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1. What is the application process for a work permit? How is the I-765 application for a work permit processed?

Once the USCIS receives the I-765, it will be checked for completeness. USCIS may request more information or evidence and may request the applicant to appear at an USCIS office for an interview. USCIS may also request the applicant to submit original documents, which will be returned when they are no longer required. A decision will be made within 90 days of the application (30 days for an application based on asylum application). If approved, the EAD will be sent to the applicant or the applicant may be requested to go to the local USCIS office to pick it up. If denied, a written notice explaining the basis of denial will be sent to the applicant.

You can use the Application Receipt number (can be found on any of the notices that you would have received from the USCIS) to check your case status online.

2. How to get a work permit?

Eligible applicants may file Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD). Examples of individuals qualified to file this application are:

Asylee/Refugee and their Spouses and children

Nationality Categories                       

Foreign Students

Eligible Dependents of Employees of Diplomatic

Missions, International Organization, or NATO

Employment-Based Nonimmigrants

Family-Based Nonimmigrants

Adjustment-of-Status Categories

Other Categories

Some foreign nations are qualified to work "incident to status," which means that they are not required to file Form I-765 because employment is automatically authorized pursuant to the terms of their nonimmigrant "visa" status.

Take the free eligibility questionnaire to check if you qualify to use our quick and easy system to prepare your I-765 application online.

3. What is an Interim EAD/work permit?  

If an applicant has not received a decision from the USCIS within 90 days (30 days for asylum based applications) of a properly filed EAD/work permit, on or after Jan 4, 1995, he/she can get an interim EAD by appearing in person at the local USCIS office. He/she has to take identity proof and any notice sent by the USCIS- eg. Application receipt notice.

* This EAD/work permit is issued for a period not exceeding 240 days and is subject to the conditions noted on the document.

What if an EAD/work permit is not issued within 90 days?

If an applicant has not received a decision from the USCIS within 90 days of filing an application for employment authorization (30 days for asylum based applications) he/she can obtain an interim Employment Authorization Document (EAD) by applying in person at the local USCIS office. Eligible applicants should schedule an InfoPass appointment at www.uscis.gov. When they appear for the appointment, applicants should present a valid identity document and the Receipt Notice that shows the application has been pending for more than 90 days.

You can use the Application Receipt number (can be found on any of the notices that you would have received from the USCIS) to check your case status online.

H&A ASSOCIATES, P.C     John D. Hu, Esq.http://www.hoolaw.com/

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