Is I-797A an Employment Authorization Document? This question often arises among individuals seeking employment in the United States. In this article, we will delve into the details of the I-797A form, its purpose, and its significance in the employment authorization process.
The I-797A form, officially known as “Notice of Action,” is not an Employment Authorization Document (EAD). Instead, it serves as a notification from the United States Citizenship and Immigration Services (USCIS) regarding the status of an individual’s application for an EAD. The I-797A form plays a crucial role in the immigration process, particularly for those seeking employment authorization in the United States.
Understanding the I-797A Form
The I-797A form is typically issued to applicants who have submitted Form I-765, Application for Employment Authorization. This form is used by individuals who are eligible for employment authorization, such as those with certain nonimmigrant statuses, asylum seekers, and certain family members of U.S. citizens or lawful permanent residents.
When an applicant submits Form I-765, USCIS reviews the application and determines whether the individual qualifies for employment authorization. If the application is approved, USCIS issues an I-797A form, which notifies the applicant of the approval and provides instructions on how to obtain the actual EAD card.
The Employment Authorization Document (EAD)
The Employment Authorization Document, also known as the “work permit,” is the actual document that allows an individual to work in the United States. The EAD is a plastic card that contains the applicant’s photo, name, Alien Registration Number (A-Number), and the expiration date of the employment authorization.
Once an applicant receives the I-797A form indicating approval of their Form I-765 application, they can proceed to obtain the EAD card. The EAD card is valid for a specific period, depending on the individual’s status and the circumstances of their case.
Importance of the I-797A Form
The I-797A form is a critical document for several reasons:
1. Proof of Application Status: The I-797A form serves as evidence that an individual has applied for employment authorization and is awaiting a decision from USCIS.
2. Temporary Employment Authorization: If an applicant’s EAD card is lost, stolen, or expired, the I-797A form can be used as temporary proof of employment authorization until a new EAD card is issued.
3. Compliance with Employment Regulations: Employers are required to verify the employment eligibility of their employees by reviewing their I-797A form or EAD card. This helps ensure compliance with federal employment regulations.
In conclusion, while the I-797A form is not an Employment Authorization Document, it is an essential notification from USCIS regarding the status of an individual’s application for employment authorization. Understanding the purpose and significance of the I-797A form can help individuals navigate the complex immigration process and secure the necessary employment authorization in the United States.
