Question from Ady, Can I Obtain an Employment Authorization Document (EAD) Before Temporary Protected Status (TPS) Approval in the USA?
Answer from AI:
In general, you cannot obtain an Employment Authorization Document (EAD) before your Temporary Protected Status (TPS) is approved. The U.S. Citizenship and Immigration Services (USCIS) typically requires that your TPS application be approved before you can apply for an EAD.
Understanding TPS and EAD
Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to be deported there. The Employment Authorization Document (EAD) is a document issued by USCIS that provides its holder a legal right to work in the U.S.
When you apply for TPS, you can also apply for an EAD by filing Form I-765, “Application for Employment Authorization” at the same time. However, USCIS will not process your EAD application until they have made a decision on your TPS application.
Here are the general steps:
- File Form I-821, “Application for Temporary Protected Status”.
- At the same time, you can file Form I-765, “Application for Employment Authorization”, if you want an EAD.
- Wait for USCIS to make a decision on your TPS application.
- If your TPS application is approved, USCIS will then process your EAD application.
There may be exceptions to this general rule. For example, if you already have a different immigration status that allows you to work in the U.S., you may already have an EAD or not need one.
It’s important to note that immigration law can be complex and varies greatly depending on individual circumstances. Therefore, it’s recommended that you consult with an immigration attorney or a legal professional for personalized advice.
For more information, you can visit the USCIS website on Temporary Protected Status and the USCIS website on Employment Authorization Documents.