Application for Employment Authorization
Are you looking to apply for employment authorization but not sure where to start? This article will provide you with a comprehensive guide on the application process, requirements, and important considerations.
Key Takeaways:
- The application for employment authorization allows individuals to legally work in the United States.
- Eligibility for employment authorization depends on factors such as immigration status and circumstances.
- Properly completing the application and submitting necessary documentation are crucial for a successful outcome.
- Processing times for employment authorization applications vary, so it’s important to plan accordingly.
Overview
Obtaining employment authorization is an essential step for individuals who are not U.S. citizens or permanent residents but wish to work in the country. The Form I-765, Application for Employment Authorization, is the primary document applicants must submit to the U.S. Citizenship and Immigration Services (USCIS) to request authorization to legally work. *Applicants must ensure they meet the eligibility criteria and provide all required supporting documents*.
Eligibility Criteria
Eligibility for employment authorization depends on various factors, including immigration status, visa type, pending applications or petitions, and unique circumstances. Some common categories that may qualify for employment authorization include:
- Asylum applicants
- Refugees
- Foreign students
- Temporary protected status beneficiaries
- Dependent spouses of certain visa holders
| Eligibility Category | Additional Requirements |
|---|---|
| Asylum applicants | Include a copy of the Form I-94 and evidence of a pending asylum application |
| Refugees | Attach a copy of the Form I-94, refugee travel document, or other proof of refugee status |
| Foreign students | Submit a copy of the Form I-94, Form I-20, and proof of financial support |
Application Process
The application process for employment authorization involves completing the Form I-765 thoroughly and accurately, gathering necessary supporting documents, and submitting the application to the appropriate USCIS office. *It is essential to review the latest version of the form and instructions to ensure compliance with any recent changes.* Once the application is submitted, USCIS will review and process the request.
Processing Times
Processing times for employment authorization applications can vary depending on several factors, such as the USCIS workload, the applicant’s immigration status, and the USCIS service center handling the request. While USCIS strives to process applications promptly, it is crucial to plan accordingly and consider potential delays. *Checking the USCIS website or reaching out to their customer service can provide estimated processing times for employment authorization applications.*
| USCIS Service Centers | Average Processing Time |
|---|---|
| California | 3-5 months |
| Texas | 4-6 months |
| Vermont | 3-5 months |
Next Steps
After submitting an employment authorization application, it is crucial to remain patient and await a decision from USCIS. During this time, it is recommended to check the status of the application regularly and be prepared for potential requests for further evidence or an interview. *Once the application is approved, individuals can legally work in the United States and should promptly notify their employers of their newly acquired authorization.*
Applying for employment authorization can be a complex process, but with the right information and proper preparation, individuals can navigate through it successfully. Keep in mind, each case is unique, and seeking professional advice from an immigration attorney or accredited organization may be beneficial.
Common Misconceptions
Misconception: Applying for Employment Authorization is only necessary for non-US citizens
One common misconception regarding the application for Employment Authorization is that it is only required for individuals who are not US citizens. However, this is not true as there are certain circumstances where even US citizens may need to apply for employment authorization.
- US citizens who have recently returned from living abroad may need to apply for Employment Authorization if they plan to work in the United States.
- Individuals who hold certain visa statuses, such as those seeking asylum or those with temporary protected status, may also need to apply for employment authorization.
- Students on certain visas, like F or M visas, may need to obtain employment authorization if they want to work while studying in the US.
Misconception: Employment Authorization is automatically granted once the application is submitted
Another misconception is that employment authorization is automatically granted as soon as the application is submitted. In reality, the approval process can take some time and there may be additional steps or requirements that need to be fulfilled before authorization is granted.
- After submitting the application, it may be necessary to attend an in-person appointment or interview to provide further documentation or answer any questions.
- The application may be subject to background checks or other forms of verification, which can prolong the approval process.
- In some cases, an application for employment authorization may be denied, and the individual would need to address any issues before reapplying.
Misconception: Employment Authorization is the same as a work visa
A common misconception is that Employment Authorization is interchangeable with a work visa. While both provide authorization to work in the United States, they are distinct in terms of their requirements and the benefits they confer.
- Employment Authorization is often sought by individuals who are already present in the United States for other reasons, such as studying or seeking asylum.
- Work visas, on the other hand, are typically sought by individuals who are applying from outside the United States specifically for the purpose of employment.
- The application process and eligibility criteria for Employment Authorization and work visas may differ.
Misconception: Employment Authorization is only required for full-time positions
There is a misconception that employment authorization is only necessary for full-time positions. However, employment authorization can be required for both full-time and part-time employment, depending on the individual’s immigration status and visa category.
- Students on certain visas may have limited work authorization during their studies, and this includes part-time employment.
- Individuals with certain visa categories, such as the H-1B visa, may have employment authorization specifically tied to their employer and may need to apply for a new authorization if they change jobs.
- Regardless of the hours worked, it is crucial to comply with the employment authorization requirements stipulated by the US government.
Misconception: Employment Authorization is permanent
Many people mistakenly believe that employment authorization is a permanent authorization to work in the United States. However, employment authorization typically has an expiration date and may need to be renewed in order to continue working legally.
- The length of employment authorization can vary depending on the individual’s immigration status. It may range from a few months to several years.
- Individuals with certain visa statuses, such as those seeking asylum or those with temporary protected status, may have employment authorization that is valid for a specific period of time.
- It is important to keep track of the expiration date of employment authorization and submit a renewal application in a timely manner to avoid any gaps in employment eligibility.
Top 10 Countries with Highest Employment Authorization Applications
In this table, we present the top 10 countries with the highest number of employment authorization applications.
Percent Change in Employment Authorization Applications by Country
This table shows the percentage change in employment authorization applications for each country over the past year.
Employment Authorization Application Processing Times by Country
This table provides the average processing times for employment authorization applications in different countries.
Reasons for Employment Authorization Application Rejection
Here, we list the common reasons why employment authorization applications are rejected by immigration authorities.
Average Age of Individuals Applying for Employment Authorization
This table displays the average age of individuals who have applied for employment authorization.
Education Levels of Applicants for Employment Authorization
Here, we showcase the education levels of applicants who have sought employment authorization.
Employment Authorization Application Fees by Country
This table demonstrates the fees associated with filing employment authorization applications in different countries.
Employment Authorization Application Approval Rates by Sector
In this table, we present the percentage of employment authorization applications approved in various sectors of the economy.
Top 10 Professions with Highest Employment Authorization Demand
Here, we outline the top 10 professions with the highest demand for employment authorization.
Average Income of Individuals Granted Employment Authorization
This table displays the average income of individuals who have been granted employment authorization.
In this article, we explore employment authorization applications and delve into various aspects related to this process. The tables highlight different metrics, such as the countries with the highest application numbers, processing times, common rejection reasons, applicant demographics, and sector-specific approval rates. The data provides valuable insights into the global landscape of employment authorization, shedding light on key trends and patterns. Understanding employment authorization practices and statistics is vital for individuals seeking authorization and stakeholders involved in immigration policies.
Frequently Asked Questions
What is an Employment Authorization?
Employment Authorization, also known as a work permit, is a document issued by the U.S. Citizenship and Immigration Services (USCIS) that allows individuals who are not U.S. citizens or permanent residents to work legally in the United States for a specific period of time.
Who is eligible to apply for Employment Authorization?
Eligibility for Employment Authorization can vary based on immigration status. In general, individuals who are in the United States on certain nonimmigrant visa categories, individuals who have filed for certain types of immigration benefits, and asylum seekers are eligible to apply for Employment Authorization. It is recommended to consult with an immigration attorney or review USCIS guidelines to determine specific eligibility requirements.
How long does the Employment Authorization process take?
Processing times for Employment Authorization applications can vary. USCIS typically takes around 90 days to process an application, but it is important to check USCIS website for the most up-to-date processing times. Delays can occur due to various factors such as incomplete applications, additional requests for evidence, or changes in USCIS workload.
What documents are required to apply for Employment Authorization?
The documents required for an Employment Authorization application can vary depending on the individual’s immigration status and circumstance. Generally, applicants are required to submit Form I-765 (Application for Employment Authorization), supporting documentation establishing eligibility, and the required filing fee. Supporting documents may include a copy of the individual’s passport, I-94 arrival/departure record, visa approval notice, and proof of eligibility category.
How much does it cost to apply for Employment Authorization?
The filing fee for an Employment Authorization application is subject to change, so it is crucial to verify the most current fee on the USCIS website. As of 2021, the filing fee is $550, which covers Form I-765 and biometric services.
Can I work legally while my Employment Authorization application is pending?
If you have properly filed an Employment Authorization application, you may be eligible to work legally in the United States while your application is pending. This is possible through the provision of an Automatic Employment Authorization Document (EAD) that is typically issued for certain nonimmigrant visa holders.
Can my Employment Authorization be extended?
Yes, in many cases, Employment Authorization can be extended if the individual still meets the necessary eligibility requirements. It is important to file for an extension well before the expiration date to ensure uninterrupted employment eligibility. Review the USCIS guidelines or consult with an immigration attorney to understand the specific requirements and process for extension applications.
Can I apply for Employment Authorization if I have a pending asylum application?
Yes, individuals who have filed a pending asylum application are generally eligible to apply for Employment Authorization. Asylum seekers should file Form I-765 along with their Form I-589 (Application for Asylum and for Withholding of Removal). It is recommended to consult with an immigration attorney or review USCIS guidelines for specific instructions on filing for Employment Authorization based on asylum applications.
What happens if my Employment Authorization application is denied?
In the unfortunate event that your Employment Authorization application is denied, the USCIS will provide a written explanation for the denial. It is crucial to review the reasons for denial and consult with an immigration attorney to understand the options available. Sometimes, it might be possible to appeal the decision or reapply with additional evidence to support the eligibility criteria.
Is it possible to work legally in the United States without Employment Authorization?
In most cases, it is not legal to work in the United States without Employment Authorization. There are limited exceptions such as certain visa categories that inherently provide work authorization. However, it is essential to have proper employment authorization to avoid potential legal consequences, including removal from the United States.
