Lana Oconnell
International students with an Employment Authorization Document (EAD) can establish their identity and employment authorization by presenting their EAD for Form I-9, Employment Eligibility Verification. The EAD card information, including the Alien Number (A-Number), EAD card number, and expiration date, should be entered under List A in Section 2 of Form I-9. F-1 students with an EAD can work off-campus for a maximum of one year and must re-apply if they need to continue working off-campus. To renew an EAD, students should file Form I-765 within 6 months of the expiration date on their current EAD. This paragraph introduces the topic of international students with EADs and their ability to sign Form I-9, as well as providing some additional information on work authorization and EAD renewal.
| Characteristics | Values |
|---|---|
| Who needs an EAD? | Vocational students in M-1 non-immigrant status, F-1 students participating in OPT, refugees, asylees, U non-immigrants, aliens in the U.S. |
| Who doesn't need an EAD? | Lawful permanent residents, H-1B, L-1B, O, or P non-immigrants, Dependents of foreign governments, international organizations, and NATO personnel |
| How to apply for an EAD? | File Form I-765, "Application for Employment Authorization," within 30 days of DSO endorsing Form I-20 |
| When to apply for an EAD? | 90 days to 6 months before the expiration of the current EAD |
| Renewal of EAD | File Form I-765 within 6 months of the expiration date on the current EAD |
| Replacement of EAD | File Form I-765 in case of loss, theft, or destruction of the EAD |
| Timeframe for receiving EAD | 2 weeks to 30 days from approval |
| EAD card redesign | USCIS redesigns the EAD card every 3 to 5 years to prevent fraud and counterfeiting |
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What You'll Learn
International students with EAD must complete Form I-765
International students seeking employment in the United States must complete Form I-765, also known as the Application for Employment Authorization, to obtain an Employment Authorization Document (EAD). The EAD is a crucial document that authorises international students to work in the US.
F-1 students seeking off-campus employment due to unforeseen economic hardship, for example, are eligible to file Form I-765. However, it is important to note that most foreign students are not allowed to work off-campus during their first academic year. After the first academic year, F-1 students can seek off-campus employment through a variety of programs.
The process of completing Form I-765 involves six different parts, including indicating the reason for the application, such as applying for Optional Practical Training (OPT) for the first time or a STEM OPT extension. Students must also submit the required documentation based on their specific category. For instance, F-1 students need to provide documentation showing their student status for a full academic year and proof that employment will not interfere with their studies.
It is important to ensure that all sections of the application are completed accurately, as it can be difficult to make changes after submission. The form can be filed online through the USCIS portal, and there is a processing fee of $410, payable to USCIS at the time of filing.
Additionally, international students should be aware that they may need to renew their EAD periodically. Renewal applications should generally be submitted within 180 days of the expiration date to avoid any gaps in employment authorisation.
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EAD establishes identity and employment authorization
The Employment Authorization Document (EAD) is a vital lifeline for several categories of non-citizens in the United States, enabling them to work legally even if they don't have inherent work rights. The EAD establishes identity and employment authorization for Form I-9, Employment Eligibility Verification, purposes. Students can present their EAD to establish identity and employment authorization. For students who present an EAD, the employer should enter the EAD information, including the Alien Number (A-Number), EAD card number, and expiration date under List A in Section 2 of Form I-9.
To apply for an EAD, one must complete Form I-765, the Application for Employment Authorization. This form must be filled out accurately and completely, as errors can lead to delays in processing. Applicants must also attach all necessary documentation that validates their eligibility for an EAD, including proof of their current immigration status, identity, and eligibility category. Additionally, applicants will need to provide supporting documents, which may vary depending on their specific eligibility category. Commonly required documents include a passport-style photo and a copy of a government-issued ID, such as a passport or national ID card.
The EAD is typically a laminated card that contains vital information, including the holder's name, photo, and a unique identification number. The card also includes the work authorization expiration date, which appears in a box at the bottom. Restrictions on employment, if any, are noted under "Terms and Conditions." If there are no restrictions, the word "none" will appear in this space. In certain circumstances, the card may not bear a fingerprint, in which case the words "fingerprint not available" will be printed on the right side of the card.
It is important to note that the EAD is not required for everyone. Lawful permanent residents, for example, do not need to apply for an EAD as their Green Card serves as evidence of their employment authorization. Additionally, certain nonimmigrant statuses, such as H-1B, L-1B, O, or P, authorize individuals to work for a specific employer without the need for an EAD. However, for those who require an EAD, it serves as an essential document that grants them the legal right to work in the United States.
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OPT provides practical training for F-1 students
Optional Practical Training (OPT) provides temporary employment that is directly related to an F-1 student's major area of study. OPT is a great way for F-1 students to gain practical experience in their field of study. To be eligible, students must be enrolled full-time for one full academic year at a college or university that is certified by the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) to enrol F-1 students.
F-1 students participating in OPT must obtain an Employment Authorization Document (EAD) from USCIS before they can start working. The EAD establishes their identity and employment authorization for Form I-9 purposes. The student may not commence employment until the date specified on the EAD. While still enrolled, a student approved for OPT may work up to 20 hours per week while school is in session and full-time during the student's annual vacation and at other times when school is not in session.
After completing their studies, F-1 students can be authorized for up to 12 months of OPT. Certain F-1 students may be eligible for an extension of their OPT. For instance, students who earned a degree in Science, Technology, Engineering, or Mathematics (STEM) fields may apply for a 24-month extension of their post-completion OPT if they meet specific requirements.
It's important to note that OPT is temporary, and authorization to engage in OPT will eventually end. However, as long as students maintain their student status, their F-1 status will not be affected by the termination of their EAD. Students must not work on a terminated EAD, as it means they are no longer authorized to work in the United States using that OPT EAD.
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F-1 students must enter Card Expires date in Authorized to Work Until field
F-1 students on Optional Practical Training (OPT) must obtain an Employment Authorization Document (EAD) from USCIS before they can start working. The EAD establishes the student's identity and employment authorization for Form I-9, Employment Eligibility Verification, purposes.
To complete Section 1 of Form I-9, F-1 students must enter the "Card Expires" date from their EAD in the "Authorized to Work Until" field. This date indicates the last day they are authorized to work.
In Section 2 of Form I-9, the student should enter the EAD's card number and expiration date under List A. When the EAD expires, the student's employment authorization must be reverified in Section 3. The student may choose to present any List A or List C document that shows they are authorized to work in the US.
F-1 students can seek off-campus employment only after their first academic year and through specific programs, such as OPT or Curricular Practical Training (CPT). CPT allows students to engage in paid work or internships that are integral to their degree program curriculum. For CPT, students should enter the CPT employment end date from their Form I-20 in Section 1 as the date their employment authorization expires.
It is important to note that F-1 students participating in OPT must not begin employment until the date indicated on their EAD. While still in school, they can work up to 20 hours per week and full-time during annual vacations or when school is not in session. After completing their studies, F-1 students are typically authorized for up to 12 months of OPT, with some students in STEM fields being eligible for a 24-month extension.
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EAD card redesigns occur every 3-5 years
The Employment Authorization Document (EAD) is a way for non-US citizens to prove that they are authorized to work in the United States for a specific time period. For instance, vocational students in M-1 nonimmigrant status may accept employment only if it is part of a practical training program after they complete their course of study. They must receive an EAD to begin working and can only work for a maximum of six months of practical training.
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Frequently asked questions
EAD stands for Employment Authorization Document, which is a way to prove that you are authorized to work in the United States for a specific time period.
You need to apply for an EAD if you are authorized to work in the United States due to your immigration status or circumstances and need evidence of that employment authorization. For example, you might be an asylee, refugee, or U nonimmigrant.
International students with EAD can use their EAD to establish their identity and employment authorization for Form I-9, Employment Eligibility Verification, purposes. Students can present their EAD by entering their EAD information, including the Alien Number (A-Number), EAD card number, and expiration date under List A in Section 2 of Form I-9.
To apply for an EAD, you generally need to file Form I-765, Application for Employment Authorization. You can begin the application process by creating a USCIS account online and filing Form I-765. After approval, your EAD card should be produced within 2 weeks and will be mailed to you via USPS Priority Mail.
