What is an EAD (Employment Authorization Document) and Who Can Apply?
By Asim Clinch, Immigration Lawyer, Clinch Law Firm
Individuals who rely on visas to continue working in the US may face the risk of losing their jobs due to a change of employer, financial hardship, or other reasons. In such cases, an EAD is a special solution that grants individuals the legal right to work.
This permit is designed specifically for those whose Green Card application process is ongoing but has not yet been finalized. In this article, we will address the EAD. By reading this article, you will be able to find answers to the following questions:
- What is the Purpose of the Compelling Circumstances EAD?
- How Does the Application Process Work?
- Who Can Apply?
- Challenging Conditions – What are the Advantages of EAD?
If you have any questions about the subject other than those mentioned above, please don’t forget that you can send them to me via the comments section below this article, by sending me a message directly on LinkedIn, or through the website of Clinch Law Firm, the immigration law firm of which I am a founding partner!
What is the Purpose of the Compelling Circumstances EAD?
The EAD is intended to help individuals whose visa status ties them to a specific employer overcome the financial and personal hardships that could arise if they lose their job. When evaluating these applications, U.S. Citizenship and Immigration Services (USCIS) focuses on the following criteria:
- Economic Impacts: The financial consequences on the individual and their family in the event of unemployment.
- Societal Impacts: The negative impacts that a lack of work authorization could have on employers, customers, or society in the United States.
- Immigration Compliance: Whether the applicant has demonstrated compliance with past immigration and work permits.
This permission is particularly important for individuals whose Green Card application form I-140 has been approved but who do not yet have a visa number. It also provides a valuable temporary solution for individuals with existing employer-sponsored visas, such as H-1B or L-1, who become unemployed.
How Does the Application Process Work?
Applying for an EAD requires following specific steps. These are the steps to follow during the application process:
- Completing Form I-765: This form, designated by USCIS for work permits, is the basic application form.
- Reasoned Supporting Documents: Documents proving the existence of compelling circumstances (e.g., job loss, health condition, economic hardship).
- Immigration Status Documentation: I-140 approval document, proof of current visa status, and employment contracts, if applicable.
Once the application documents are completed, USCIS begins a thorough review process. All individual circumstances are considered during the application review, and each application is evaluated on its own merits.
Who Can Apply?
Critical Circumstances EAD is suitable for individuals who meet certain criteria:
- Green Card Applicants: Individuals whose I-140 forms have been approved but are awaiting a visa number.
- H-1B or L-1 Visas: Individuals who have had to part ways with their employers and are in the process of finding a new job.
- Nonimmigrant Visa Holders: Individuals whose current visa is about to expire but who can demonstrate compelling circumstances.
The acceptance rate for applications depends on the supporting documentation an individual can provide and the desirability of the case. Each applicant’s past compliance with immigration laws is also taken into account.
Challenging Conditions – What are the Advantages of EAD?
- Temporary Solution: The visa number provides work permit during the waiting period.
- Flexibility: Eliminates employer dependency and creates new job opportunities.
- Support for the Immigration Process: Keeps the Green Card application process running smoothly.
Conclusion
Applying for an EAD can be a complex process. Because each individual’s situation is different, working with an immigration attorney can increase your chances of success. For professional support, detailed information, and consultancy services, you can contact us at clinchlaw.com, info@clinchlaw.com, or LinkedIn.
