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 an individual is not a citizen or a lawful permanent resident, that individual may need to apply for an Employment Authorization Document (EAD) to prove he may work in the United States. Show Certain classes of applicants for immigration benefits are entitled to an interim employment authorization document (EAD), which is a Department of Homeland Security (I-688B / I-766) document issued to certain categories of aliens who are not legal permanent residents (LPR). An EAD gives a person legal status to work in the United States but has fewer privileges than a green card. It shows an expiration date (usually one year from date issued) and is renewable. Any alien with a valid Employment Authorization Document (Form I-766 or Form I-688B) can be issued a Social Security number. There are instances when an EAD is required for a foreign student before a Social Security number can be assigned. Eligibility Nonresident Aliens entitled to an EAD document:
Category Designation The basis for the EAD can be identified via the category designation in the center front of the card. The eligibility code on the EAD should describe why the NRA has the EAD, which usually gives some clue to the underlying immigration status. Designation "C" in the center of the card (i.e. C09 or 274a.12c):
Designation "A":
EAD Categories The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) issues EADs in the following categories:
Other Employment Authorizations 8 CFR 274a.12(b) lists employer-specific aliens who do not get EADs, but use their endorsed I-94 as employment authorization documents. This group includes but is not limited to E, H, I, J, L, O, P, R, and TN aliens. The only time an H-1B will have an employment authorization card is if their employer has sponsored them (or they've self-petitioned) for a green card and they've gotten the EAD from filing an I-765 with the green card paperwork. The most common scenario is that the cardholder was "sponsored" for permanent residence by a U.S. employer or relative, such as a spouse. In this case, an H-1B alien can apply for an adjustment-based EAD when the "sponsor" files the petition. The category in this case is C09. An H-1B in this case can work either under H-1B status or unrestricted under the EAD. Not Work-Authorized 8 CFR 274a.12(c) lists aliens who are not work-authorized incident to status, but are entitled to apply for employment authorization (EADs). They may not, accordingly, work in the United States until they apply for and receive EADs. A-1 / A-2: Dependents of foreign diplomatic personnel may be employed with prior DOS and CIS approval and are eligible for unrestricted temporary work authorization for the duration of the principal A-2s assignment. Those A-2s have EADs and may work, including self-employment.
Contact Us Payroll & International Taxation What are examples of employment authorization documents?Form I-9 Acceptable Documents. Documents that Establish Both Identity and Employment Authorization. ... . U.S. Passport or U.S. Passport Card.. Form I-551, Permanent Resident Card or Alien Registration Receipt Card. ... . Form I-766, Employment Authorization Document Card.. How do I get proof of employment authorization?To prove employment authorization, USCIS will accept:. a Social Security card.. a U.S. birth or birth abroad certificate.. a Native American tribal document.. a U.S. citizen ID card.. a resident citizen ID card, or.. unexpired employment authorization documents issued by the Department of Homeland Security.. WHO issues an employment authorization document?USCIS issues the following types of EADs: Initial EAD: This document proves you are allowed to work in the United States. Renewal EAD: This document renews your initial EAD. Generally, you should not file for a renewal EAD more than 180 days before your original EAD expires.
How do I verify employment with the Department of Homeland Security?You can call DHS at 888-897-7781 (TTY: 877-875-6028) to speak to a representative, who will help you work through the details of your case. Or, if you have a myE-Verify account, you can also electronically submit documents to DHS that show your employment authorization.
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