EMPLOYMENT AUTHORIZATION DOCUMENTS. Dylan Sugiyama International Employment Specialist North Carolina Office of State Personnel. AGENDA. Define EAD Examples of Eligibility I-9 Completion EAD Application Process Fees and fee exemptions Denials of EAD Quick Reminders.
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EMPLOYMENT AUTHORIZATION DOCUMENTS Dylan Sugiyama International Employment Specialist North Carolina Office of State Personnel
AGENDA • Define EAD • Examples of Eligibility • I-9 Completion • EAD Application Process • Fees and fee exemptions • Denials of EAD • Quick Reminders
What is an Employment Authorization Document (EAD)? • Certain aliens who are temporarily in the U.S. can be eligible to apply for permission to work • An EAD proves that a person is allowed to work, at least temporarily, in the U.S.
What is an EAD (cont.)? • Grants alien permission to work anywhere in the United States, unless a particular employer has citizenship requirements.
What is an EAD (cont.)? AN EAD IS NOT A VISA! • A visa grants a person permission to enter the United States • A person holding an EAD without a visa is not free to come and go from the United States
Common Examples of EAD Eligibility • Asylees and asylum seekers • Students seeking certain types of employment • Greencard applicants • Fiances of American citizens • See http://uscis.gov/graphics/formsfee/forms/i-765.htm for a complete list of eligible categories
I-9 Completion BE AWARE • EAD’s are typically valid for 1 year • Aliens will check box 3 in I-9 section 1 stating that they are authorized to work until a particular date • Reverify employee’s employment eligibility on or before EAD expiration date • Develop a way of tracking expiration dates, and send reminders to employees to renew EAD cards.
I-9 Completion • YOU MUST ACCEPT AN EAD CARD AS AN ACCEPTABLE DOCUMENT FOR I-9 COMPLETION • DEMANDING ADDITIONAL DOCUMENTATION IS A PUNISHABLE OFFENSE
I-9 Completion • Advise EAD holders to submit a renewal application 4 months prior to the expiration of their current card • Increase the likelihood that your employee’s employment eligibility will not end
Who does not need an EAD? • Greencard Holders • Nonimmigrant visa holders • Asylees • Complete list of categories at 8 CFR 274a.12(b)
Application Process • File for EAD on form I-765 • May file electronically using USCIS online form
EAD Online Filing May not file online if: • Employee is requesting a fee waiver • Employee is filing to request an error correction
Visa categories that do not allow online filing • Temporary resident • K-3 or K4 Nonimmigrant (Fiance) • Temporary Protected Status (TPS) – initial filing • Optional Practical Training • V-1, V-2, V-3 (Spouse/child of LPR) • See http://uscis.gov/graphics/formsfee/forms/files/Guide11.pdffor complete list
Components of a complete EAD application • Copy of an I-94 card, front and back • Copy of the employee’s previous EAD • 2 photos • Any additional receipts for filing petitions on which the EAD application is based
Interim Employment Authorization • If there is no decision on EAD application within 90 days, applicant is entitled to interim authorization until a decision is made • 30 days for asylum applicants • Bring dated EAD application receipt to local immigration office for interim card
EAD Fees • Applicants must pay $340.00 fee unless they qualify for an exemption • If the person filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. Include a copy of the I-485 receipt. • Fee is paid by applicant, not employer!
Common EAD fee exemptions • Refugee • Applicant for asylum • Alien granted withholding of deportation
Denial of EAD • No appeal available • Applicant may move to reopen the case if new evidence exists or the decision for denial was based on an incorrect application of law
Denial of EAD IF AN EAD APPLICATION IS DENIED, AND THE EMPLOYEE’S ORIGINAL CARD HAS EXPIRED, YOU MUST TERMINATE THAT PERSON IMMEDIATELY!
Termination of EAD Immigration may terminate a valid employment authorization if: • Deportation proceedings are instituted • Prior to expiration, any condition upon which authorization was based has not been met or no longer exists • False information is discovered
Quick EAD Guide • You must accept an EAD as a method of I-9 completion. Refusal of that document is a punishable offense. 2. Encourage EAD holders to renew their card 4 months before expiration to avoid loss of employment eligibility.
Quick EAD guide 3.Advise EAD holders of their eligibility for Interim EAD 4.Terminate an employee immediately if their EAD expires….even if they are waiting for their renewal to be processed