Understanding of Work Permit (EAD) Eligibility Requirements

Understanding of Work Permit (EAD) Eligibility Requirements

When a foreign national (non-U.S. citizen) applies an employment authorization document (EAD)using Form I-765, and USCIS determines eligibility based on these regulations. The Code of Federal Regulations (CFR) 8 CFR Part 274a controls the Employment Authorization Documents (EADs) of aliens including the other specific categories of foreign nationals eligible for work authorization, such as asylum seekers or pending green card applicants. Especially, the tile 8 CFR Part 274a consists three specific parts the following.

  • Title 8 CFR § 274a.12 —-> Lists the specific classes of aliens eligible for employment authorization

  • Title 8 CFR § 274a.13 —-> Outlines the application process for an EAD

  • Title 8 CFR § 274a.2 —-> Covers the requirements for verifying identity and employment authorization.

Deniable reasons of EAD

Regardless of any types of EAD applications, USCIS has extraordinary authority per U.S. Congress for either granting or denying the application. The following facts are some examples of deniable reasons by USCIS such as:

  • If applicants fail to attend their biometric services appointment

  • If the applicant fails to attend their asylum interview appointment

  • If there is insufficient filing fee in the application, if applicable

  • If the applicant fails to sign application properly

  • When failed to submit two identical color passport-style photographs of applicant

Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.

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