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There are three categories of foreign nationals eligible for employment authorization.
► Persons authorized to be employed incident to their status. Example, a Lawful Permanent Resident, a person granted Temporary Protected Status, or a fiancé. The fiancé must apply for a work permit but not the LPR or TPS individual. The fiancé does not have to pay a filing fee.
► Persons authorized to be employed incident to their status with a specific employer. Example, H-1B, L-1 or P-1. These individuals do not apply for a work permit because their I-94 is their employment document.
► Persons who must apply for employment authorization. Example, an applicant for adjustment of status, a person with an approved asylum, withholding or cancellation application.
In many cases, the Law Offices of Evelyne M. Hart routinely files separate applications for work permits, which allows you to obtain a Social Security Number, a Driver’s License and work. Two photos and a filing fee must accompany the application. You will receive your employment authorization document (EAD) after your fingerprints are taken at an Application Support Center.
In most cases if you fall in a certain category, the application process is simple. In other cases, the Law Offices of Evelyne M. Hart must show your economic necessity.
The USCIS has 90 days to make a decision on your EAD. If a decision is not issued within 90 days, at your request, an interim employment authorization which will last 240 days will be issued. To receive an interim card, you must make an InfoPass appointment, go in person to the USCIS local office and show your fee receipt. An interim EAD should be issued at that time.
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