What is an I-765?

The I-765 is an employment authorization document, which is also known as a “work permit.” This document, issued by the USCIS gives the holder a legal right to work in the United States. This application is available to certain non-residents so they can request the ability to work here for a specific period of time. If granted, a foreign national can now lawfully work in the United States for either one employer exclusively or any employer at all. If you think you may qualify for an EAD, here are some of the questions you may have: 

Am I eligible for an employment authorization document?

Several different scenarios may grant you the ability to lawfully work in the United States. Here are some examples of certain people or scenarios that may qualify:

• Asylees or refugees
• Certain foreign students
• Employment-based nonimmigrants
• Family-based nonimmigrants
• Citizens of certain nationalities
• EAD applicants who have already applied for an adjustment of status

Why would I apply for an EAD?

The three main reasons someone would apply for an EAD are as follows:

• Renewal: You can apply for a renewal EAD if yours is about to expire.
• Replacement: If your EAD has been lost, destroyed, or has incorrect information, you can apply for a replacement.
• Interim use: You can request this EAD while you wait for the outcome of your initial application.

How long will it take to receive a work authorization?

Unfortunately, there is no guaranteeing when you will receive your work authorization. However, you may receive an interim authorization if USCIS has not answered a properly filed application within 90 days of receipt. However, you should know that this authorization will only last for 240 days, so it is always a good idea to hire an experienced attorney to prepare an immigration-related petition or waiver request to obtain legal assistance. 

What is an H-1B Visa?

An H-1B Visa is perhaps the most common type of work authorization visa. This temporary work visa allows employers to employ foreign workers in specialty occupations. However, these are not “ordinary” jobs. The regulations define specialty occupations as requiring a theoretical and practical application of a body of highly specialized knowledge in a certain technical field. You may only receive this visa if you have a bachelor’s degree or its equivalent in work experience. Some examples of specialty jobs include, but are not limited to:

• Biotechnology
• Medicine and health
• Education Law
• Architecture
• Engineering
• Accounting
• Mathematics
• Physical sciences
• Social sciences

The initial H-1B is granted for three years, though it could be extended another three years, if necessary. 

Contact our New York City firm

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.