FAQ for Employment Authorization Document (EAD)
Unlocking the Path to Legitimate Employment for Foreigners
The pursuit of opportunities in the United States often leads many foreigners, including international students, workers, and workers’ spouses, to seek an Employment Authorization Document (EAD). As this pivotal document plays a crucial role in enabling individuals to make a living in the U.S., a multitude of questions inevitably arise. This article seeks to address frequently asked questions about EAD, providing valuable insights into its benefits, application process, and recent policy updates.
1. What are the benefits of having an EAD?
The Employment Authorization Document (EAD) grants foreigners the right to accept employment in the U.S. for a specific period, particularly while their Adjustment of Status application is pending. This flexibility allows individuals to work with employers other than their H‐1B sponsors.
2. Can I apply for an EAD when I’m outside the U.S.?
No, an EAD can only be filed from within the U.S. and is submitted by the applicant.
3. Do I need a job offer to apply for an EAD?
No, applicants do not require a job offer to obtain an EAD.
Pro Tip: Check out companies that offer jobs with visa sponsorships.
4. Can I change employers with an EAD?
Yes, the U.S. Citizenship and Immigration Services (USCIS) allows flexibility in changing employers or working for multiple employers as the authorization is not employer-specific.
5. Can applicants who did not apply for EAD concurrently with their Adjustment of Status apply later?
Yes, applicants who did not initially file for EAD with their adjustment of status application may apply for EAD at a later date without an additional filing fee.
6. If I use the EAD for employment other than with my H-1B or L-1 sponsor, does this impact my family members’ status?
Yes, using the EAD for employment outside of the sponsoring employer may affect the status of family members, necessitating the acquisition of Advance Parole.
7. Why do I need to extend my H-1B or L-1 status now that I have my EAD?
Maintaining H-1B or L-1 status prevents gaps in employment authorization and facilitates travel outside the U.S. There is no grace period after an EAD expires.
8. Can my family members also work using an EAD?
Yes, spouses and minors can obtain EADs, granting them the right to accept employment while their Adjustment of Status applications are pending.
9. Can I maintain H-1B or L-1 status if my family members use EADs?
Yes, the principal applicant can maintain H-1B or L-1 status even if family members use EADs. However, the dependents must travel using Advance Parole.
10. How long is the processing time of EAD?
Processing times vary based on visa type and service center. On average, it takes 7 to 11 months to process an H-4 spouse’s EAD application.
Navigating the complexities of Employment Authorization Documents is crucial for those seeking a foothold in the U.S. job market. Stay informed, adhere to guidelines, and ensure a seamless transition into legitimate employment with your EAD.
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