Employment Authorization

Need to apply for or renew your Employment Authorization Document (EAD)? Learn the process and how Din Law Group can help you get it done.

If you are not a U.S. citizen, green card holder or on a work visa, getting permission to work legally is an essential part of building your life here. For that to happen, you need an employment authorization document (EAD). Acquiring an EAD is often one small step in a larger, more complex immigration journey.

Working with a lawyer is recommended if you want to renew or extend your EAD. At Din Law Group, we help individuals navigate the I-765 form and everything that comes with employment authorization.

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Understanding the Employment Authorization Document

An Employment Authorization Document (EAD), sometimes simply called a work permit, allows non-citizens to work legally in the United States. The EAD’s meaning can feel confusing at first, but in simple terms, it’s proof that you’re eligible to work in the United States.

The document is granted by U.S. Citizenship and Immigration Services (USCIS), usually through Form I-765 (Application for Employment Authorization). The EAD is granted in the form of a card, I-766, likened to a Social Security card.

Employment Authorization - Employment Authorization Document (EAD) - Din Law Group

How Long Does EAD Processing Take?

The EAD processing time depends on your immigration category and the USCIS service center where your case is handled. On average, EAD processing can take up to 3 to 7 months, starting from the day your I-765 form is filed. USCIS posts estimated processing timelines on its official website, which are worth checking for the most current updates.

In some cases, USCIS may issue a Request for Evidence (RFE) if something is missing or unclear in your application, which can delay your case. Once you submit the requested documents, USCIS may take an additional 60 to 90 days to make a final decision.

This is why you need an experienced immigration lawyer to avoid these mistakes and guide you if you receive an RFE.

Who Can Apply for an Employment Authorization Document?

If you have a permanent residence (green card holder) or you’re already working in the U.S. under a nonimmigrant visa like the H-1B, you don’t need to apply for an EAD. Your current status already allows you to work legally. However, you may be eligible to apply for an EAD if you are in one of the following categories:

  1. Pending green card applicants (Applicant with a pending Form I-485)
  2. Asylum seeker (applicant with a pending Form I-589) or someone granted asylum (asylee)
  3. Refugees or paroled refugees
  4. Deferred Action for Childhood Arrivals (DACA) recipients
  5. Temporary Protected Status (TPS) holder
  6. F-1, M-1, or J-1 international student (with qualifying circumstances)
  7. Spouse of an E, L, or J visa holder
  8. K-1 visa holders (fiancé or fiancée of a U.S. citizen)
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What is the EAD Automatic Extension?

The EAD automatic extension allows certain individuals to continue working in the U.S after their card expires, provided they applied for a renewal (Form I-765). The EAD automatic extension is like a safety net for those who applied for a new card before the expiration date and are waiting for the new application to be processed. This legal extension lasts for up to 540 days, starting from the day the current or old EAD expires.

To benefit from the automatic extension:

  • You must have filed your EAD renewal application on time
  • Your eligibility category must be one of the categories listed by USCIS
Employment Authorization - EAD Automatic Extension - Din Law Group
  • You must keep your expired EAD and receipt notice (Form I-797C) as proof of ongoing work authorization

This extension does not apply to new EAD applicants, only renewals in eligible categories.

When to File for Employment Authorization Card Renewal

Timing is everything when it comes to employment authorization card renewal. On average, the EAD processing time for renewals takes 2 to 8 months, depending on your status and the USCIS service center handling the application. If your employment authorization card is close to expiring, submitting for a renewal early helps you avoid gaps in work authorization. We recommend submitting your renewal Form 1-756 at least 180 days before the card’s expiration if you depend on it for your job.

How Din Law Group Can Help You Apply for an Employment Authorization Document

  1. We check your eligibility for an EAD.
  2. We fill out Form I-765 correctly and carefully.
  3. We prepare all necessary documents, such as a copy of your I-94, Government-issued passport, a copy of your last EAD (if applicable), and other documents required by your specific eligibility category.
  4. We mail your application to the correct address or submit it online if possible.
  5. We receive a receipt notice and track your case.
  6. We await approval of the application and handle any requests for evidence.

Schedule a Consultation with Din Law Group

Applying for or renewing an Employment Authorization Document (EAD) can be more stressful than expected. While it seems it’s just the I-756 form that’s required, there are so many underlying legal intricacies to navigate. At Din Law Group, we don’t take a one-size-fits-all approach. We help take the guesswork out of the process by offering clear guidance and dependable support every step of the way.

Schedule a consultation today to discuss your case and explore your legal options.

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