We may issue an Employment Authorization Document (EAD) to you as evidence that you can work legally in the United States for a specific time period.
Employment Authorization Eligibility
If you are not a U.S. citizen, you may be in one of three categories of people who are eligible to work in the United States:
- Category 1: You may be authorized to work in the United States because of your immigration status;
- Category 2: You may be authorized to work for a specific employer as a result of your non-immigrant status; or
- Category 3: You may be in an immigration category that requires you to request employment authorization.
What Do I File?
Petitioners use many kinds of forms to file Employment Authorization on behalf of a non-immigrant worker to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 non-immigrant worker. Petitioners may also use these forms to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for an alien. Our Team will help you with the right application for your needs.
Employment Authorization Special Instructions
Inadmissibility on Public Charge Grounds final rule implementation
Petitioners requesting an Employment Authorization extension of stay or change of status on behalf of aliens who are subject to the new public benefit condition do not need to report the receipt of public benefits if such benefits are received before Feb. 24, 2020.
Employment Authorization Extension of Stay Requests for Beneficiaries Who Entered the United States Based on an Approved Blanket L Petition:
All petitioners requesting an extension of stay for a beneficiary who entered the United States based on an approved blanket L petition must file the following:
- Petition for a Non-immigrant Worker,
- Non-immigrant Petition Based on Blanket L Petition and
- A copy of their previously approved Application.
Change of Status Request for Beneficiaries Who are in the United States:
All petitioners requesting a change of status to L-1 based on an approved blanket L petition for a beneficiary who is currently in the United States must file the following:
- Petition for a Non-immigrant Worker, and
- Non-immigrant Petition Based on Blanket L Petition.
Evidence of Petition Approval Needed When Traveling:
Along with a valid passport and visa (if applicable), the alien beneficiary should carry the following documents when traveling to the United States:
- USCIS Employment Authorization petition approval notice
The beneficiary should present Employment Authorization to U.S. Customs and Border Protection when seeking entry or re-entry into the United States in the approved petition employment classification.
Evidence of a petition approval is not a visa and the beneficiary must possess the appropriate non-immigrant visa, if one is required, before applying for admission into the United States.
Application Validity:
When the beneficiary with an approved Employment Authorization is admitted to the United States, U.S. Customs and Border Protection grants the beneficiary a period of stay documented on petition or as noted in the passport or travel document.
If the expiration date on Employment Authorization ends before the end of Petition validity period one of the following must occur before the expiration date on petition or as noted in the passport or travel document:
- A petitioner must file a request for an Employment Authorization Extension of stay on behalf of the beneficiary.
- An application for some other immigration benefit that would allow the beneficiary to remain in the United States must be filed; or
- The beneficiary must depart the United States.
If the non-immigrant worker’s stay is limited as described above, any dependent family members who accompanied or followed to join the beneficiary must also:
- Request an extension of stay.
- Apply for some other immigration benefit that would allow the family member to remain in the United States; or
- Depart the United States, before the expiration date on the family member’s petition or the date noted in the family member’s passport or travel document.