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APPLYING FOR EMPLOYMENT AUTHORIZATION AND ADVANCE PAROLE

Applicants for adjustment of status (meaning foreign nationals who have filed I-485 “Applications to Register Permanent Residence or Adjust Status”) may apply for an Employment Authorization Document (“EAD”) and/or an Advance Parole travel authorization (“AP”) from U.S. Citizenship and Immigration Services (“USCIS”).  Applicants for AP must be physically present in the United States to apply.

How to Apply

Applications for EAD and/or AP should include the following:

1.  A completed EAD application – USCIS Form I-765 (available at www.uscis.gov/I-765) and/or a completed AP application – USCIS Form I-131 (available at: www.uscis.gov/I-131) ;

2.  Two passport-style color photographs (see: http://travel.state.gov/passport/guide/guide_2081.html);

3.   Photocopy of printout of I-94 record from www.cbp.gov/I94

4.   Photocopy of Form I-797 Receipt Notice issued by USCIS regarding the pending I-485 adjustment of status or “AOS” application;

5.  Photocopy of Form I-797 Approval Notice or I-797 Receipt Notice issued by USCIS regarding the approved or pending I-140 or I-130 Immigrant Petition;

6.  Photocopy of a government-issued photo-ID, such as a clear and legible copy of a state-issued driver’s license and the photo identity page(s) from the applicant’s passport and/or the U.S. nonimmigrant visa (color copies of all documents are strongly recommended); and

On Form I-765, in Part 16, complete the three bracketed fields by inserting “c” and “9.”  Leave one of the bracketed fields blank.  It does not matter which one, as long as Part 16 indicates “(c)(9).”

On Form I-131, in Part 2, select “d.”  In Part 3, Items 3a and 4a, answer No. The remainder of the form is not applicable to an AOS applicant and may remain blank. 

We recommend that applications be filed with USCIS via traceable means, such as certified mail with a return receipt requested, U.S. Express Mail, or private overnight delivery service (such as FedEx, DHL, or UPS).

Where to Apply

USCIS has two centers that process these requests if they are based on an employment-based immigrant petition..  Where to file for an EAD and/or AP depends on where one resides.  The addresses of the two center “lock boxes” and their state jurisdictional limits are listed below.[1]

The center below has jurisdiction over the following states: AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MO, MT, NE, NV, ND, OH, OR, SD, UT, WA, WI or WY.

For U.S. Postal Service (USPS) deliveries:

USCIS
PO Box 21281
Phoenix, AZ 85036

For Express mail and courier deliveries:

USCIS
Attn:  AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

The center below has jurisdiction over the following states: AL, AR, CT, FL, GA, KY, LA, ME, MD, MA, MS, NH, NJ, NM, NY, NC, SC, OK, PA, Puerto Rico, RI, TN, TX, VT, VA, U.S. Virgin Islands, WV, or Washington, DC

For U.S. Postal Service (USPS) Deliveries:

USCIS
PO Box 660867
Dallas, TX 75266

For Express mail and courier deliveries:

USCIS
Attn: AOS
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067

What USCIS Will Do

USCIS will issue a Form I-797 Receipt Notice to the person named in Part 1 on the I-131 and/or I-765 and will send the Receipt Notice to the address listed in Part 1.  When USCIS approves the request for the AP and/or the EAD, USCIS will mail the AP and/or EAD to the applicant via first-class U.S. mail.  (The EAD is a hard plastic card, much like most state driver licenses.)  Processing times at USCIS vary, but most APs and EADs are produced in 60-90 days.  You can monitor the status of a case by visiting USCIS at: https://egov.uscis.gov/cris/caseStatusSearchDisplay.do and inserting the USCIS-issued Receipt Number. 
USCIS Processing Times can be found at: https://egov.uscis.gov/processing-times/

Renewing EAD and AP

The procedure for renewing an EAD or AP is the same as the procedure described above. USCIS treats a renewal as a new application which requires a new application and all supporting documents.  We recommend that EAD and AP renewals be filed with USCIS preferably four months (but not earlier) before the existing EAD or AP will expire so as to avoid the possibility of a gap in continued work authorization or travel authorization.

Social Security Number

AOS applicants may apply for a Social Security Number by presenting their EAD and other documents and completing a Form SS-5 in person at the nearest office of the Social Security Administration.  We have information on applying for a social security number posted at Dinsmore & Shohl’s immigration website here.


[1]  Please note that for EAD and AP applications based on a family-sponsored immigrant petition, the filing address is:

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

or for overnight delivery, such as FedEx, UPS, DHL

USCIS
Attn: FBAS
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

 

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