People who are temporarily in the United States, require a work permit, which is the Employment Authorization Document (EAD), to work in America. This document will authorize the holder to work legally in the United States. A foreign national may obtain this work permit by filing Form I-765, Application for Employment Authorization.
US employers are allowed hire foreign nationals. But before they could hire a foreign citizen, they must make sure that the selected employee is allowed to work in the United States. A foreign citizen, who is not a US citizen or a lawful permanent resident, may be eligible for employment authorization under one of the three categories designated by the USCIS.
A lawful permanent resident and a US citizen do not require a work permit to work in the United States, their Green Card and American citizenship status is proof of employment authorization in the United States. A person who is authorized to work for a specific US employer also does not require an EAD. They can provide their passport or the arrival or departure record (Form I-94), to demonstrate that they are authorized to work for that specific employer in America.
As a foreign national, you may be authorized to work in America based on your non-immigrant status. According to the second category, you may be authorized to work for a particular US employer based on your non-immigrant status. The third category is the one through which you may obtain permission to work in the United States by filing an application requesting permission to work.
People who fall in the first and third categories, must apply for an Employment Authorization Document by filing Form I-765. People who have a pending Form I-485, Application to Register Permanent Residence or Adjust Status also must apply for employment authorization with the Form I-765, Application for Employment Authorization. This document, which is granted for a period of one year, is a proof that you may show to the US employer to establish that you are permitted to work in America.
This work permit or the Employment Authorization Document is issued by the USCIS as a proof that the foreign national is allowed to work in America for a specific period of time based on the immigration status. Form I-765 is also used to renew or replace an expired or lost EAD. The application for EAD may be e-filed and the paper version of the form may also be filed, with certain restrictions.
Form I-765, Application for Employment Authorization, must be filed along with the required filing fee. You must also submit a copy of the identity document issued by the government such as passport, visa issued by the foreign consulate or other national identity document with your photograph or fingerprint and photographs as per the requirement.
After the USCIS receives your application for employment authorization, the form will be checked for accuracy and if more information is required, you will be called for an interview where you will be required to submit the original documents for verification. After verification, if you are found to be eligible for work permit in America, your application will be approved and your Employment Authorization Document will be mailed to you or you may collect it from the local USCIS office.
