1 Spouse of Lawful Permanent ResidentV-2 Minor unmarried child of Lawful Permanent ResidentV-3 Minor unmarried child of V-1 or V-2 A16 T-1 nonimmigrant (victims of a severe form of trafficking) A17 Spouse of E-1/E-2 Treaty Trader/InvestorSpouse of E-3 specialty occupation professional from Australia A18 L-2 spouse of an L-1 intracompany transfer (L-1: Individuals in the U.S. who have been transferred from a subsidiary, affiliate, or branch office overseas to the U.S. to work in an executive, managerial or specialized knowledge capacity A19 U-1 nonimmigrant (victims of certain criminal activity) A20 U-2 spouse of U-1 aliensU-3 children of U-1 aliensU-4 parents of minor U-1 aliens (16 or under)U-5 unmarried sibling under age 18 of U-1 alien under age 21 C01 Dependent of A-1 or A-2 foreign government official C02 Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 non-immigrant) C03A Pre-completion OPT F-1 students C03B Post-completion OPT F-1 students C03C 24-month extension for Science, Technology, Engineering, or Mathematics (STEM) OPT students C03(ii) F-1 student offered off-campus employment under the Sponsorship of Qualifying International Organization C03(iii) F-1 student seeking off-campus employment due to severe economic hardship C04 Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents) C05 J-2 spouse or minor child of a J-1 exchange visitor C06 M-1 student seeking practical training after completing studies C07 Dependent of NATO-1 through NATO-7 non-immigrant C08 Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995 C09 Adjustment of status (i485) C10 Nicaraguan Adjustment and Central American Relief Act (NACARA) section 203 applicants Applicant for suspension of deportationThe applicant for cancellation of removal C11 An alien paroled into the United States in the public interest or temporarily for emergency reasons C12 Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only C14 Alien granted deferred action C16 Registry applicant based on continuous residence since January 1, 1972 C17(i) B-1 nonimmigrant who is the personal or domestic servant of a nonimmigrant employer C17(ii) B-1 nonimmigrant domestic servant of a U.S. citizen C17(iii) B-1 nonimmigrant employed by a foreign airline C18 Alien with a final order of deportation/order of supervision; C19 Temporary Protected Status applicant under 8 CFR 244.5 C20 An alien who has filed a completed legalization application for special agricultural workers C22 An alien who has filed a completed legalization application under INA 245A C24 LIFE legalization applicant C25 T-2 spouse of T-1, the victim of traffickingT-3 child of T-1T-4 parent of T-1 (if T-1 is under age 21) C26 H4 Dependents of H1B Visa worker C31 The principal beneficiary of an approved VAWA self-petitionQualified child of a beneficiary of an approved VAWA self-petition C33 An alien who has been granted Deferred Action for childhood arrivals (DACA) C35 The principal beneficiary of an appro ved employment-based immigrant petition facing compelling circumstances C36 Spouse or unmarried child of a … Read more

ASYLUM EMPLOYMENT AUTHORIZATION

by

GETTING EMPLOYMENT AUTHORIZATION (EAD) THROUGH ASYLUM AND THE 180 DAY ASYLUM CLOCK HOW DO I APPLY FOR EMPLOYMENT AUTHORIZATION AFTER I HAVE APPLIED FOR ASYLUM? For instructions on how to apply for employment authorization after you have applied for asylum, visit the USCIS website at www.uscis.gov/i-765 to review the Form I-765, Application forEmployment Authorization, and the related form instructions. WHAT IS THE 180-DAY ASYLUM EAD CLOCK? The “180-day Asylum EAD Clock” measures the time period during which an asylum application has been pending with the U.S. Citizenship and Immigration Services (USCIS) asylumoffice and/or an Immigration Court with the Executive Office for Immigration Review (EOIR). USCIS service centers adjudicate the Form I-765, Application for Employment Authorization,and use the 180-day Asylum EAD Clock to determine eligibility for employment authorization. You may file a Form I-765, Application for Employment Authorization, based on your pendingasylum application (the (c)(8) category) 150 days after you filed your asylum application. You are not eligible to receive an Employment Authorization Document (EAD) until yourasylum application has been pending for at least another 30 days, for a total of 180 days (8 CFR 208.7(a)(1)). The 150-day waiting period and the 180-day eligibility period, commonlyreferred to as the 180-Day Asylum EAD Clock, do not include delays that you request or cause while your asylum application is pending with an asylum office or with the ImmigrationCourt (8 CFR 208.7(a)(2)). WHAT STARTS THE 180-DAY ASYLUM EAD CLOCK? For asylum applications first filed with an asylum office, USCIS calculates the 180-day Asylum EAD Clock starting on the date that a complete asylum application is received by USCIS, inthe manner described by the Instructions to the Form I-589, Application for Asylum and for Withholding of Removal. If the asylum office refers an asylum application to an immigrationcourt, the applicant may continue to accumulate time toward employment authorization eligibility while the asylum application is pending before an immigration judge. FOR ASYLUM APPLICATIONS FIRST FILED WITH EOIR, USCIS CALCULATES THE 180-DAY ASYLUM EAD CLOCK IN ONE OF TWO WAYS: 1) The applicant will start to accumulate time toward eligibility for employment authorization on the date that a complete asylum application is filed with the immigration court.2) If a complete asylum application was previously “lodged” with the immigration court, whether at the court window or by mail, the applicant will start to accumulate time towardeligibility for employment authorization on the date of lodging. WHAT STOPS THE 180-DAY ASYLUM EAD CLOCK? The 180-day Asylum EAD Clock does not include any delays you request or cause while your asylum application is pending with USCIS and/or EOIR. FOR CASES PENDING WITH AN ASYLUM OFFICE DELAYS YOU MAY REQUEST OR CAUSE MAY INCLUDE: If you are required to receive and acknowledge your asylum decision at an asylum office but fail to appear, your 180-Day Asylum EAD Clock will stop and you may be ineligible toreceive employment authorization. If your case has been referred to an Immigration Court, your 180-Day Asylum EAD Clock will not begin again until your first hearing with an immigrationjudge. If you fail to appear for your asylum interview, the 180-day Asylum EAD Clock will stop on the date of your missed interview, and you may be ineligible for employment authorization unless you send a written request to the asylum office to reschedule the interview within 45 days and you demonstrate “good cause” for missing the interview. If you request to reschedule your interview with the asylum office after 45 days have passed from your missed interview, you must demonstrate “exceptional circumstances,” which is a higher standard than good cause. If you establish exceptional circumstances for missing your asylum interview and you are currently in removal proceedings before an immigration judge, the asylum office can reopen your asylum application and reschedule you for an asylum interview upon your request if the immigration judge dismisses your removal proceedings. If the asylum office determines that your failure to appear for an interview was due to lack of notice of the interview appointment, the asylum office will not attribute a delay to you and the asylum office will reschedule your interview. For more information about reschedule requests and missed asylum interviews, see “Preparing for Your Asylum Interview” on the Asylum Division’s website at www.uscis.gov/Asylum FOR CASES PENDING WITH EOIR: Asylum cases pending with EOIR are adjudicated at hearings before an immigration judge. At the conclusion (or “adjournment”) of each hearing, the immigration judge will determine the reason for the adjournment. If the adjournment is attributed to you, you will stop accumulating time toward the 180-day Asylum EAD Clock until your next hearing. If the adjournment is attributed to the Immigration Court or the Department of Homeland Security, you will continue accumulating time toward your 180-day Asylum EAD Clock. If you are an asylum applicant who has been released from detention and whose case is automatically transferred to a non-detained hearing location, your 180-Day Asylum EAD Clock will run until the date of your next hearing. For example, you may stop accumulating time toward the 180-Day Asylum EAD Clock if, at a hearing: In such cases, you will stop accumulating time when the immigration judge grants the motion. You may or may not begin to accumulate time again after the next hearing, depending on thereason for the adjournment of the next hearing. Additional information regarding codes used by the immigration courts that affect the 180-day Asylum EAD Clock can be found at Appendix O – Adjournment Codes, in the EOIR Policy Manual, at https://www.justice.gov/eoir/eoir-policymanual/Appendix/AdjournmentCodes.