Can you start to work before receiving EAD?
In the United States, many individuals who are applying for an employment-based visa, such as an H-1B or an L-1, often wonder whether they can begin working before receiving their Employment Authorization Document (EAD). The answer to this question depends on several factors, including the type of visa, the status of the application, and the regulations set forth by the United States Citizenship and Immigration Services (USCIS).
Understanding the EAD and Visa Process
The EAD is a document issued by USCIS that authorizes an individual to work in the United States. It is typically required for individuals who are in the United States on a nonimmigrant visa and wish to work. The process of obtaining an EAD usually involves filing Form I-765 with USCIS.
For certain visas, such as the H-1B, L-1, and O-1, individuals may be eligible to start working in the United States before receiving their EAD. However, this is not always the case for all visas. It is essential to understand the specific regulations that apply to your visa category.
Eligibility for Starting Work Before Receiving EAD
1. H-1B Visa: Individuals who have been granted an H-1B visa and have received an approval notice from USCIS can start working in the United States before receiving their EAD. This is because the H-1B visa itself authorizes employment in the United States.
2. L-1 Visa: Similarly, individuals with an L-1 visa can begin working in the United States before receiving their EAD. The L-1 visa is designed for intracompany transferees and multinational executives, managers, and specialists.
3. O-1 Visa: Individuals with an O-1 visa, which is for individuals with extraordinary ability or achievement, can also start working in the United States before receiving their EAD.
4. Other Visas: For other visa categories, such as the B-1/B-2 tourist visa or the F-1 student visa, individuals are generally not authorized to work in the United States until they receive their EAD.
Important Considerations
Even if you are eligible to start working before receiving your EAD, there are some important considerations to keep in mind:
1. Ensure that you have the appropriate visa status: Before starting work, make sure that you have the correct visa status and that your employer is aware of this status.
2. Keep track of your start date: It is crucial to know the date you are authorized to start working, as this may affect your employment authorization and potential future applications.
3. Report any changes: If your employment or status changes, be sure to report these changes to USCIS and your employer.
In conclusion, whether you can start working before receiving your EAD depends on the type of visa you hold and the regulations that apply to that visa. It is essential to understand these regulations and consult with an immigration attorney or expert if you have any questions or concerns.
