Importance of Work Authorization Document (EAD)

Who is required to apply for a work authorization document with USCIS?

U.S. citizens, either born or naturalized, are legally authorized to work in the United States and they do not require any permits to work. However, U.S. employers are required to verify the work authorization of all employees, including U.S. citizens and foreign nationals, completing the employment verification Form I-9. This form ensures that all employees are legally allowed to work in the U.S. Generally, for certain foreign citizens, they must have the correct immigration status in the U.S., and they may need a work authorization document to work legally in the U.S. For the immigration purpose, an employment authorization card is an identification document that shows proof of applicant / requestor’s right to work in the United States. However, a Lawful Permanent Resident (LPR) are also authorized to work in the U.S., and they do not need to apply a work authorization document. Also, the other applicant / requestor does not need to apply for an EAD if they have a nonimmigrant status that authorizes them to work for a specific employer (for example: an H-1B, L-1B, O, or P nonimmigrant status).

Can a person concurrently apply other EAD if eligible?

Generally, to obtain the legal work authorization document, the first step is to apply for a USCIS Form I-766 employment authorization document. According to the title 8CFR § 274a.13(a), an applicant / requestor requesting employment authorization or an Employment Authorization Document (EAD document or Form I-766), or both, may be required to apply on a form designated by USCIS with any prescribed fee(s) in accordance with the form instructions. They may file other eligible request concurrently with a related benefit request. For example, a person who filed the EAD based on TPS status and they may also apply EAD for the other eligible categories such as DACA etc.

What factors are considered for EAD approval?

According to the title 8CFR § 274a.13(a)(1), the approval of applications are within the discretion of USCIS, and the applicant / requestor must provide information regarding his or her assets, income, and expenses. However, there is exception for the EAD applicant if his / her case is pending under the title 8 CFR 274a.12(c)(8).

Ways to lose the EAD  

Generally, a work authorization document, an EAD, can be lost or become invalid for several reasons. For example: expiration of EAD without extension, loss or theft, or changes in immigration status. Specifically, if an applicant loses their underlying immigration status, their EAD (even if it has not expired) may also become invalid immediately. For example: the basis for their (qualified) EAD changes, such as losing your visa status or being subject to removal proceedings, the EAD may become invalid effectively. Other example: If an EAD is obtained based on a pending asylum application and the applicant loses that status, the EAD may also become invalid immediately even if it has not expired.

Can work authorization be revoked?

For the short answer is “Yes”, and USCIS can revoke the work authorization in the U.S. if an individual fails to meet the certain conditions of their visa status / immigration status changes or is revoked, or the applicant / requestor engages in unlawful activities in the U.S. According to the title 8 C.F.R. § 274a.14 (b), the Department of Homeland Security (DHS) also has the authority to terminate parole programs or revoke the work authorization (EAD) at any time. In addition, the employers may revoke their petitions (Immigration Petitions for Alien Workers), that would lead to revocation of applicant / beneficiary’s LPR status and work authorization document.