EMPLOYMENT AUTHORIZATION DOCUMENTS

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EMPLOYMENT AUTHORIZATION DOCUMENTS Powered By Docstoc
					EMPLOYMENT
AUTHORIZATION
DOCUMENTS

                     Dylan Sugiyama
  International Employment Specialist
        North Carolina Office of State
                            Personnel
AGENDA
   Define EAD
   Examples of Eligibility
   I-9 Completion
   EAD Application Process
   Fees and fee exemptions
   Denials of EAD
   Quick Reminders
What is an Employment
Authorization Document (EAD)?

   Certain aliens who are temporarily in the U.S.
    can be eligible to apply for permission to work

   An EAD proves that a person is allowed to
    work, at least temporarily, in the U.S.
What is an EAD (cont.)?


   Grants alien permission to work anywhere in
    the United States, unless a particular
    employer has citizenship requirements.
What is an EAD (cont.)?

            AN EAD IS NOT A VISA!

   A visa grants a person permission to enter
    the United States

   A person holding an EAD without a visa is not
    free to come and go from the United States
Common Examples of EAD
Eligibility

   Asylees and asylum seekers

   Students seeking certain types of employment

   Greencard applicants

   Fiances of American citizens

   See http://uscis.gov/graphics/formsfee/forms/i-
    765.htm for a complete list of eligible categories
I-9 Completion
BE AWARE

   EAD’s are typically valid for 1 year

   Aliens will check box 3 in I-9 section 1 stating that they are
    authorized to work until a particular date

   Reverify employee’s employment eligibility on or before EAD
    expiration date

   Develop a way of tracking expiration dates, and send reminders
    to employees to renew EAD cards.
I-9 Completion
   YOU MUST ACCEPT AN EAD CARD AS AN
    ACCEPTABLE DOCUMENT FOR I-9
    COMPLETION

   DEMANDING ADDITIONAL
    DOCUMENTATION IS A PUNISHABLE
    OFFENSE
I-9 Completion
   Advise EAD holders to submit a renewal
    application 4 months prior to the expiration of
    their current card

   Increase the likelihood that your employee’s
    employment eligibility will not end
Who does not need an EAD?

   Greencard Holders
   Nonimmigrant visa holders
   Asylees
   Complete list of categories at 8 CFR
    274a.12(b)
Application Process


   File for EAD on form I-765

   May file electronically using USCIS online
    form
EAD Online Filing


May not file online if:

   Employee is requesting a fee waiver

   Employee is filing to request an error
    correction
Visa categories that do not allow
online filing

   Temporary resident
   K-3 or K4 Nonimmigrant (Fiance)
   Temporary Protected Status (TPS) – initial
    filing
   Optional Practical Training
   V-1, V-2, V-3 (Spouse/child of LPR)
   See
    http://uscis.gov/graphics/formsfee/forms/files/
    Guide11.pdffor complete list
Components of a complete EAD
application

   Copy of an I-94 card, front and back

   Copy of the employee’s previous EAD

   2 photos

   Any additional receipts for filing petitions on
    which the EAD application is based
Interim Employment Authorization
   If there is no decision on EAD application
    within 90 days, applicant is entitled to interim
    authorization until a decision is made
   30 days for asylum applicants
   Bring dated EAD application receipt to local
    immigration office for interim card
EAD Fees
   Applicants must pay $340.00 fee unless they
    qualify for an exemption
   If the person filed a Form I-485, Application to
    Register Permanent Residence or Adjust
    Status, on July 30, 2007, or after, then no
    fee is required to file a request for
    employment authorization on Form I-765.
    Include a copy of the I-485 receipt.
   Fee is paid by applicant, not employer!
Common EAD fee exemptions

   Refugee

   Applicant for asylum

   Alien granted withholding of deportation
Denial of EAD

   No appeal available

   Applicant may move to reopen the case if
    new evidence exists or the decision for denial
    was based on an incorrect application of law
Denial of EAD

 IF AN EAD APPLICATION IS DENIED, AND
   THE EMPLOYEE’S ORIGINAL CARD HAS
   EXPIRED, YOU MUST TERMINATE THAT
          PERSON IMMEDIATELY!
Termination of EAD
Immigration may terminate a valid employment
  authorization if:

   Deportation proceedings are instituted

   Prior to expiration, any condition upon which
    authorization was based has not been met or no
    longer exists

   False information is discovered
Quick EAD Guide

1.   You must accept an EAD as a method of I-9
     completion. Refusal of that document is a
     punishable offense.

2. Encourage EAD holders to renew their card
    4 months before expiration to avoid loss of
    employment eligibility.
Quick EAD guide

3.Advise EAD holders of their eligibility for
  Interim EAD

4.Terminate an employee immediately if their
  EAD expires….even if they are waiting for
  their renewal to be processed
QUESTIONS????