Job Offered While I-765 Pending

When you are staying in the United States for a temporary period of time and are looking to get a job while in the country, you will have to get an Employment Authorization Document, EAD.

If you have been offered a job, but your Form I-765 is still pending, what should you tell the employer?

You just have to be honest. You have to let him or her know that you cannot work until your eligibility has been checked and your form has been approved. U.S. employers have to make sure that you are eligible to work as part of the hiring process, and he or she will find out that you have no EAD anyway.

What are I-765 Categories

To be eligible for an EAD, you must belong to one of the following categories:

  • Asylee/Refugee and Their Spouses and Children
  • Nationality Categories
  • Foreign Students
  • Eligible Dependents of Employees of Diplomatic Missions, International Organization, or NATO
  • Employment-Based Nonimmigrants
  • Family-Based Nonimmigrants
  • Adjustment-of Status Categories
  • Parents of certain special immigrants
  • Children of certain special immigrants of N-9 visa holders
  • Granted withholding of Deportation or Removal
  • Applicant for Suspension of Deportation
  • Paroled in the Public Interest
  • Deferred Action

What are the I-765 Required Documents

To file Form I-765, you will have to submit the following documents:

  • A copy of your arrival-departure record, Form I-94.
  • A copy of your previous EAD if you had one. If not, you should submit a government-issued ID such as a passport or birth certificate with photo ID.
  • Two identical color 2” x 2” pictures of yourself taken within 30 days of the filing of your application.

The EAD lasts for one year since the date it was granted to you.

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