Do Gc Ead Family Based Require Sponsorship to Work ?
When individuals contemplate immigrating to the United States, their starting time thought usually sways towards a green card. While this may exist the ultimate goal, in that location are other options available that would let you to piece of work in the United States until a light-green card is issued. Employment Authorization Documents (EAD) are granted when an individual has a pending Immigration Petition for Permanent Residence or I-485. The card permits non-citizens to legally work in the United states of america for a U.S. employer. In this post, we'll explore the similarities and differences between EAD cards and green cards every bit well as the timeline and procedure.
Of import UPDATE: There is a significant advancement of Priority Dates in EB-3 Bharat category in Oct 2020 VISA BULLETIN. if yous are considering downgrading your petition from EB-ii to EB-3, read THIS ARTICLE.
Departure Between EAD Card vs Greenish Card
While the employment authorisation card (otherwise known as a work allow) and the greenish card share similar physical characteristics, they are very different in practice. For starters, a light-green carte du jour is an end goal while an EAD bill of fare is a means to achieve that goal.
A light-green carte du jour's main purpose is to place a foreign individual as a person who has lawful permanent resident condition. By law, employers in the U.S. are required to brand sure all of their employees have the proper say-so to work in the country. Some of the differences are as follows:
A Greenish Carte du jour Serves Multiple Purposes
A green carte gives yous both lawful permanent resident condition and the legal right to work in the U.S. With your green carte du jour, you do not demand any other document to prove your eligibility to work since that is an inherent benefit of the green menu or citizenship.
On the other mitt, an EAD is non a stand up-alone document on its own. You cannot simply come to the United States solely for the purpose of applying for an EAD. It must be tied to an underlying status, to which the EAD will be issued. This may be via a work visa or other means.
Opportunity to Travel Internationally
Another reward that green card holders possess is the ability to travel freely in and out of the country. If you travel abroad during your stay in the U.S., yous will need to provide certain documents to validate your eligibility to reenter the country. With your greenish card, you lot will be granted re-entry. Y'all cannot achieve this with just an EAD. To travel in and out of the U.Southward. as an EAD holder, you must file for a travel document with the I-131 form.
As a green card holder, you lot have the legal power to sponsor your firsthand strange relatives to too get permanent residents (greenish card holders) in the U.S. An EAD, on the other mitt, does not grant you this privilege. To file immigrant petitions for family members, you must exist a green carte du jour holder or U.S. denizen.
Permanent Over Temporary
Validity is some other major difference between an EAD and a greenish card. A permanent green card is typically issued with a ten-year validity period. However, considering information technology is a permanent condition, you lot tin always renew it and continue working and living in the U.S. for equally long as y'all'd similar.
I contrast, an EAD is issued based on your underlying condition in the U.S. If the underlying status ends, your right to piece of work in the U.Due south. also comes to an end. For example, y'all may utilise for a work permit because you have a pending piece of work visa application. However, if the application is denied, your work permit volition become invalid.
Qualification for Citizenship
The U.s.a. citizenship law allows foreign nationals to become U.Southward. citizens through naturalization. Citizenship status gives you the highest privileges in the United States that other statuses don't enjoy. For instance, you can vote and run for a public office during elections. However, citizenship is just accessible for strange nationals who have already attained lawful permanent resident condition. Y'all cannot get a denizen on the basis of existence an EAD holder.
Compared to a light-green card, an employment authorization carte (or piece of work permit) is much more limited in what you can do, although it is bachelor to a wide range of non-immigrant categories likewise as those waiting for pending applications with USCIS. What's more, unlike green cards, EAD cards can range in their validity period depending on the status of the menu holder.
For instance, an individual who is in the U.S. on a fiance/K1 visa may probable use for an employment authorisation card that lasts only ninety days. Information technology'southward also worth noting that green cards granted to lawful provisional residents are only valid for a flow of ii years. In these instances, if the proper steps are not taken to adapt the status to permanent residency, the condition has a finite lifespan.
However, once those conditions are lifted and permanent residency is granted. Your light-green card typically has a validity menstruum of x years.
Similarities Between a Greenish Card and EAD
Rights to Renew Condition
Both the green card and EAD are usually issued with the provision to renew. While the green card is by and large known as a permanent resident card, it is worth knowing that, in some cases, the validity period can initially be only 2 years. This is called a conditional greenish carte, which indicates that the holder is in a probationary period. Yous will exist required to follow the necessary procedures to remove those conditions and get your permanent (non-provisional) green card with the typical ten-year validity period.
Similarly, an EAD is typically issued with a validity period that mirrors the validity flow of your nonimmigrant status. You tin utilize to renew it provided you nonetheless have an underlying condition.
Possible Deportation
Both the green card holder and EAD holder can be deported from the United States. Though a green card is considered permanent resident status, information technology is only permanent and valid for as long as you maintain the regulations and guidelines surrounding your light-green card status. If a greenish carte du jour holder is judged to have committed a deportable offense, he or she volition be deported. Grounds for deportation include drug-related or sex crimes, terrorism, fraud, and other related offenses. The same thing applies to an EAD holder on a nonimmigrant status. Only those with U.S. citizenship are fully protected from deportation.
Disadvantages of a Light-green Card
Ane of the primary drawbacks of a green card is the processing time. Each yr, a express amount of employment and family-based green cards are issued. Because the immigrant petitions usually exceed this limit, a backlog has congenital up for several green card preference levels. Depending on which category of dark-green card you take applied for, you may find yourself waiting a very long fourth dimension.
For instance, as of this post, the current expect time for an EB-3 greenish bill of fare for residents of mainland China is 11 years. It is even worse for family unit-based visas. For an F4 greenish menu for residents of the Philippines is over twenty years.
This is because citizens of China and the Philippines have filed more petitions than there were bachelor visas, causing sure categories to become over-prescribed. When that happens, the USCIS goes by a get-go-come, first-serve basis. The sooner you file your petition, the sooner a visa number will become bachelor.
Because many people cannot wait that long to brainstorm working, non-immigrant work visas and EAD cards are two possible methods of obtaining employment in the interim.
Who Qualifies for a Greenish Card?
You can get a U.S. permanent resident (green carte holder) by applying for an employment-based immigrant visa or a family-based immigrant visa. There are various types of immigrant visas under these two categories:
Family-Based Green Carte: To be eligible for a family-based green card, you must have a qualifying familial relationship with a U.S. citizen or a lawful permanent resident who will sponsor your green card application. There are two categories of relatives for the family-based green bill of fare, which are the immediate relative and family preferences.
Employment-Based Dark-green Menu: To authorize for this category, you volition need to meet certain criteria depending on the specific visa you are applying for out of the available employment-based green cards. There are many types of immigrant visas and most of them require having a job offer from a U.S.-based employer who volition sponsor your dark-green card awarding. You may besides sponsor yourself in some cases, provided you meet the requirements.
Similar to employment-based visas is the investor green bill of fare, known as the EB-v. This category requires you to invest a minimum of $900,000 or $1.8 meg in a business enterprise in the U.S. Another related immigrant visa is the EB-4, employment-based light-green carte, also known as the special immigrant visa. Those that may authorize for the EB-iv visa include religious workers, broadcasters, special immigrant juveniles, certain physicians, military machine members, and international employees of the United States government abroad.
Who Qualifies for Employment Authorization?
To get-go with, there are 2 types of EADs. One is green bill of fare-based EAD while the other is not tied to a green menu.
Dark-green Card-Based EAD
A greenish card-based EAD is issued to those whose light-green card application is being processed. While a green carte du jour on its own covers both permanent residence and a work permit, in most cases, the processing time is quite lengthy. In some instances, applicants will need to await for more than a decade to complete their light-green card application process.
To allow applicants to have a legal avenue to work and earn a living while waiting for their greenish cards, the USCIS can consequence them an EAD, which serves every bit temporary dominance to work. An EAD issued for this purpose will automatically expire the moment the bidder receives their green carte du jour. Both the green card and EAD applications can be submitted to the USCIS at the same time. While your green card processing may take years, a properly-filed EAD application is processed within 60 to 90 days.
Regular EAD
Dissimilar the green card-based EAD, the regular EAD refers to a nonimmigrant work permit and is not tied to a green card application process. There are three main categories that would brand you lot eligible for this employment authority card. According to the USCIS, they are every bit follows:
Category One: Y'all must accept employment authorization that volition result from your pending nonimmigrant condition.
Category 2: You must have the authority to work for a specific employer due to your nonimmigrant status.
Category Three: Yous must fall in a category which permits y'all to file for employment authorization. This can exist whatsoever of the following:
- A person who has sought asylum or refuge in the U.S. equally well equally their dependents and spouse.
- An F-1 or M-i educatee that falls under certain categories
- The spouse of an exchange company
- An employee whose work is related to a diplomatic mission, NATO, or some other International Organization.
- A non-immigrant with a family-based status (such every bit a K visa)
Information technology is important to annotation that just considering y'all fall into one of these categories does not automatically brand you lot eligible for an EAD card. Because each state of affairs comes with different regulations, information technology is important to work with your immigration chaser to learn if you authorize.
EAD vs H1B Piece of work Restrictions
There are many means to obtain a green card and at that place is often a debate as to which road is a better choice–EAD or H-1B visa. Below is a chart showing the differences between EAD and H-1B work options.
As you tin can run into, employment authorization cards have a host of advantages when it comes to qualifications and flexibility. However, the H-1B allows holders to work for a total of six years after extension while EADs are typically issued for a validity catamenia of one or ii years. Then either option may be best for your state of affairs depending on your employment and qualifications.
EAD to Light-green Carte Processing Time
While processing time to receive an EAD may vary depending on the service center past regulation, the USCIS is allowed up to 90 days to process your EAD application. Be enlightened that having a pending EAD does non authorize you to piece of work; the EAD card must actually be approved.
Also, note that there is no premium processing selection for employment authorization documents. For that reason, planning ahead of time is strongly recommended to avoid whatsoever gaps in employment time. Consult with a VisaNation Law Grouping immigration attorney to learn more nigh renewals and processing fourth dimension.
What is the Procedure if My EAD Has Expired?
If your EAD bill of fare is expired or is about to expire, you are likely wondering how to renew your employment authorization. You will not be able to renew your EAD more than 120 days before it expires.
If it has already expired, so you can file a renewal past submitting an Application for Employment Say-so, Form I-765. Alternatively, if you need a replacement EAD because it contains wrong information (not the fault of USCIS) or it has been lost, stolen, or damaged, you will need to submit a new I-765 and filing fee plus the EAD card containing the mistake.
New H4 EAD Dominion
New legislation has been enacted for H4 holders who will be eligible for the benefits of employment potency. In order to qualify, withal, y'all must run across the necessary criteria. The first beingness that the principal H-1B worker has to have an approved I-140 OR accept been approved for H-1B status nether sections 106(a) and (b) of the American Competitiveness in the Twenty-get-go Century Act.
Click here to read the full H4 EAD often asked questions and answers.
UPDATE: The H-4 EAD rule has come to the attention of the new presidential administration. As of the writing of this update in January 2018, this dominion is being considered for removal, which would brand it impossible for the spouses of H-1B holders to gain employment through the EAD. Nevertheless, there may be other routes to employment for this clearing demographic. Speak with your immigration attorney to find out what is almost appropriate for your instance.
EAD vs Light-green Card Recap
If your goals are just to work in the The states for a period of time and not necessarily establish it as your permanent residence, and so it may be best to merely employ for an EAD and featherbed the green carte du jour awarding process altogether. Again, the EAD vs Green card debate is one best handled by an immigration attorney who tin review the specifics of your instance.
- PERM Labor Certification
- Employment-Based Green Bill of fare Timeline
- H-1B to Greenish Card
- EB-1A Greenish Carte du jour
- EB-1B Light-green Card
- EB-1C Greenish Card
- O-ane Visa vs EB-1 Green Card
- H-4 EAD Rule
- H-iv EAD FAQs
Source: https://www.immi-usa.com/ead-vs-green-card/
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