Employment Authorization Eligibilities: What You Need to Know

Employment authorization is essential for individuals who are not U.S. citizens or permanent residents to work in the United States. Here’s what you need to know about employment authorization eligibilities:

Who is Eligible for Employment Authorization?

Several categories of individuals may be eligible for employment authorization in the United States, including:

1. Asylum seekers

2. Refugees

3. Deferred Action for Childhood Arrivals (DACA) recipients

4. Individuals in the United States who are waiting for a decision on their adjustment of status application

5. Students on certain visas, such as F-1 and M-1 visas

6. Spouses of certain visa holders, such as H-1B visas

7. Temporary Protected Status (TPS) recipients

How Can I Apply for Employment Authorization?

Eligible individuals can apply for employment authorization through the U.S. Citizenship and Immigration Services (USCIS) by submitting Form I-765, Application for Employment Authorization, along with supporting documentation and the appropriate fees.

The supporting documentation required will vary depending on the individual’s eligibility category. For example, asylum seekers will need to provide evidence of their asylum application, while DACA recipients will need to provide evidence of their DACA status.

What are the Processing Times for Employment Authorization?

Processing times for employment authorization can vary significantly, depending on the volume of applications and the eligibility category. Generally, USCIS takes up to 90 days to process employment authorization applications, but it is not unusual for the process to take longer.

It is important to note that individuals who have filed an application for employment authorization may be allowed to begin working before the application is approved if certain eligibility criteria are met.

What Documents are Required for Employment Authorization?

The documents required for employment authorization will vary depending on the category of eligibility. Generally, applicants will need to provide the following documentation:

1. Form I-765, Application for Employment Authorization

2. USCIS filing fee

3. Two passport-style photos

4. Evidence of eligibility, which may include:

    – Copy of a passport or other government-issued identification document

    – Copy of Form I-94, Arrival/Departure Record

    – Evidence of immigration status, such as a visa or approval notice

In conclusion, employment authorization eligibilities are important for individuals who wish to work in the United States and are not citizens or permanent residents. It is important to understand the eligibility requirements and the process of applying for employment authorization to ensure a seamless and successful process. Seeking the assistance of an experienced immigration attorney can also be valuable in navigating the process and ensuring that all requirements are met.