B
O
C
WORK PERMIT:
How can I obtain work permit?
(1). You must be eligible to obtain a work permit. This means,
you must have entered the U.S. with a visa that allows work
authorization.
For example, K-1, V-1, optional practical training, derivative
beneficiaries of E, H, & L visas, etc., or you if you have a
residency application pending and you are eligible to adjust
status and there is a visa immediately available, you may be
eligible to obtain work authorization (the specific point in time at
which you are eligible depends on the specific circumstances of
your entry into the U.S.
You should consult your attorney to identify if you are eligible).
You are not eligible to obtain work authorization with a visitor or
tourist visa.
(2). File an I-765 application with the Immigration Service at
either a local office or at a service center.
Upon approval of the application you will receive the
authorization in the mail.
This process generally takes from 3 to 4 months after the
application is filed and eligibility is established.
How do I renew my work authorization card? How many
months before it expires should I renew it?
To renew your work authorization card, you must file application
I-765 with the Immigration Service, together with the appropriate
filing fees (these vary).
You should apply for renewal 6 months before your work
authorization card expires.
USCIS issues Employment Authorization Documents (EAD)
in the following categories:
Who is Eligible?
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. Please see Form I-765 (Application for Employment
Authorization) for a complete list of the categories of people who
must apply for an Employment Authorization Document to be
able to work in the United States.
How can I obtain work permit?
(1). You must be eligible to obtain a work permit. This means,
you must have entered the U.S. with a visa that allows work
authorization.
For example, K-1, V-1, optional practical training, derivative
beneficiaries of E, H, & L visas, etc., or you if you have a
residency application pending and you are eligible to adjust
status and there is a visa immediately available, you may be
eligible to obtain work authorization (the specific point in time at
which you are eligible depends on the specific circumstances of
your entry into the U.S.
You should consult your attorney to identify if you are eligible).
You are not eligible to obtain work authorization with a visitor or
tourist visa.
(2). File an I-765 application with the Immigration Service at
either a local office or at a service center.
Upon approval of the application you will receive the
authorization in the mail.
This process generally takes from 3 to 4 months after the
application is filed and eligibility is established.
How do I renew my work authorization card? How many
months before it expires should I renew it?
To renew your work authorization card, you must file application
I-765 with the Immigration Service, together with the appropriate
filing fees (these vary).
You should apply for renewal 6 months before your work
authorization card expires.
USCIS issues Employment Authorization Documents (EAD)
in the following categories:
- EAD: This document proves you are allowed to work in the
United States.
- Renewal EAD: You cannot file more than 120 days before
your original employment authorization expires.
- Replacement EAD: This document replaces a lost, stolen,
or mutilated EAD. A replacement EAD also replaces an
EAD that was issued with incorrect information, such as a
misspelled name.
Who is Eligible?
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. Please see Form I-765 (Application for Employment
Authorization) for a complete list of the categories of people who
must apply for an Employment Authorization Document to be
able to work in the United States.
BOGLE
OKOYE
CHANG
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BOGLE & CHANG, LLC
Copyright © 2010 Bogle & Chang, LLC. All Rights Reserved.
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Questions: Work Permit
How Can I Appeal?
If your application for an Employment
Authorization Document is denied, you will
receive a letter that will tell you why the
application was denied. You will not be allowed to
appeal a negative decision to a higher authority.
However, you may submit a Motion to Reopen
or a Motion to Reconsider with the office that
made the unfavorable decision. By filing these
motions, you may ask the office to reexamine or
reconsider their decision.
A motion to reopen must state the new facts
that are to be provided in the reopened
proceeding and must be accompanied by
affidavits or other documentary evidence.
A motion to reconsider must establish that the
decision was based on an incorrect application of
law or USCIS policy, and further establish that the
decision was incorrect based on the evidence in
the file at the time the decision was made.
If your application for an Employment
Authorization Document is denied, you will
receive a letter that will tell you why the
application was denied. You will not be allowed to
appeal a negative decision to a higher authority.
However, you may submit a Motion to Reopen
or a Motion to Reconsider with the office that
made the unfavorable decision. By filing these
motions, you may ask the office to reexamine or
reconsider their decision.
A motion to reopen must state the new facts
that are to be provided in the reopened
proceeding and must be accompanied by
affidavits or other documentary evidence.
A motion to reconsider must establish that the
decision was based on an incorrect application of
law or USCIS policy, and further establish that the
decision was incorrect based on the evidence in
the file at the time the decision was made.
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