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TSC University Form I-765 Application for Employment Authorization.

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Presentation on theme: "TSC University Form I-765 Application for Employment Authorization."— Presentation transcript:

1 TSC University Form I-765 Application for Employment Authorization

2 Introduction Certain aliens who are temporarily in the United States may request permission to work inside the United States Other aliens who are authorized to work in the United States (with or without restrictions) must apply to USCIS for a Employment Authorization Document (EAD) that shows such authorization.

3 Categories of Employment Authorization Documents (EAD) Initial EAD card Replacement EAD card Renewal EAD card Interim EAD card

4 Classifications Processed at TSC (a)(6) K-1 Nonimmigrant Fiancé (e) Of USC or K-2 Dependent (a)(11) Deferred Enforced Departure (DED)/Extended Voluntary Departure (EVD) (a)(13) Family Unity Granted (a)(17) Spouse of E-1/E-2 Treaty Trader or Investor (a)(18) Spouse of an L-1 Intracompany Transferee (c)(2) CCNAA Dependent (Coordination Council for North American Affairs) (c)(3)(i) F-1 Optional Practical Training (c)(3)(ii) F-1 International Organization (c)(3)(iii) F-1 Economic Necessity (c)(3)(iv) F-1 Special Student Relief (c)(5) J-2 Spouse or Minor child of Exchange Visitor (c)(6) M-1 Practical Training (c)(8) Asylum Pending

5 Classifications Processed at TSC (cont) (c)(9) I-485 Pending (c)(17)(1) B-1 Domestic of Nonimmigrant (c)(17)(ii) B-1 Domestic of USC (c)(17)(iii) B-1 Airline Employee (c)(20) Legalization Applicant LULAC (c)(22) Legalization Applicant CSS (Catholic Social Services) (c)(24) Legalization App LULAC or Zambrano Class Member these cases can never be e-filed (a)(02) Legalization App (replacement cards only) initial 4 yrs —See 8 C.F.R. § 274a.12

6 Most Common Problems Encountered & Issuing a RFE These most common situations prompt TSC to issue a Request for Evidence (RFE) to the applicant: Photos not to specifications Initial evidence not submitted Initial evidence not mailed in for e-filed applications Applicant fails to appear for biometric appointment for I-765 e-file Application not filled out completely or correctly Missing signatures

7 Most Common Problems Resulting in Processing Delays No evidence of NSEERS compliance by applicant (if applicable) For (c)(8) applicants (employment authorization while an asylum claim is pending): while an applicant may file the Form I-765 150 days after filing a complete asylum application (not counting delays requested or caused by applicant if the asylum application was filed on or after 4/1/97), an EAD cannot be issued until 180 days have passed on the asylum KLOK. Applicants should check the number of days on KLOK prior to filing. (800-898-7180)

8 Most Common Problems Resulting in Processing Delays For replacement EAD cards: evidence must be submitted to establish that the EAD card was lost, stolen, mutilated, or contains erroneous information. This may be a letter from the applicant stating the EAD card was destroyed in a fire or stolen and may include police records or pieces of the mutilated card. For renewals EAD cards: copies of prior EAD cards should be submitted. For renewal EAD cards filed more than 120 days before a previous EAD expires: an explanation of why the alien is seeking a new EAD should be submitted.

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