Employment Authorization Document (EAD) and Advance Parole (AP) FAQs
Q. What is an Employment Authorization Document (EAD)?
A. EAD is otherwise referred to as Form I-688, Form I-688A, Form I-688B, Form I-766, or any successor documents issued by USCIS as evidence that the holder is authorized to work in the U.S.
Q. Who is eligible for employment authorization?
A. The USCIS regulations establish three categories of persons eligible for employment authorization: (1) persons authorized for employment incident to status; (2) persons authorized to work for a specific employer incident to status; and (3) persons who must apply for permission to work.
Please note: Persons in the first and third categories must apply for an EAD through Form I-765.
Q. Who must apply for an EAD?
Q. Can I E-file the EAD application?
A. Certain Form I-765 filings may be electronically filed with USCIS. You can visit the USCIS website for a list of persons eligible to E-file the EAD application.
Q. Do I still need to send supporting documents to USCIS after the E-filing?
A. Yes. USCIS requires you to send two passport style color photos taken within 30 days and a copy of your last EAD card (front and back page). Also, you need to send other legal documents that would support your application, such as the receipt notice of your I-485 application.
Q. Do I need an EAD if I am now under H-1B status and have a pending Adjustment of Status (AOS)?
A. No. When you are under H-1B status, you are authorized to work for the employer who sponsored your H-1B visa application. However, it is usually recommended to apply for an EAD with your I-485 application in case you are unable to extend or maintain your H-1B status in the future. You can also work for more than one employer with your EAD while you can only work for the employer who sponsored your H-1B visa application with your H-1B. But if you work for another employer on your EAD, you are no longer on an H-1B status. This does not mean that you have violated your status.
Q. Do I need to renew my EAD?
A. Yes. Generally speaking an EAD will only be valid for a year, sometimes for 2 years. If you use an EAD for employment, you need to renew it prior to it expiry. USCIS revised its policy in 2008 that EAD renewals cannot be filed more than 120 days prior to their expiration date. All EAD renewals filed too early will be rejected. It is thus very important to carefully count the number of days before submitting an application. The time it takes for the USCIS to approve an application fluctuates greatly and also varies from service center to service center. Therefore it is important to renew your EAD at the earliest opportunity, which means immediately after the 120-day mark.
Q. When do I have to pay the EAD extension fee if my AOS application is pending?
A. If you filed Form I-485, Application to Register Permanent Residence or Adjustment of Status on or after July 30, 2007, you don’t need to pay any additional fees for also filing a request for employment authorization on Form I-765. If you filed Form I-485 before July 30, 2007, you will have to pay the renewal fee. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date.
Please note: You still need to check the receipt notice of your I-485 notification to confirm whether your EAD renew fee is waived as the old I-485 fee was extended to August 17, 2007 to cover the lost time for people who were otherwise eligible for filing AOS under the July Visa Bulletin.
Q. Where do I file my EAD application?
A. It depends on your current visa status. You should always check with your attorney or the USCIS website before you file.
Q. When can I get a 2-year EAD?
A. If you have a pending I-485 while your I-140 has been approved, and a visa number is not available to you, you are eligible for an EAD that is valid for two years. Adjustment of Status applicants whose priority dates are current will continue to receive 1-year EADs.
Q. Can my family members also work using an EAD while the AOS application is pending?
A. Yes. Spouses and children of the principal applicant also can apply for an EAD to accept employment while the principal’s AOS and their own applications are pending.
Q. Do I need to have an employer to apply for my EAD?
A. No. You can apply for an EAD yourself.
Q. I have a full time job and a part time job. Can I work for two employers on one EAD?
A. Yes. You can work for as many employers as you like on one EAD.
Q. What is the filing fee for an EAD application now?
A. Starting November 23, 2010, the filing fee for an EAD application is $380. Always check USCIS.gov for the most recent fee schedule as fees can change.
Q. What is an Advance Parole (AP)?
A. An applicant with a pending I-485 Adjustment of Status case can use AP to return to the U.S. without invalidating the pending adjustment. If the applicant leaves the U.S. without an approved Advance Parole document, his/her I-485 application will be considered abandoned, unless the applicant is subject to one of the exceptions.
Q. Are there any exceptions on Advance Parole?
A. Yes. People having H, L, K, or V visa status can return to the U.S. using either an AP or a valid visa (H1, H4, L1 or L2). Using their visa will not jeopardize their AOS application.
Q. What documentation needed to apply for AP?
A. You will need to submit:
Q. Can I E-file the AP application?
A. Certain Form I-131 filings may be electronically filed with USCIS. You should check with your attorney as to whether you qualify.
Q. Is an AP a Reentry Permit?
A. No. A reentry permit is issued to permanent residents who plan to live outside the U.S. for one year or more without having to apply for a returning resident visa.
Q. What if I am outside the U.S.? Can I apply for an AP or EAD?
A. No. Initial AP or EAD cannot be granted to a person outside the U.S. However, if you have a valid refugee or asylee status, or that you are a permanent resident as a direct result of your refugee or asylee status in the U.S., you may be permitted to file Form I-131 and apply for a Refugee Travel Document.
Q. What is the 3/10 year bar for the AP?
A. A person who was granted Advance Parole but was unlawfully present in the U.S. for 180 days/one year prior to filing for Adjustment of Status will be subject to the 3/10 year bar upon return because departure from the US triggers the bar. If an adjustment applicant had 180 days/one year of unauthorized stay in U.S. before filing Adjustment of Status, his/her departure on an Advance Parole will trigger the 3/10 year bar. USCIS will not issue an AP if it finds out the person would be subject to removal upon return unless it is likely that a waiver would be granted. It is not a defense to the 3/10 year bar that USCIS issued an AP in error to a foreign national. If you had prior immigration violations, check with an experienced immigration attorney prior to applying for an AP.
12/13/2010
A. EAD is otherwise referred to as Form I-688, Form I-688A, Form I-688B, Form I-766, or any successor documents issued by USCIS as evidence that the holder is authorized to work in the U.S.
Q. Who is eligible for employment authorization?
A. The USCIS regulations establish three categories of persons eligible for employment authorization: (1) persons authorized for employment incident to status; (2) persons authorized to work for a specific employer incident to status; and (3) persons who must apply for permission to work.
Please note: Persons in the first and third categories must apply for an EAD through Form I-765.
Q. Who must apply for an EAD?
- F-1 students seeking Optional Practical Training;
- F-1 students seeking off-campus employment due to severe economic hardship;
- Beneficiaries of a pending I-485 Adjustment of Status;
- M-1 students seeking Practical Training after completing their studies;
- Refugees, asylees and asylum seekers, (although asylees need not have the document to be eligible to work);
- Spouses or minor children (16 to 18 years old) of J-1 exchange visitors;
- Spouses (not children) of L-1 transferees;
- Fiancé (e)s of American citizens;
- V1, V2, or V3 visa holders;
- Persons under Temporary Protected Status (TPS);
- Dependents of foreign government officials;
- Persons granted a withholding of deportation or removal.
Q. Can I E-file the EAD application?
A. Certain Form I-765 filings may be electronically filed with USCIS. You can visit the USCIS website for a list of persons eligible to E-file the EAD application.
Q. Do I still need to send supporting documents to USCIS after the E-filing?
A. Yes. USCIS requires you to send two passport style color photos taken within 30 days and a copy of your last EAD card (front and back page). Also, you need to send other legal documents that would support your application, such as the receipt notice of your I-485 application.
Q. Do I need an EAD if I am now under H-1B status and have a pending Adjustment of Status (AOS)?
A. No. When you are under H-1B status, you are authorized to work for the employer who sponsored your H-1B visa application. However, it is usually recommended to apply for an EAD with your I-485 application in case you are unable to extend or maintain your H-1B status in the future. You can also work for more than one employer with your EAD while you can only work for the employer who sponsored your H-1B visa application with your H-1B. But if you work for another employer on your EAD, you are no longer on an H-1B status. This does not mean that you have violated your status.
Q. Do I need to renew my EAD?
A. Yes. Generally speaking an EAD will only be valid for a year, sometimes for 2 years. If you use an EAD for employment, you need to renew it prior to it expiry. USCIS revised its policy in 2008 that EAD renewals cannot be filed more than 120 days prior to their expiration date. All EAD renewals filed too early will be rejected. It is thus very important to carefully count the number of days before submitting an application. The time it takes for the USCIS to approve an application fluctuates greatly and also varies from service center to service center. Therefore it is important to renew your EAD at the earliest opportunity, which means immediately after the 120-day mark.
Q. When do I have to pay the EAD extension fee if my AOS application is pending?
A. If you filed Form I-485, Application to Register Permanent Residence or Adjustment of Status on or after July 30, 2007, you don’t need to pay any additional fees for also filing a request for employment authorization on Form I-765. If you filed Form I-485 before July 30, 2007, you will have to pay the renewal fee. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date.
Please note: You still need to check the receipt notice of your I-485 notification to confirm whether your EAD renew fee is waived as the old I-485 fee was extended to August 17, 2007 to cover the lost time for people who were otherwise eligible for filing AOS under the July Visa Bulletin.
Q. Where do I file my EAD application?
A. It depends on your current visa status. You should always check with your attorney or the USCIS website before you file.
Q. When can I get a 2-year EAD?
A. If you have a pending I-485 while your I-140 has been approved, and a visa number is not available to you, you are eligible for an EAD that is valid for two years. Adjustment of Status applicants whose priority dates are current will continue to receive 1-year EADs.
Q. Can my family members also work using an EAD while the AOS application is pending?
A. Yes. Spouses and children of the principal applicant also can apply for an EAD to accept employment while the principal’s AOS and their own applications are pending.
Q. Do I need to have an employer to apply for my EAD?
A. No. You can apply for an EAD yourself.
Q. I have a full time job and a part time job. Can I work for two employers on one EAD?
A. Yes. You can work for as many employers as you like on one EAD.
Q. What is the filing fee for an EAD application now?
A. Starting November 23, 2010, the filing fee for an EAD application is $380. Always check USCIS.gov for the most recent fee schedule as fees can change.
Q. What is an Advance Parole (AP)?
A. An applicant with a pending I-485 Adjustment of Status case can use AP to return to the U.S. without invalidating the pending adjustment. If the applicant leaves the U.S. without an approved Advance Parole document, his/her I-485 application will be considered abandoned, unless the applicant is subject to one of the exceptions.
Q. Are there any exceptions on Advance Parole?
A. Yes. People having H, L, K, or V visa status can return to the U.S. using either an AP or a valid visa (H1, H4, L1 or L2). Using their visa will not jeopardize their AOS application.
Q. What documentation needed to apply for AP?
A. You will need to submit:
- A copy of an official photo identity document showing your photo, name, and date of birth. Please note that Form I-94 is not as acceptable as a photo identity documents;
- A copy of any document issued to you by USCIS showing your present status in the U.S.;
- Form I-131; and
- An explanation or other evidence showing the circumstances that warrant issuance of an AP document.
Q. Can I E-file the AP application?
A. Certain Form I-131 filings may be electronically filed with USCIS. You should check with your attorney as to whether you qualify.
Q. Is an AP a Reentry Permit?
A. No. A reentry permit is issued to permanent residents who plan to live outside the U.S. for one year or more without having to apply for a returning resident visa.
Q. What if I am outside the U.S.? Can I apply for an AP or EAD?
A. No. Initial AP or EAD cannot be granted to a person outside the U.S. However, if you have a valid refugee or asylee status, or that you are a permanent resident as a direct result of your refugee or asylee status in the U.S., you may be permitted to file Form I-131 and apply for a Refugee Travel Document.
Q. What is the 3/10 year bar for the AP?
A. A person who was granted Advance Parole but was unlawfully present in the U.S. for 180 days/one year prior to filing for Adjustment of Status will be subject to the 3/10 year bar upon return because departure from the US triggers the bar. If an adjustment applicant had 180 days/one year of unauthorized stay in U.S. before filing Adjustment of Status, his/her departure on an Advance Parole will trigger the 3/10 year bar. USCIS will not issue an AP if it finds out the person would be subject to removal upon return unless it is likely that a waiver would be granted. It is not a defense to the 3/10 year bar that USCIS issued an AP in error to a foreign national. If you had prior immigration violations, check with an experienced immigration attorney prior to applying for an AP.
12/13/2010