Employment Authorization Card (EAD) and I-9 Employment Eligibility

Employment Authorization Card (EAD) and I-9 Employment Eligibility

Background: You will need an Employment Authorization Document (EAD Card). This allows you to work within  your U.S. community. Your resettlement agency will help you obtain an EAD card based on your status (refugee,  asylum seeker etc…). See the USCIS website below for application instructions. See the attached copy of the  USCIS, I 765 Application for Employment Authorization (See Tab A).

Persons can also file online  https://www.uscis.gov/i-765. Having an Employment Authorization Document (Form I-766/EAD) is one way to  prove that you are authorized to work in the United States for a specific time period. 

You will need to apply for an EAD if you:

  1. Are authorized to work in the United States because of your  immigration status or circumstances (for example, you are an asylee, refugee, or U nonimmigrant) and need  evidence of that employment authorization, or
  2. Are required to apply for permission to work; in other words,  you need to request employment authorization itself. For example: You have a pending Form I-485, Application to  Register Permanent Residence or Adjust Status. You have a pending Form I-589, Application for Asylum and for  Withholding of Removal, or 3) you have a nonimmigrant status that allows you to be in the United States but does  not allow you to work in the United States without first seeking permission from USCIS (such as an F-1 or M-1  student). 

You do not need to apply for an EAD if you are a lawful permanent resident. Your Green Card (Form I-551,  Permanent Resident Card) is evidence of your employment authorization. You also do not need to apply for an EAD  if you have a nonimmigrant visa that authorizes you to work for a specific employer (for example, you have an H 1B, L-1B, O, or P visa). 

Another form is the I-9, Employment Eligibility Verification form. Employers USE Form I-9 to verify the  identity and employment authorization of individuals hired for employment in the United States. All U.S.  employers must properly complete Form I-9 for each individual they hire for employment in the United States. This  includes citizens and noncitizens. On the form, an employee must attest to their employment authorization. The  employee must also present their employer with acceptable documents as evidence of identity and employment  authorization. The employer must examine these documents to determine whether they reasonably appear to be  genuine and relate to the employee, then record the document information on the employee’s Form I-9. See TAB  A for the list of acceptable documents. See Tab B for a copy of the I-9 form (always check for the most current  form & requirements).  

Related Websites 

  1. Employment Authorization Document. https://www.uscis.gov/green-card/green-card-processes-and procedures/employment-authorization-document
  2. I-9, Employment Eligibility Verification, https://www.uscis.gov/i-9

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