Employment Authorization Application Issues

Immigration Law

Many immigrants that want to legally work in the United States will need to file for an Employment Authorization Document by filing form I-765 with USCIS.  There are many issues that you may run into when filing for an Employment Authorization Document with USCIS.  USCIS publishes a document with instructions for filing Form I-765 on the USCIS website. Reading these instructions carefully, along with an experienced immigration law firm and Chicago employment lawyer like our friends at Mughal Law Firm, PLLC, can help with some of these common problems that applicants face when filing for an employment authorization document.

Not submitting Passport style photos

Most Applicants for an employment authorization card are required to submit two copies of a passport style photo. A passport style photo is a 2 inch by 2 inch photo on glossy paper that shows the applicant’s entire face, along with both shoulders. On the back of the photo it is necessary to write the applicant’s name and A number in pencil or felt pen. The U.S. State Department has useful instructions on what makes a good passport style photo on its website.

Not submitting the appropriate fee

USCIS will not accept your application for employment authorization unless you provide the appropriate application fee. As of the date this article was written, for most Applicants the filing fee for Form I-765 is 410.00 dollars, and many applicants must also submit an 85.00 biometrics fee. Fees to USCIS are payable through money order, check, or credit card. Checks and money orders must be written to “U.S. Department of Homeland Security” written in full without any abbreviations. One can pay through credit card by filling out form G -1450, Authorization for credit card transactions. Because filing fees can sometimes change, it is important to keep up to date on the filing fee. Many Applicants fall into filing categories which may not have to pay either a filing fee or a biometrics fee. By carefully reading the USCIS instructions for Form I-765 or by hiring an experienced immigration attorney or employment lawyer, one can learn about the many different categories and the fees required for each category.

Not providing proof of lawful entry 

USCIS usually requires proof of lawful entry to the United States to submit along with Form I-765. One can usually satisfy this requirement by providing USCIS with a copy of the most recent I-94 to be included with the Application for Employment Authorization Document. One can also usually provide a picture of their passport entry stamp for their most recent entry to the United States. These are some of the mistakes that Applicants can make when filing an Application for an EAD Card.

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