EMPLOYMENT AUTHORIZATION DOCUMENTS

Dylan SugiyamaInternational Employment Specialist

North Carolina Office of State Personnel

AGENDA

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

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.

What is an EAD (cont.)?

Grants alien permission to work anywhere in the United States, unless a particular employer has citizenship requirements.

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

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

I-9 Completion

BE AWARE

EAD’s 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 employee’s employment eligibility on or before EAD expiration date

Develop a way of tracking expiration dates, and send reminders to employees to renew EAD cards.

I-9 Completion

YOU MUST ACCEPT AN EAD CARD AS AN ACCEPTABLE DOCUMENT FOR I-9 COMPLETION

DEMANDING ADDITIONAL DOCUMENTATION IS A PUNISHABLE OFFENSE

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 employee’s employment eligibility will not end

Who does not need an EAD?

Greencard Holders Nonimmigrant visa holders Asylees Complete list of categories at 8 CFR

274a.12(b)

Application Process

File for EAD on form I-765

May file electronically using USCIS online form

EAD Online Filing

May not file online if:

Employee is requesting a fee waiver

Employee is filing to request an error correction

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

Components of a complete EAD application

Copy of an I-94 card, front and back

Copy of the employee’s previous EAD

2 photos

Any additional receipts for filing petitions on which the EAD application is based

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

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!

Common EAD fee exemptions

Refugee

Applicant for asylum

Alien granted withholding of deportation

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

Denial of EAD

IF AN EAD APPLICATION IS DENIED, AND THE EMPLOYEE’S ORIGINAL CARD HAS EXPIRED, YOU MUST TERMINATE THAT

PERSON IMMEDIATELY!

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

Quick EAD Guide

1. 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.

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

QUESTIONS????