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TSC University. Form I-765 Application for Employment Authorization. Introduction. Certain aliens who are temporarily in the United States may request permission to work inside the United States
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TSC University Form I-765 Application for Employment Authorization
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.
Categories of Employment Authorization Documents (EAD) • Initial EAD card • Replacement EAD card • Renewal EAD card • Interim EAD card
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
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
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
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)
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.