What are documents that establish employment authorization?
In the United States, employment authorization is a crucial aspect for individuals seeking to work legally. Establishing employment authorization is essential for employers to ensure they are compliant with immigration laws and regulations. This article aims to provide an overview of the various documents that can be used to establish employment authorization.
The primary document used to establish employment authorization is the Employment Authorization Document (EAD), issued by the United States Citizenship and Immigration Services (USCIS). The EAD is a small, plastic card that serves as proof of an individual’s authorization to work in the United States. There are several types of EADs, each catering to different categories of individuals.
Types of Employment Authorization Documents (EADs)
1. Employment Authorization Document (EAD) for Certain Nonimmigrants: This type of EAD is issued to individuals who are in the United States on a nonimmigrant visa, such as H-1B, L-1, or F-1 students on Optional Practical Training (OPT). It allows them to work in the United States for the duration of their authorized stay.
2. Employment Authorization Document for Certain Classes of Aliens: This category includes individuals who have applied for adjustment of status, asylum, or other forms of legal immigration relief. The EAD in this case serves as a temporary work authorization until their application is processed.
3. Employment Authorization Document for Certain Aliens Who Have No Legal Status: This type of EAD is issued to individuals who are in the United States without legal status but have applied for relief under certain programs, such as Deferred Action for Childhood Arrivals (DACA).
4. Employment Authorization Document for Certain Nonimmigrants Who Have Lost Their Status: This category includes individuals who have lost their legal status due to various reasons but have applied for reinstatement or another form of relief.
Other Documents Used for Employment Authorization
In addition to the EAD, there are other documents that can be used to establish employment authorization:
1. Passport: A valid passport is required for most nonimmigrant visas and serves as proof of an individual’s authorization to enter and work in the United States.
2. Visa: A valid visa is necessary for nonimmigrant aliens to enter the United States and work legally.
3. I-94 Arrival/Departure Record: This document is issued to nonimmigrant aliens upon entry into the United States and contains information about their authorized stay and employment authorization.
4. Social Security Card: A Social Security card is not a document that establishes employment authorization but is required for individuals to work legally in the United States.
In conclusion, understanding the various documents that establish employment authorization is vital for both employers and employees to ensure compliance with immigration laws. The Employment Authorization Document (EAD) is the primary document used for this purpose, but other documents, such as passports, visas, and I-94 records, also play a significant role in proving employment authorization.
