Employment Authorization for Adjustment of Status Applicants

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

If you are applying for permanent residence through the Adjustment of Status process, you may apply for an EAD card.

• Who needs an Employment Authorization Document?
• How do I file?
• What happens after I file?
• How long will it take USCIS to process my application?
• Help with Employment Authorization Documents

Who needs an Employment Authorization Document?

• The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials.
• If you are a U.S. citizen, you do not need an Employment Authorization Document.
• If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States.
• If you are authorized to work for a specific employer, such as a foreign government, you do not need an Employment Authorization Document. Your passport and your Form I-94 (Arrival-Departure Record) proves that you may work in the United States.

How do I file?

General instructions are included with the I-765 employment authorization application, and USCIS posts updates and fees on its web site. The I-765 application is a legal case and mistakes or misrepresentations can jeopardize your chances of being approved for employment authorization. You should carefully review the eligibility requirements, then talk with an immigration lawyer about the specific circumstances of your case. D.Ray Mantle assists clients by making sure the application is complete and includes all of the necessary evidence to support your eligibility.

What happens after I file?

After your petition is filed, USCIS will mail you an official receipt so you can track the processing of your case and will instruct you to appear at an Application Support Center to have your fingerprints and photo taken. If your application is incomplete, USCIS may have to reject it, or ask you for more evidence or information, which will delay processing. Working with an experienced immigration attorney from the beginning will help you avoid errors and delays.

How long will it take USCIS to process my application?

If your application is complete, USCIS is supposed to process your EAD application within 90 days. If your EAD application is based on an I-485 adjustment of status application filed at the same time, USCIS may delay your EAD application if the I-485 application was incomplete.

Help with Employment Authorization Documents

D.Ray Mantle assists families in obtaining positive immigration results in a timely, personal and professional manner. Green card applicants must ensure they are authorized for employment before starting any work.

With the Law Office of D.Ray Mantle, your individual circumstances are carefully reviewed by an experienced immigration attorney to determine which options are available to you. Mr. Mantle provides guidance and help in gathering the necessary information and documents for your case, prepares all of the necessary application forms, and also ensures that your final application meets all government requirements.

Learn how an experienced immigration attorney can help you reach your immigration goals: Why MantleWorks.

If you would like to understand more about the application process and to find out if you need employment authorization, please contact D.Ray Mantle for a consultation.