If you are a noncitizen who is legally residing in the United States, there is still a means of earning an income during your stay. This is through an employment authorization document (EAD), otherwise known as a work permit or Form I-765. You must be diligent when applying for and renewing this document, as you do not want to face the consequences of performing unauthorized work. With that being said, please follow along to find out some pitfalls you should avoid falling for when applying for an employment authorization document, and how one of the proficient Lancaster County, PA work visa lawyers at Lupton Law LLC can help if you face any roadblocks along the way.
What common mistakes should I avoid with my employment authorization document?
At the bare minimum, you should ensure your Form I-765, Application for Employment Authorization, is filled out with the correct information. Even if it is done unintentionally, providing information that contradicts your supporting documents (i.e., passport biographic page, your I-94 record, your current immigration category, etc.) may raise red flags with the United States Citizenship and Immigration Services (USCIS).
In a best-case scenario, they may delay processing your application and order requests for evidence (RFEs). But in a worst-case scenario, they may deny your petition outright and accuse you of fraud, which could ultimately jeopardize your entire immigration status.
Secondly, depending on your eligibility category, you may not be allowed to leave the U.S. while your EAD application is still pending (i.e., student visa holders or adjustment of status petitioners). Even if you are required to travel abroad for emergency purposes, it is best to consult with your lawyer to determine whether you need advanced permission not to make it seem as though you are abandoning your petition.
Lastly, you should not start working until you get an official notice that your EAD application has been approved. That is, working without valid authorization can be in direct violation of immigration laws, which threatens your current legal status. More specifically, you may be up against removal proceedings and more challenging immigration applications in the future. Not to mention, you may get your employer unnecessarily in trouble.
What should I do if my employment authorization document application is denied?
Even if you were very meticulous with filling out and filing your employment authorization document petition, the USCIS may still notify you that it has been rejected. You must understand the exact reason for the denial, as it may influence the next steps you take.
That is, with certain simple mistakes, you may be able to file a motion to reopen your application. Or, if it is more complex than this, you may start over and submit an entirely new petition. Other times, your lawyer may advise you to adopt a totally different legal strategy for obtaining work authorization.
If you know for certain that you want to pursue an EAD, there is no need to wait any longer. Please reach out to one of the talented Lancaster County, PA work visa lawyers from Lupton Law LLC to kickstart your application process today. We look forward to hearing from you.
