Everything in immigration involves discretion. Every immigration benefit, application, and petition must obtain a favorable exercise of discretion in order to be approved — and that is something only the reviewing officer or the Immigration Judge possesses. The statute and regulations set the eligibility floor. Roberta builds each case to meet both.
You need a statutory basis to work
Employment authorization in the United States requires a statutory basis. You can obtain employment authorization if you have filed an application for asylum, or for adjustment of status, among others. If the underlying basis is denied, however, the authorization becomes invalid.
I tell my clients to think of it like a car. If you remove the wheels, the car falls down.
What unauthorized work exposes you to
Working without authorization in the United States can subject you to removal proceedings. If you have an immediate immigrant visa through a United States Citizen or child over 21, unauthorized employment is excused by statute along with unlawful presence.
It also exposes the employer
Working without authorization exposes the employer as well as the employee. Under IRIIRA, an employer hiring or retaining an employee known to be working without authorization is subject to a fine of $5,000 and a year in prison.
Employment authorization in the U.S. requires a statutory basis. Common categories include pending adjustment-of-status applicants, asylum applicants (after the 150-day waiting period plus 30 days), TPS recipients, DACA recipients, refugees, and specific non-immigrant spouses (H-4, L-2, E-1/E-2) under defined circumstances. The complete list of eligibility categories is in the Form I-765 instructions. The category drives the documentation required.
USCIS publishes processing-time ranges by category. The standard target is 90 days for renewals, but actual processing has been running considerably longer for many categories — often 5 to 8 months for initial applications. There is an automatic extension of up to 540 days for certain renewals filed before expiration. The timeline matters because an expired EAD without a valid extension means you cannot legally work.
If the underlying basis for the EAD is denied — your asylum case, your adjustment-of-status application, your TPS designation — the EAD becomes invalid. You should stop working as of that date. Continuing to work after the underlying basis is denied is unauthorized employment that can expose you to removal proceedings. We track the underlying case and advise clients well in advance of any change in status.
Most EADs are issued for one or two years, though some categories allow longer validity periods. The validity is printed on the card itself. You can apply to renew the EAD up to 180 days before expiration; certain categories receive an automatic extension while the renewal is pending.
Yes. Under federal law, an employer who knowingly hires or retains an employee working without authorization is subject to civil fines and, in serious cases, criminal penalties. This is one reason employers verify employment authorization through Form I-9 and, where required, E-Verify. If you are unsure whether your work authorization is valid, talk to an immigration attorney before continuing to work.