Can you start working before receiving EAD card? This is a common question among individuals who have been granted an Employment Authorization Document (EAD) by the United States Citizenship and Immigration Services (USCIS). The EAD card serves as proof that a person is authorized to work in the United States. However, the process of receiving the EAD card can sometimes be lengthy, leading to confusion about whether one can begin working before the card is in hand. In this article, we will explore the regulations surrounding this topic and provide guidance on when you can start working without an EAD card.
The answer to whether you can start working before receiving your EAD card depends on several factors, including your immigration status, the type of employment, and the nature of your work authorization. Generally, individuals with a pending EAD application can begin working in the United States if they meet the following criteria:
1. Have an I-797 Notice of Action (NOA) showing that their EAD application has been approved and is being processed.
2. Have a valid unexpired employment authorization from a previous EAD card.
3. Have an employment authorization from a prior grant of advance parole or a temporary protected status (TPS) document.
4. Have been granted deferred action or a stay of removal by USCIS.
It is important to note that simply having a pending EAD application does not automatically grant you the right to work. USCIS must explicitly approve your application and issue you an EAD card before you can legally work in the United States.
In the event that you have met the above criteria and have a pending EAD application, you can start working immediately. However, it is crucial to keep in mind that you must have proof of your work authorization, such as a valid I-797 NOA or another acceptable document, while you await your EAD card. This proof will help you avoid any potential legal issues or employment-related challenges.
Once you receive your EAD card, it is essential to carry it with you at all times while working in the United States. The EAD card serves as official documentation of your work authorization and is required for employment verification purposes. If you do not have your EAD card and need to provide proof of employment authorization, you can use your I-797 NOA or another acceptable document in its place.
In conclusion, you can start working before receiving your EAD card if you meet specific criteria and have proof of your work authorization. However, it is important to follow the guidelines provided by USCIS to ensure compliance with immigration laws and regulations. Always keep your proof of work authorization readily available and maintain a valid EAD card once it is issued to avoid any legal consequences.
