As hiring needs continue to grow throughout the United States, employers must increasingly turn to immigrants to help their businesses grow and succeed long term. The State of California requires employers to only hire workers who, no matter their citizenship status, have legal authorization to work within the state’s and country’s borders.
In the United States, the only way an in-country immigrant who hasn’t yet achieved citizenship can work legally for any employer is with an Employment Authorization Document. Read on to learn more about the main paths to legal work permit status in California…
What Is an Employment Authorization Document?
As recognized by the State of California’s Employment Development Department (EDD) and the U.S. Department of Homeland Security (DHS), an EAD work permit approved and issued by the U.S. Citizenship and Immigration Services (USCIS) gives specific people the right to work for one to two years.
Typically, approved workers have asylee, parolee, refugee or temporary worker status or face some other unique immigration scenario. For example, they might possess extraordinary abilities or have status as the spouse of a visa holder. They might also have a pending adjustment of status for permanent residence application.
Once the USCIS issues the EAD, they receive the same employment rights, responsibilities and rules as citizens, some work visa holders and permanent resident Green Card holders. Nonimmigrants without permission to work in the U.S. must also apply for an EAD. Those who have permission to work for a specific employer don’t need the permit.
What Is the EAD Application Process?
An immigrant must confirm first that they fulfill employment eligibility requirements. They can usually confirm their status through their U.S. caseworker or a member of the USCIS. They then submit “Form I-765, Application for Employment Authorization,” with supporting documentation that confirms their status as an eligible immigrant and their reason or reasons for making the request. They must also pay a fee or request a waiver.
After the USCIS confirms receipt of the application and documents, the applicant performs the necessary steps to have an ID created and their biometric details placed on file. If the USCIS approves their request, they then wait for the United States Postal Service to bring them their new EAD card or pick it up at an approved government office. They also apply for a Social Security Number and card.
What Are California’s Requirements?
Any employer in the state must confirm the immigrant EAD holder’s eligibility to work in the United States. On the first day of work, or prior to the worker’s employment, they complete and submit “Form I-9, Employment Eligibility Verification.” Workers who fill out this form or allow an employer to submit it prior to their first authorized date, without their EAD card, or during a card expiration and renewal application period risk losing their authorization, deportation and refusal of re-entry for up to a decade. This is the only major requirement.
Important DHS Change
In December 2024, DHS approved an automatic extension of employment authorization and submission of documents for an EAD renewal from 180 days to 540 days to prevent a lapse in authorization. As a result, an immigrant with an EAD card who still needs to continue to work while awaiting card renewal can switch employers and receive confirmed eligibility with the submission of Form I-9 while they wait for processing of their renewal application. This ruling also allows employers to retain their current employees without having to find temporary replacements because of long renewal processing times. In some cases, the change also extends a two-year authorization to a five-year one.
