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Employment Authorization Document

Employment Authorization Document (Work Permit)

Under certain visas and entry categories the USCIS allows entrants and sometimes their spouses, parents, siblings and even children above a certain age to work, pay taxes and partake in Social Security and healthcare program benefits. This Employment Authorization Document (EAD) is not required nor should it be obtained when the entry visa for employment purposes was granted to work. If used, it will only confuse the matter and may in some instances void that work visa.

H1B Visas and the Employment Authorization Document

An H1B visa is a work visa so an EAD is not also required. Also, having an EAD and using it, even with a second, nighttime or part-time employer, we believe will void the H1B visa. Some attorneys are willing to gamble on that fact. Are you? To work for an additional, night job, or second part-time employer, the H1B holder should apply for another H1B visa.

The EAD when used is renewable every year and is not a travel document. EAD's filed with a USCIS Form I-485 when granted receive a 2-year renewal period. When filing for an adjustment of status, it is often simultaneously applied for along with a travel document.

Submission Process

Work documents are processed with USCIS Form I-765, all accompanying documentation and paying all required filing fees. DACA applicants use USCIS Form I-821D.

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