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EAD

Employment Authorization Document (EAD)

What is an EAD?  

Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), which authorizes them to work legally in the U.S. during the time the EAD is valid.  

Why does my new EAD look different than my prior one?  

USCIS has enhanced the EAD with new security features to reduce fraud. This is part of USCIS’s ongoing efforts to improve the integrity of the 
immigration process. USCIS will replace EADs already in circulation with the new security enhanced EADs as individuals apply for the renewal or 
replacement of their current EAD.  

How do I know if I can get an Employment Authorization Document (EAD)? 

Whether you can obtain, or even if you need, an EAD depends upon what status you have in the United States or, many times, if you have filed or 
are filing for certain other benefits. 

 • If you are in, or want to be in, a valid nonimmigrant category, including a NATO category

• If you are an asylee or refugee

• If you have, or are filing for, Temporary Protected Status (TPS) 

• If you are filing a Form I-485, Application for Permanent Resident Status, you can apply for employment authorization at the same time you file your I-485 or at any time while your I-485 is pending. 

• If you are filing, or have filed for political asylum on Form I-589

• You may also be able to apply for employment authorization if: 

o You have been granted deferred action by USCIS or ICE, 

>o You have been granted voluntary return under the Family Unity program, or 

o You are under an order of supervision issued after receiving a final order of deportation or removal from an immigration court.  

How do I apply for an Employment Authorization Document?  

To apply for an Employment Authorization Document, use USCIS Form I-765. &nbssp;

When should I file for an extension of my employment authorization?  

You should not file more than 120 days before the expiration date shown on your current employment authorization document; however, you 
should file 90 days before the expiration date.   

How do I get the Form I-765 "Application for Employment Authorization” (EAD)?  

The Form I-765 can be obtained by downloading it from the USCIS website at www.uscis.gov 
 Note: E- filing may also be available on certain categories on the I-765. 

Under the “I am applying for” area of the form, there are three different blocks. Which one should I check?  

• Initial EAD (this is your first application under a specific category), 

• A Renewal EAD (an extension of previously granted employment authorization), or 

• A Replacement EAD (to replace a lost, mutilated, or destroyed EAD, or to update information, such as a name change on the EAD),  

Initial EAD  

An application for an initial EAD is one in which the applicant is filing for an EAD under a specific category for the first time. For example, if the 
applicant previously had an EAD under the Form I-765(c)(8) category and is now filing under the (a)(5) category, the application is considered an initial application because it is the first one filed under the new category (a)(5), even though they had been issued a previous card under a different category. Each applicant who is required to have an EAD must have it in their possession before they can begin working.  

Renewal EAD  

An application for a renewal EAD is one in which the applicant is filing for an extension of his/her EAD under the same category as he or she 
previously had. Except for applicants in refugee or asylee status, each person must have a valid card in their possession to be eligible to continue working. Therefore, it is important to stress that renewal EADs should be filed at least 90 days before the expiration of the old EAD in order to avoid lapses in employment. 

 Replacement EAD  

An application for a replacement EAD is filed if a card has been lost, stolen, or mutilated, or when the previously issued card contains 
erroneous information, such as a misspelled name or name change. If an application for a replacement EAD is approved, the replacement  EAD will have the same dates and category as the EAD that was lost, stolen, etc.  

Persons applying for replacement documents can present the receipt for the I-765 as evidence of employment eligibility but must produce a
valid card within 90 days of showing the receipt.  

For question 16, how do I know for which category I should apply?  

• If you are filing for Consideration of Deferred Action for Childhood Arrivals, file under category (c)(33) 

• If you are an asylee, file under category (a)(5) 

• If you are a refugee, file under category (a)(3) 

• If you were paroled as a refugee, file under category (a)(4) 

• If you were paroled in the public interest, file under category (c)(11). 

• If you are filing for Temporary Protected Status (TPS), file under category (c)(19) 

• If you have been granted TPS, file under category (a)(12). 

• If you are filing a Form I-485, Application for Permanent Resident Status, file your I-765 under category (c)(9). 

• If you are filing, or have filed for political asylum on Form I-589, please refer to Volume 4.4.3.5, Special Programs and Services before 

filing. If it appears you can file for employment authorization, file under category (c)(8). 

• You may also be able to apply for employment authorization if: 

o You have been granted deferred action by USCIS or ICE, file under category (c)(14) 

o You have been granted voluntary return under the LIFE Act Family Unity program, file under category (a)(14) 

o You are under an order of supervision issued after receiving a final order of deportation or removal from an immigration court, file 

under category (c)(18) 

o You have been granted withholding of deportation by an Immigration Court, file under category (a)(10)  

For other categories, please follow the instructions to Form I-765.  

Note: E- filing may also be available on certain categories on the I-765. 

Do I have to submit photos with the Form I-765?  

Yes, you must submit two standard passport-style photos. The photos must have been taken no earlier than 30 days prior to the date you file the
I-765. Please see the Form I-765 for the required specifications for the photos.  

Do I need to submit a “signature card,” I-765A, with my I-765 application?  

No, the signature card is no longer required as part of the filing process. 

How long does USCIS have to make a decision on my Application for Employment Authorization?  

The required times in which USCIS must make a decision on an I-765 are:  

• Ninety (90) days of receipt of applications filed under categories other than asylum-based, or  

• Thirty (30) days if filing based upon a pending asylum case and filing for an initial EAD,  

One exception to this rule is if USCIS requires additional evidence. The processing time limit is extended by the amount of time it takes for you to receive the request for evidence and respond to it. Also, the processing time is extended when a request for evidence is issued for any Form filed concurrently with the I-765.  

If USCIS has to send out a Request for Evidence, the processing “clock” stops. The maximum allowed time to submit evidence is 12-weeks. Once USCIS receives your response, the processing “clock” starts up again.  

When am I eligible for an Interim EAD? 

If USCIS does not make a decision on your I-765 within 90 days, (30 days for Asylum applicants), you may request an Interim EAD. The interim EAD can be granted for a period up to 240 days.  

Note: If the time frame for a decision on the I-765 has expired, please call our toll-free number at 1-800-375-5283.  

My I-765 was approved, but I have not received my EAD. Can I get temporary evidence of employment authorization?  

Customers who have an approved (or denied) I-765 are not eligible for an interim EAD.  

Note: If your I-765 was approved at a Service Center, but you have not received the EAD 30 days or more from the date of approval, you may be eligible for a Non-Delivery of Employment Authorization Document service request referral to the Service Center. Please call our toll-free number at 1-800-375-5283 for further assistance with this issue. 

 Can I get a Social Security card after I get my EAD?  

In most cases, you can apply for a Social Security card after you receive an employment authorization document. You will need another type of officially issued photo identification, a passport, I-94 bearing a stamp of refugee or asylee status and/ or driver’s license.  

For more information about how to apply for a Social Security card, please call the Social Security Administration at 1-800-772-1213.  

What if my EAD has incorrect information on it when I receive it?  

For help with this question, please call our toll-free number: 1-800-375-5283.  

Who is eligible for an EAD that is valid for two years?  

The two-year EAD is only available to pending adjustment applicants who are currently unable to adjust status because an immigrant visa numberis not currently available. In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved. 

 When will applicants expect to receive the new two-year EAD?  

Applicants filing Form I-765 began receiving their two-year EAD after June 30, 2008. 

Will applicants get a two-year EAD when they file an I-765 with their I-485 adjustment of status application?  

Generally, no. Initial EAD filings will generally receive an EAD that is valid for one year because they are usually submitted with the Form I-485 which can only be filed when there is an immigrant visa number immediately available to the individual. Applicants are only eligible for a two-year EAD if their immigrant visa availability date retrogresses (i.e., when actual demand for visa numbers exceeds forecasted supply) after the Form I-485 is filed. If an immigrant visa number is available, USCIS will grant the one-year EAD.  

How will USCIS decide whether to issue an EAD valid for one or two years?  

USCIS will decide whether to renew an EAD for either a one or two-year validity period based on the most recent Department of State Visa Bulletin. If an applicant’s visa number has retrogressed and is unavailable, USCIS may issue a renewal EAD valid for two years. USCIS will continue to issue the EAD in one-year increments when the Department of State Visa Bulletin shows an employment-based preference category is current as a whole or the applicant’s priority date is current.  

If I am filing for a replacement EAD, how long is the EAD valid?  

If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant’s priority date.  

Why is USCIS changing the validity period for some EADs?  

USCIS views this change as a way to better serve its customer base, and in particular, persons who are waiting to become lawful permanent residents and are impacted by the lack of immigrant visa numbers. 

 When I file Form I-765, how long will it take to receive a decision?  

You should receive a decision within 90 days (30 days for Asylum applicants) from the receipt date on your Form I-765. In some cases, an EOIR- granted asylee will receive an EAD card valid for 2 years by mail within 7 to 10 days from the day the biometrics information is received. 

Note: If you have not received a decision and over 75 days (25 days for Asylum applicants) has passed, please call our toll-free number at 1-800-375-5283 for further assistance with this issue.  

Will the new EAD affect my current valid EAD card?  

No, it does not affect your current valid EAD card and you do need to file for a new card before your current card expires.  

Why USCIS redesigned the Employment card?  

The new features of the EAD will better equip workers, employers and law enforcement officials to recognize the card as definitive proof of authorization to work in the United States.  

For more information about  EAD please visit our Blog and Podcasts and Video sections. 

USCIS Publishes Notice On Filing Procedures for Automatic Extension of Existing EADs for Liberians

[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Pages 17423-17427]
From the Federal Register Online via the Government Printing Office [www.gpo.gov<</a>]
[FR Doc No: 2013-06519]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2534-13; DHS Docket No. USCIS-2011-0014]
RIN 1615-ZB21

Filing Procedures for Employment Authorization and Automatic
Extension of Existing Employment Authorization Documents for Liberians
Eligible for Deferred Enforced Departure

AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.

ACTION: Notice.

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SUMMARY: On March 15, 2013, President Obama issued a memorandum to the
Secretary of Homeland Security Janet Napolitano directing her to extend
for an additional 18 months the deferred enforced departure (DED) of
certain Liberians and to provide for work authorization during that
period. The DED extension runs from April 1, 2013, through September
30, 2014. This notice provides instructions for eligible Liberians on
how to apply for the full 18-month extension of employment
authorization. Finally, this notice provides instructions for DED-
eligible Liberians on how to apply for permission to travel outside the
United States during the 18-month DED period.
USCIS will issue new employment authorization documents (EADs) with
a September 30, 2014 expiration date to Liberians whose DED has been
extended under the Presidential Memorandum of March 15, 2013, and who
apply for EADs under this extension. Given the timeframes involved with
processing EAD applications, DHS recognizes that not all DED-eligible
Liberians will receive new EADs before their current EADs expire on
March 31, 2013. Accordingly, this notice also automatically extends for
6 months (through September 30, 2013) the validity of DED-related EADs
that have an expiration date of March 31, 2013 and explains how
Liberians covered under DED and their employers may determine which
EADs are automatically extended and their impact on Employment
Eligibility Verification (Form I-9) and E-Verify processes.

DATES: The 6-month automatic extension of employment authorization for
Liberians who are covered under DED, including the extension of their
EADs as specified in this notice, is effective on April 1, 2013. This
automatic extension expires on September 30, 2013. The 18-month
extension of DED is valid through September 30, 2014.

FOR FURTHER INFORMATION CONTACT: For further information on
DED, including guidance on the application process for EADs and
additional information on eligibility, please visit the Temporary
Protected Status (TPS) Web page at http://www.USCIS.gov/tps<</a> and choose
"Temporary Protected Status & Deferred Enforced Departure'' from the
menu on the left. You can find specific information about DED for
Liberia by selecting ``DED Granted Country: Liberia'' from the menu on
the left of the TPS or DED Web page. From the Liberian page, you can
select the Liberian DED Questions & Answers from the menu on the right
for further information.
You can also contact the DED Operations Program Manager at
the Status and Family Branch, Service Center Operations Directorate,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by
phone at (202) 272-1533 (this is not a toll-free number). Note: The
phone number provided here is solely for questions regarding this DED
notice. It is not for individual case status inquiries.
Applicants seeking information about the status of their
individual cases can check Case Status Online available at the USCIS
Web site at
http://www.USCIS.gov<</a>, or call the USCIS National Customer
Service Center at 1-800-375-5283 (TTY 1-800-767-1833).
Further information will also be available at local USCIS
offices upon publication of this notice.

SUPPLEMENTARY INFORMATION:

Presidential Memorandum Extending DED for Certain Liberians

Pursuant to his constitutional authority to conduct the foreign
relations of the United States, President Obama has directed that
Liberian nationals (and eligible persons without nationality who last
resided in Liberia) who are physically present in the United States,
have continuously resided in the United States since October 1, 2002,
and who remain eligible for DED through March 31, 2013 be provided DED
for an additional 18-month period. See Presidential Memorandum--
Deferred Enforced Departure for Liberians, March 15, 2013
("Presidential Memorandum'') here<</a>. Only individuals who held TPS under the former Liberia TPS
designation as of September 30, 2007 are eligible for DED, provided
they have continued to meet all other eligibility criteria established
by the President. The President also directed the Secretary of Homeland
Security (Secretary) to implement the necessary steps to authorize
employment authorization for eligible Liberians for 18 months from
April 1, 2013 through September 30, 2014.

[[Page 17424]]

Employment Authorization and Filing Requirements

How will I know if I am eligible for employment authorization under the
Presidential Memorandum that extended DED for certain Liberians for 18
months?

The DED extension and the procedures for employment authorization
in this notice apply to Liberian nationals (and persons without
nationality who last habitually resided in Liberia) who:
Are physically present in the United States;
Have continuously resided in the United States since
October 1, 2002; and
Are under a grant of DED through March 31, 2013.
The above eligibility criteria are described in the Presidential
Memorandum. Only individuals who held TPS under the former Liberia TPS
designation as of September 30, 2007 are eligible for DED, provided
they have continued to meet all other eligibility criteria established
by the President. This DED extension does not include any individual:
Who would be ineligible for TPS for the reasons provided
in section 244(c)(2)(B) of the Immigration and Nationality Act, 8
U.S.C. 1254a(c)(2)(B);
Whose removal the Secretary determines is in the interest
of the United States;
Whose presence or activities in the United States the
Secretary of State has reasonable grounds to believe would have
potentially serious adverse foreign policy consequences for the United
States;
Who has voluntarily returned to Liberia or his or her
country of last habitual residence outside the United States;
Who was deported, excluded, or removed prior to March 15,
2013; or
Who is subject to extradition.

What will I need to file if I am covered by DED and would like to have
evidence of employment authorization?

If you are covered under DED for Liberia, and would like evidence
of your employment authorization during the 18-month extension of DED,
you must apply for an EAD by filing an Application for Employment
Authorization (Form I-765). USCIS will begin accepting these
applications on March 21, 2013. If you have a DED-related EAD that is
valid through March 31, 2013, you must file an Application for
Employment Authorization (Form I-765) as soon as possible to avoid gaps
in work authorization. Please carefully follow the Application for
Employment Authorization (Form I-765) instructions when completing the
application for an EAD. When filing the Application for Employment
Authorization (Form I-765), you must:
Indicate that you are eligible for DED by putting
``(a)(11)'' in response to Question 16 on Form I-765;
Include a copy of your last Notice of Action (Form I-797)
showing that you were approved for TPS as of September 30, 2007, if
such copy is available. Please note that evidence of TPS as of
September 30, 2007 is necessary to show that you were covered under the
previous DED for Liberia through March 31, 2013; and
Submit the fee for the Application for Employment
Authorization (Form I-765).
The regulations require individuals covered under DED who request
an EAD to pay the fee prescribed in 8 CFR 103.7(b)(1)(i)(HH) for the
Application for Employment Authorization (Form I-765). See also 8 CFR
274a.12(a)(11) (employment authorized for DED-covered aliens); 8 CFR
274a.13(a) (requirement to file EAD application if EAD desired). If you
are unable to pay the fee, you may apply for an application fee waiver
by completing a Request for Fee Waiver (Form I-912) or submitting a
personal letter requesting a fee waiver, and providing satisfactory
supporting documentation.

How will I know if I will need to obtain biometrics?

If biometrics are required to produce the secure EAD, you will be
notified by USCIS and scheduled for an appointment at a USCIS
Application Support Center.

Where do I submit my completed Application for Employment Authorization
(Form I-765)?

Please submit your completed Application for Employment
Authorization (Form I-765) and supporting documentation to the proper
address in Table 1.

Table 1--Mailing Addresses
------------------------------------------------------------------------
If... Mail to...
------------------------------------------------------------------------
You are applying through the U.S. Postal USCIS, Attn: DED Liberia,
Service. P.O. Box 6943, Chicago, IL
60680-6943.
You are using a non-U.S. Postal Service USCIS, Attn: DED Liberia,
delivery service. 131 S. Dearborn 3rd Floor,
Chicago, IL 60603-5517.
------------------------------------------------------------------------

Can I file my Application for Employment Authorization (Form I-765)
electronically?

No. Electronic filing is not available for filing Form I-765 based
on DED.

Extension of Employment Authorization and EADs

May I request an interim EAD at my local office?

No. Local USCIS offices will not issue interim EADs to individuals
eligible for DED under the Presidential Memorandum.

Am I eligible to receive an automatic 6-month extension of my current
EAD from April 1, 2013 through September 30, 2013?

You are eligible for an automatic 6-month extension of your EAD if
you are a national of Liberia (or person having no nationality who last
habitually resided in Liberia), you are currently covered by DED
through March 31, 2013, and you are within the class of persons
approved for DED by the President.
This automatic extension covers EADs issued on the Employment
Authorization Document (Form I-766) bearing an expiration date of March
31, 2013. These EADs must also bear the notation ``A-11'' on the face
of the card under ``Category.''

When hired, what documentation may I show to my employer as proof of
employment authorization and identity when completing Employment
Eligibility Verification, Form I-9?

You can find a list of acceptable document choices on the ``Lists
of Acceptable Documents'' for Employment Eligibility Verification (Form
I-9). You can find additional detailed information on the USCIS I-9
Central Web page at http://www.USCIS.gov/I-9Central<</a>. Employers are
required to verify the identity and employment authorization of all new
employees by using Employment Eligibility Verification (Form I-9).
Within 3 days of hire, an employee must present proof of identity and
employment authorization to his or her employer.
You may present any document from List A (reflecting both your
identity and employment authorization), or one document from List B
(reflecting identity) together with one document from List C
(reflecting employment authorization). An EAD is an acceptable document
under List A. Employers may not reject a document based upon a future
expiration date.

[[Page 17425]]

If you received a 6-month automatic extension of your EAD by virtue
of this Federal Register notice, you may choose to present your
automatically extended EAD, as described above, to your employer as
proof of identity and employment authorization for Employment
Eligibility Verification (Form I-9) through September 30, 2013 (see the
subsection below titled ``How do my employer and I complete Employment
Eligibility Verification (Form I-9) using an automatically extended EAD
for a new job?'' for further information). To minimize confusion over
this extension at the time of hire, you may also show your employer a
copy of this Federal Register notice regarding the automatic extension
of employment authorization through September 30, 2013. As an
alternative to presenting your automatically extended EAD, you may
choose to present any other acceptable document from List A, or List B
plus List C.

What documentation may I show my employer if I am already employed but
my current DED-related EAD is set to expire?

Even though EADs with an expiration date of March 31, 2013 that
state ``A-11'' under ``Category'' have been automatically extended for
6 months by virtue of this Federal Register notice, your employer will
need to ask you about your continued employment authorization once
March 31, 2013 is reached to meet its responsibilities for Employment
Eligibility Verification (Form I-9). However, your employer does not
need a new document to reverify your employment authorization until
September 30, 2013, the expiration date of the automatic extension.
Instead, you and your employer must make corrections to the employment
authorization expiration dates in Section 1 and Section 2 of Employment
Eligibility Verification (Form I-9) (see the subsection below titled,
``What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my EAD has been automatically
extended?'' for further information). In addition, you may also show
this Federal Register notice to your employer to avoid confusion about
what to do for Employment Eligibility Verification (Form I-9).
By September 30, 2013, the expiration date of the automatic
extension, your employer must reverify your employment authorization.
You must present any document from List A or any document form list C
on Employment Eligibility Verification (Form I-9) to reverify
employment authorization. Your employer is required to reverify on
Employment Eligibility Verification (Form I-9) the employment
authorization of current employees no later than the expiration of a
DED-related EAD. Your employer should use either Section 3 of a new
Employment Eligibility Verification (Form I-9) originally completed for
the employee or, if this section has already been completed or if the
version of Employment Eligibility Verification (Form I-9) is no longer
valid, complete Section 3 of a new Employment Eligibility Verification
(Form I-9) using the most current version. Note that your employer may
not specify which List A or List C document employees must present.

What happens after September 30, 2013 for purposes of employment
authorization?

After September 30, 2013, employers may not accept the EADs that
this Federal Register notice automatically extended. However, before
that time, USCIS will issue new EADs to eligible individuals covered
under DED who request an EAD. These new EADs will have an expiration
date of September 30, 2014 and can be presented to your employer as
proof of employment authorization and identity. The EAD will bear the
notation ``A-11'' on the face of the card under ``Category.''
Alternatively, you may choose to present any other legally acceptable
document or combination of documents listed on Employment Eligibility
Verification (Form I-9).

How do I and my employer complete Employment Eligibility Verification
(Form I-9) using an automatically extended EAD for a new job?

When using an automatically extended EAD to fill out Employment
Eligibility Verification (Form I-9) for a new job prior to September
30, 2013, you and your employer should do the following:
(1) For Section 1, you should:
a. Check ``An alien authorized to work'';
b. Write your alien number (USCIS number or A-number) in the first
space (your EAD or other document from DHS will have your USCIS number
or A-number printed on it; the USCIS Number is the same as your A-
number without the A prefix); and
c. Write the automatic extension date (September 30, 2013) in the
second space.
(2) For Section 2, employers should record the:
a. Document title;
b. Document number; and
c. Automatically extended EAD expiration date (September 30, 2013).
No later than September 30, 2013, when the automatic extension of
EADs expires, employers must reverify the employee's employment
authorization in Section 3 of Employment Eligibility Verification (Form
I-9).

What corrections should my current employer and I make to Employment
Eligibility Verification (Form I-9) if my EAD has been automatically
extended?

If you are an existing employee who presented a DED-related EAD
that was valid when you first started your job, but that EAD has now
been automatically extended, you and your employer should correct your
previously completed Employment Eligibility Verification (Form I-9) as
follows:
(1) For Section 1, you should:
a. Draw a line through the expiration date in the second space;
b. Write ``September 30, 2013'' above the previous date;
c. Write ``DED Ext.'' in the margin of Section 1; and
d. Initial and date the correction in the margin of Section 1.
(2) For Section 2, employers should:
a. Draw a line through the expiration date written in Section 2;
b. Write ``September 30, 2013'' above the previous date;
c. Write ``DED Ext.'' in the margin of Section 2; and
d. Initial and date the correction in the margin of Section 2.
No later than September 30, 2013, when the automatic extension of
EADs expires, employers must reverify the employee's employment
authorization in Section 3 of Employment Eligibility Verification (Form
I-9).

If I am an employer enrolled in E-Verify, what do I do when I receive a
``Work Authorization Documents Expiring'' alert for an automatically
extended EAD?

If you are an employer who participates in E-Verify, you will
receive a ``Work Authorization Documents Expiring'' case alert when an
individual covered under DED has an EAD that is about to expire.
Usually, this message is an alert to complete Section 3 of Employment
Eligibility Verification (Form I-9) to reverify an employee's
employment authorization. For existing employees with DED-related EADs
that have been automatically extended, employers should dismiss this
alert by clicking the red ``X'' in the ``dismiss alert'' column and
follow the instructions above explaining how to

[[Page 17426]]

correct Employment Eligibility Verification (Form I-9). By September
30, 2013, employment authorization must be reverified in Section 3. You
should never use E-Verify for reverification.

Can my employer require that I produce any other documentation to prove
my status, such as proof of my Liberian citizenship?

No. When completing Employment Eligibility Verification (Form I-9),
including reverifying employment authorization, employers must accept
any documentation that appears on the ``Lists of Acceptable Documents''
for Employment Eligibility Verification (Form I-9) and that reasonably
appears to be genuine and that relates to you. Employers may not
request documentation that does not appear on the ``Lists of Acceptable
Documents.'' Therefore, employers may not request proof of Liberian
citizenship when completing Employment Eligibility Verification (Form
I-9) for new hires or reverifying the employment authorization of
current employees. If presented with EADs that are unexpired on their
face or that have been automatically extended, employers should accept
such EADs as valid List A documents so long as the EADs reasonably
appear to be genuine and to relate to the employee. See below for
important information about your rights if your employer rejects lawful
documentation, requires additional documentation, or otherwise
discriminates against you based on your citizenship or immigration
status, or your national origin.

Note to All Employers

Employers are reminded that the laws requiring proper employment
eligibility verification and prohibiting unfair immigration-related
employment practices remain in full force. This notice does not
supersede or in any way limit applicable employment verification rules
and policy guidance, including those rules setting forth reverification
requirements. For general questions about the employment eligibility
verification process, employers may call the USCIS Form I-9 Customer
Support at 888-464-4218 (TDD for the hearing impaired is at 877-875-
6028). For questions about avoiding discrimination during the
employment eligibility verification process, employers may also call
the U.S. Department of Justice, Office of Special Counsel for
Immigration-Related Unfair Employment Practices (OSC) Employer Hotline
at 800-255-8155 (TDD for the hearing impaired is at 800-237-2515),
which offers language interpretation in numerous languages.

Note to Employees

For general questions about the employment eligibility verification
process, employees may call the USCIS National Customer Service Center
at 800-375-5283 (TDD for the hearing impaired is at 800-767-1833);
calls are accepted in English and Spanish. Employees or applicants may
also call the OSC Worker Information Hotline at 800-255-7688 (TDD for
the hearing impaired is at 800-237-2515) for information regarding
employment discrimination based upon citizenship, immigration status,
or national origin, or for information regarding discrimination related
to Employment Eligibility Verification (Form I-9) and E-Verify. The OSC
Worker Information Hotline provides language interpretation in numerous
languages.
To comply with the law, employers must accept any document or
combination of documents acceptable for Employment Eligibility
Verification (Form I-9) completion if the documentation reasonably
appears to be genuine and to relate to the employee. Employers may not
require extra or additional documentation beyond what is required for
Employment Eligibility Verification (Form I-9) completion. Further,
employers participating in E-Verify who receive an E-Verify initial
mismatch (``tentative nonconfirmation'' or ``TNC'') on employees must
inform employees of the mismatch and give such employees an opportunity
to challenge the mismatch.
Employers are prohibited from taking adverse action against such
employees based on the initial mismatch unless and until E-Verify
returns a final nonconfirmation. For example, employers must allow
employees challenging their mismatches to continue to work without any
delay in start date or training and without any change in hours or pay,
while the final E-Verify determination remains pending. Additional
information is available on the OSC Web site<</a> and the USCIS Web site<</a>.

Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)

While Federal government agencies must follow the guidelines laid
out by the Federal government, state and local government agencies
establish their own rules and guidelines when granting certain
benefits. Each state may have different laws, requirements, and
determinations about what documents you need to provide to prove
eligibility for certain benefits. Whether you are applying for a
Federal, state, or local government benefit, you may need to provide
the government agency with documents that show you are covered under
DED and/or show you are authorized to work based on DED. Examples are:
(1) Your expired EAD that has been automatically extended, or your
EAD that has not expired;
(2) A copy of this Federal Register notice if your EAD is
automatically extended under this notice;
(3) A copy of your past Application for Temporary Protected Status
Notice of Action (Form I-797), if you received one from USCIS, coupled
with a copy of the Presidential Memorandum extending DED for Liberians;
and
(4) If there is an automatic extension of work authorization, a
copy of the fact sheet from the USCIS DED Web page that provides
information on the automatic extension.
Check with the government agency regarding which document(s) the
agency will accept. You may also provide the agency with a copy of this
notice.
Some benefit-granting agencies use the USCIS Systematic Alien
Verification for Entitlements Program (SAVE) to verify the current
immigration status of applicants for public benefits. If such an agency
has denied your application based solely or in part on a SAVE response,
the agency must offer you the opportunity to appeal the decision in
accordance with the agency's procedures. If the agency has received and
acted upon or will act upon a SAVE verification and you do not believe
the response is correct, you may make an InfoPass appointment for an
in-person interview at a local USCIS office. Detailed information on
how to make corrections, make an appointment, or submit a written
request can be found at the SAVE Web site at http://www.USCIS.gov/save<</a>,
then by choosing ``How to Correct Your Records'' from the menu on the
right.

Travel Authorization and Advance Parole<</p>

Individuals covered under DED who would like to travel outside of
the United States must apply for and receive advance parole by filing
an Application for Travel Document (Form I-131) with required fee
before departing from the United States. See 8 CFR 223.2(a). DHS has
the discretion to determine whether to grant advance parole and cannot
guarantee advance parole in all cases. In addition, possession of an
advance parole

[[Page 17427]]

document does not guarantee that you will be permitted to reenter the
United States, as that is a decision that will be made by an
immigration officer at the port of entry upon your return. If you seek
advance parole to travel to Liberia or to your country of last habitual
residence outside the United States, you will risk being found
ineligible to re-enter the United States under DED because the
Presidential Memorandum excludes persons ``who have voluntarily
returned to Liberia or his or her country of last habitual residence
outside the United States.''
You may submit your completed Application for Travel Document (Form
I-131) with your Application for Employment Authorization (Form I-765).
If you choose to file an Application for Travel Document (Form I-131)
separately, please submit the application along with supporting
documentation that you qualify for DED to the proper address in Table
2.

Table 2--Mailing Addresses
------------------------------------------------------------------------
If... Mail to...
------------------------------------------------------------------------
You are applying through the U.S. Postal USCIS, Attn: DED Liberia,
Service. P.O. Box 6943, Chicago, IL
60680-6943.
You are using a non-U.S. Postal Service USCIS, Attn: DED Liberia,
delivery service. 131 S. Dearborn 3rd Floor,
Chicago, IL 60603-5517.
------------------------------------------------------------------------

If you have a pending or approved Application for Employment
Authorization (Form I-765), please submit the Notice of Action (Form I-
797) along with your Application for Travel Document (Form I-131) and
supporting documentation.

Alejandro N. Mayorkas,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. 2013-06519 Filed 3-20-13; 8:45 am]
BILLING CODE 9111-97-P

USCIS Notice on Form I-765 Application for Employment Authorization

[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Notices]
[Pages 74687-74688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov<</a>]
[FR Doc No: 2012-30340]

---------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[OMB Control Number 1615-0040]

Agency Information Collection Activities: Application for Employment Authorization, Form I-765; Form I-765 Work Sheet, Form I- 765WS; Revision of a Currently Approved Collection

ACTION: 60-Day notice.

---------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub.L.104-13, 44 U.S.C. 3501 et seq.), DHS is requesting public comment on a proposed revision to an approved information collection. On August 15, 2012, the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), submitted an information collection request, utilizing emergency review procedures, to the Office of Management and Budget (OMB) for review and clearance. OMB approved the information collection request. This notice is to obtain public comment on the revision and extension of that approved collection.

DATES: Comments are encouraged and will be accepted for sixty days until February 15, 2013.

ADDRESSES: Written comments and suggestions regarding items contained in this notice, and especially with regard to the estimated public burden and associated response time should be directed to:
DHS, USCIS, Office of Policy and Strategy, Chief, Regulatory Coordination Division,
20 Massachusetts Avenue NW.,
Washington, DC 20529-2140.
Comments may be submitted to DHS via email at uscisfrcomment [at] uscis [dot] dhs [dot] gov and must include OMB Control Number 1615-0040 in the subject box. Comments may also be submitted via the Federal eRulemaking Portal Web site at http://www.regulations.gov<</a> under e-Docket ID number USCIS-2005-0035.

All submissions received must include the agency name and Docket ID. Regardless of the method used for submitting comments or material, all submissions will be posted, without change, to the Federal eRulemaking Portal at http://www.regulations.gov<</a>, and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or that is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of http:// http://www.regulations.gov<</a>.

Issues for Comment Focus

DHS, USCIS invites the general public and other Federal agencies to comment upon this proposed revision of a currently approved collection of information. In accordance with the Paperwork Reduction Act of 1995, the information collection notice is published in the Federal Register to obtain comments regarding the nature of the information collection, the categories of respondents, and the estimated burden (i.e. the time, effort, and resources used by the respondents to respond).

For Forms I-765 and I-765WS, USCIS is especially interested in the public's experience, input, and estimates on the burden in terms of time and money incurred by applicants for the following aspects of this information collection:

The time burden incurred by preparers (persons who assist the respondent with the preparation of the form) who are not paid by the respondent.

For preparers who are paid, the time and expense to the respondent to find and secure such preparers for assistance.

The amount that paid preparers charge for their services.

The time required to obtain supporting documents for Forms I-765 and I-765WS.

The monetary costs incurred to secure supporting documents from sources such as a landlord, church, utility, public agency (housing, social services, law enforcement, local/state governments), school, medical care provider, advocacy group, law firm, or military service.

The average time required and cost incurred to secure secondary evidence such as an affidavit or a statement.

The percentage of total applicants who require English translations of their supporting documents.

The percentage of supporting documents for each individual applicant that require translation into English.

The time required to find, hire or otherwise obtain translations of supporting documents for immigration benefit requests.

The average out of pocket monetary cost if any to obtain translations of supporting documents when required.

In addition, to truly be helpful to the improvement of this form and the program that oversees the services associated with this information collection; written comments and suggestions concerning this collection of information are requested to provide clear and specific suggestions on the data elements captured through these forms and the evidence required to be submitted with a focus on one or more of the following four points:

Overview of This Information Collection

If you need a copy of the information collection instrument with instructions, or additional information, please visit the Federal eRulemaking Portal site at: http://www.regulations.gov<</a>. We may also be contacted at:
USCIS, Office of Policy and Strategy, Regulatory Coordination Division,
20 Massachusetts Avenue NW.,
Washington, DC 20529-2140,
Telephone number 202-272-8377.

Dated: December 11, 2012.
Laura Dawkins,
Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.
[FR Doc. 2012-30340 Filed 12-14-12; 8:45 am]
BILLING CODE 9111-97-P

Employment Authorization (EAD) for H-4 Holders Proposed

Transcript: Employment Authorization (EAD) for H-4 Holders Proposed

I was asked to comment about the proposed rule that would allow certain H-4 holders to get employment authorization. What I have opened on the screen is the current status as of December 16, 2012. This rule is currently being reviewed by the Office of Management and Budget’s sub-office OIRA, which is the Office of Information and Regulatory Affairs. The idea is that under Executive Order 12866--I am not giving you too many details just trying to keep it to the minimal--regulations before they move forward beyond a certain point, they need to be reviewed by the White House. It is not something that President Obama does himself, of course--you all know that--it is people who are experts in federal regulation within the White House under the office of OMB—OIRA. They are the people who are charged with the responsibility of making sure the regulations are sound in terms of policy, in terms of time, cost, compliance, etc.

I want to point out a few things. If you look at this, it says current action is NPRM (Notice of Proposal Rule Making). That means once this is okayed by the OMB, a Notice of Proposed Rule Making will be put out in the Federal Register. If you look at this right here, it doesn’t have a FR (Federal Register) citation right now, because it has not yet been published. So once it is approved and NPRM (Notice of Proposed Rule Making) would be published in the Federal Register, which basically means the government will formally notify everybody that we intend to make a rule and if you have any comments about that, let us have them. There is a lot of variation in regulations and how they are made. Let me get to that in a second.

But I want to point out this abstract to you. What does it say? It says we are going to allow those H-4 holders to get work authorizations whose husbands have crossed over six years of their H-1 and now they are in extended H-1 beyond six years, either three-year period or one-year period. These two periods are referred to as Section 104C and 106A. These two periods depend upon when the labor certification was filed. If the labor certification was filed a year ago, anyone who is on H-1 six-year term can get their H-1 extended on a year-to-year basis. So that year-to-year extension is tied in with your labor certification date. So, first anniversary of the labor certification allows one-year extension.

The second method of getting H-1 extension, which is the three-year method, is if your I-140 is approved regardless of when your labor certification was filed. So, if you are in any of these two categories and exceeded your H-1 and you’ve now extended your H-1 beyond six years, your spouse would be then entitled to get work authorization. I think it is very fair and, as the abstract notes, this is to encourage professionals with high-demand skills to remain in the country. Think about it. Somebody who is on H-1 has been here for six years--they have done everything by the book, they have done it legally--there is no reason for them to have to wait any longer for their spouses to work. It is just highly unfair, and we have been pointing this out--not only us but the entire set of stakeholders, the community, lawyers, agencies that are involved, non-profits that are involved in the process. It’s been pointed out to the government that people who have been waiting for their legal immigration for years--I mean typically what is the life-span—let’s just take for example, India or China. You enter USA typically on a student visa. You do your Master’s for a couple of years or your Ph.D. and your Ph.D. sometimes for five or six years. Then you get into H-1 six years after that. You will get this benefit. So that’s like 15 years for many of you, but definitely no less than six years.

If, on the other hand, government were to legalize folks who are here illegally. I am not saying they should not be legalized; I am saying that we’ve got to have some equity here and this is one step--very, very small step--towards equity. I personally feel like in L-2, H-1 visa holders, their spouses should be allowed to start working on the day they enter USA. Why is this distinction made between L-2 holders and H-4 holders? L-2 holders are allowed to work day one when they enter USA. There is no philosophical or policy difference between L-2 and H-4. In any case, we will take what we can get for the time being. At least this is a step in the right direction.

Now what happens after this process? Well, you know, some of my colleagues are predicting it could be as little less, as you know, three months or six months. I don’t think it is that simple, because remember typically what happens is first a notice of the rulemaking is provided or the rule itself can be provided as a proposed rule and then public is invited to comment for 30 to 60 days. Then the government goes back and analyzes those comments. This whole process can take a while. Then they can issue another revised version asking for more comments. Sometimes the comment period can be extended to 180 days. Then, on top of that, and during the Congressional review time, which is while the regulations are still not implemented, they are finalized. Congress can come back and overrule the regulations. It’s difficult for them to do that at this point of time, but you know all these things are still uncertain so by no means can we say that this is certain to be implemented and when it is certain to be implemented. But it appears that for the first time in the last four or five years, some formal acknowledgment has been made by the Obama Administration and some acknowledgment has been made that there is a set of legal professional workers in the United States who have been much ignored.

Feel free to send us emails through the Contact Us form on our website. Send us an email if something is unclear. I will be happy to address as much of it as I can.

I also wanted to add one thing as an afterthought. You do know that, of course, once you file your I-485 Adjustment of Status, your spouse on H-4 is entitled to their EAD. This is an addition to that right. So even if you are--obviously I think it is quite clear, but just in case it isn’t--even if you are not in the I-485 step of the process, you can still get employment authorization for your H-4 spouse if this rule were to be implemented. I just thought I will add that. Thanks.

I have received a couple of questions from a client and a member of the community.

First--What is the exact process?

Well, the process is quite variable. From here on, a lot of things can be done differently. In fact, the government can publish a rule without giving a notice and comment period, if they want, because if the rule is urgent enough or they want it to be implemented--or it is not necessary or useful to have notice and comment--it can be implemented without notice and comment. It is unlikely. So the process is actually quite amorphous. It can have many variations. It is very difficult to pinpoint exactly what is going to happen. But a lifetime once it moves out of the OMB is typically about 180 days or six months or so. Another great variable is how long does the agency think the notice and comment period should be kept open. Like I said, sometimes, it can be as much as 180 days.

An interesting question was asked--Does this have to go to the Senate or House for approval?

The answer is no. This is not a law--this is a regulation. Regulations are dealt with entirely on the side of the administration by the government. It does not go to the legislature. The only way the legislature can overrule it is if both the sides—the Senate as well as House of Representatives--passes a resolution overruling the regulation, and the President signs it. If the President doesn’t sign it, then I guess what they have to do is override his veto, which is very, very difficult--if I remember correctly with a two-third majority of the two houses--so that is very unlikely to happen. I guess that should also clarify things for you folks a little bit more. Keep the questions coming. I will answer them as quickly as I can.

Ombudsman’s Office Now Requires Form DHS 7001 for Employment Authorization Cases

The Ombudsman's Office requests that customers submit Form DHS 7001 for all cases, including those related to applications for Employment Authorization Documents (EAD). Form DHS 7001 is required by the Ombudsman’s Office for compliance with applicable privacy rules.

In the past, the Ombudsman's Office allowed customers to submit case inquiries regarding EAD applications that were outside normal processing times without completing Form DHS 7001, recognizing the urgency of many of these matters. In October 2011, the Ombudsman's Office implemented Ombudsman Online Case Assistance, an efficient online system that provides for same-day submission of case problems.

Form DHS 7001 

If you have already submitted an EAD case inquiry, you do not need to submit Form DHS 7001. For all future inquiries, please complete Form DHS 7001 or submit your inquiry online.

Change of status from L-2 to H-4

H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.

L-2 visa and EAD processing

You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.

USCIS Redesigns EAD Document And Certificate of Citizenship

State-of-the-art technology will deter counterfeiting, obstruct tampering, and facilitate quick and accurate authentication

Released Oct. 25, 2011

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Certificate of Citizenship (Form N-560) with new features to strengthen security and deter fraud.

As part of USCIS’s ongoing efforts to enhance the integrity of the immigration system, the state-of-the-art technology incorporated into the new documents will deter counterfeiting, obstruct tampering, and facilitate quick and accurate authentication. USCIS began issuing the new EADs today and will begin using the redesigned certificates on Oct. 30. The agency anticipates that more than 1 million people will receive the new documents over the next year. 

"These enhanced documents are more secure than ever," said Director Mayorkas. "They advance our efforts to safeguard against fraud and protect the integrity of the immigration system."

The new features of the EAD will better equip workers, employers and law enforcement officials to recognize the card as definitive proof of authorization to work in the United States. 

USCIS worked closely with the Immigration and Customs Enforcement Forensic Document Laboratory to incorporate technology and tactile features in order to deter fraud and facilitatecard authentication.                 

 

EAD Card Specimen

Additionally, USCIS employs a new and more secure printing process for its redesigned Certificate of Citizenship that renders the certificate more tamper-proof. 

New Certificate of Citizenship

Although the look and feel of the documents is new, the manner in which an applicant applies for and receives them will not change. USCIS will replace EADs already in circulation as individuals apply for their renewal or replacement. All previously issued EADs remain valid until the expiration date printed on the card. Previously issued Certificates of Citizenship remain valid indefinitely.

These improvements demonstrate USCIS’s ongoing efforts to produce more secure documentation. In 2010, USCIS issued the new Permanent Resident Card, which added security features to the physical card and integrated technology improvements in the card production process. Additionally, USCIS launched the redesigned Certificate of Naturalization (Form N-550) featuring the naturalization candidate’s digitized photo and signature embedded into the document. USCIS will continue to enhance document security features as technology improves

President Obama Grants DED(Deferred Enforced Departure) Extension for Liberians

USCIS Automatically Extends Validity of Employment Authorization Documents

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced its intention to automatically extend employment authorization for Liberian nationals covered under Deferred Enforced Departure (DED) through March 31, 2012. USCIS’s announcement follows President Obama’s announcement today of his decision to extend DED through March 31, 2013, for qualified Liberians and those persons without nationality who last habitually resided in Liberia. The six-month automatic extension of existing Employment Authorization Documents (EADs) will permit eligible Liberians to continue working while they file their applications for new EADs. The new EADs will cover the full 18 months of the DED extension.

Although DED was scheduled to end for Liberian nationals on Sept. 30, 2011, there are compelling foreign policy reasons to continue deferring enforced departure from the United States for eligible Liberian nationals presently living in the United States under the existing grant of DED for 18 additional months.

Certain individuals are not eligible for DED, including:

  • Liberians who did not have Temporary Protected Status (TPS) on Sept. 30, 2007 and are therefore not covered under current DED;
  • Certain criminals (e.g. aggravated felons and persons convicted of two misdemeanors); 
  • Persons subject to the mandatory bars to TPS; and
  • Other ineligible persons as described in the President’s memorandum.

In addition to automatically extending the validity of EADs for Liberian nationals covered under DED, USCIS will publish a notice in the Federal Register with instructions for these individuals on how to obtain employment authorization for the remainder of the DED extension. Liberian nationals covered under DED will also need to include the Application for Employment Authorization, I-765, andd a filing fee of $380, or a fee waiver request.

>

For additional information about DED for Liberia, please visit the DED- Liberia Web ppage on the USCIS Website. Liberian nationals or employers may also contact the USCIS National Customer Service Center at (800) 375-5273.

Please check the attachment for Questions and Answers on "Deferred Enforced Departure Extended for Liberians"

L-2 Visa without EAD

USCIS has to issue you an EAD (apply using Form I-765) and the SSA has to issue you an SSN. Once you have your EAD, you may work anywhere in USA at any job.

Nonimmigrant Visas
Green Cards
Common Topics
Professions