Have you come across the phrase “Valid for Work Only with DHS Authorization” on your employment authorization document (EAD) and wondered how to remove this restriction? If so, you’re in the right place. In this guide, we will walk you through the process of removing the “Valid for Work Only with DHS Authorization” restriction, step by step.
I. Introduction
When you receive an employment authorization document (EAD), you may notice the phrase “Valid for Work Only with DHS Authorization” printed on it. This restriction means that you can only work legally if you have received specific authorization from the Department of Homeland Security (DHS). To remove this limitation, you need to follow a few essential steps. Let’s dive into the details.
II. Understanding “Valid for Work Only with DHS Authorization”
Definition and Purpose
The “Valid for Work Only with DHS Authorization” restriction is placed on an employment authorization document to ensure that individuals are working within the boundaries of their authorized immigration status. It serves as a safeguard to prevent unauthorized employment and maintain compliance with immigration laws. By removing this restriction, you will have greater flexibility in your employment options.
Importance of Complying with the Restriction
It is crucial to comply with the “Valid for Work Only with DHS Authorization” restriction to avoid potential legal consequences. Violating the terms of your work authorization can result in serious penalties, including revocation of your work permit and even deportation. By following the proper procedure to remove this restriction, you can ensure that you are in full compliance with the immigration regulations.
III. Step-by-Step Guide to Removing “Valid for Work Only with DHS Authorization”
Now, let’s explore the step-by-step process to remove the “Valid for Work Only with DHS Authorization” restriction from your employment authorization document:
A. Gather the Necessary Documents
Before initiating the removal process, gather the required documents. These may include your current employment authorization document, passport, visa, and any other supporting identification documents.
B. Complete Form I-765
The next step is to complete Form I-765, Application for Employment Authorization. This form is used to request an employment authorization document from the United States Citizenship and Immigration Services (USCIS). Ensure that you provide accurate and up-to-date information on the form.
C. Prepare Supporting Evidence
Along with Form I-765, you will need to submit supporting evidence to establish your eligibility for the removal of the “Valid for Work Only with DHS Authorization” restriction. This may include copies of your passport, current EAD, visa, I-94 record, and any other relevant documents as required by USCIS.
D. Submit the Application Package to USCIS
Once you have completed Form I-765 and gathered the supporting evidence, assemble your application package. Make sure to follow USCIS guidelines for document organization and include the required filing fee. Send the package to the appropriate USCIS mailing address.
E. Pay the Required Fees
To process your application, USCIS requires payment of the required fees. Ensure that you include the correct fee amount with your application package. USCIS provides detailed instructions on acceptable payment methods and fee amounts on their official website.
F. Wait for USCIS to Process the Application
After submitting your application, USCIS will review your documents and process your request. The processing time may vary, so it’s important to be patient. USCIS typically provides estimated processing times on their website to help you gauge the expected waiting period.
G. Attend the Biometrics Appointment, if Required
As part of the application process, USCIS may require you to attend a biometrics appointment. During this appointment, your fingerprints, photograph, and signature will be taken for identity verification purposes. Follow the instructions provided by USCIS to schedule and attend the appointment.
H. Receive the Employment Authorization Document (EAD)
Once USCIS approves your application, you will receive an updated employment authorization document without the “Valid for Work Only with DHS Authorization” restriction. This new EAD will grant you the ability to work in the United States without the previous limitations.
I. Notify Your Employer of the Updated Work Authorization
After obtaining your new employment authorization document, it’s important to inform your employer about the removal of the “Valid for Work Only with DHS Authorization” restriction. Provide them with a copy of the updated EAD and any other necessary documentation to ensure a smooth transition and continued compliance with employment regulations.
IV. Common Challenges and Troubleshooting
During the removal process, you may encounter certain challenges or issues. Here are some common scenarios and possible solutions:
- Delays in processing: USCIS processing times can vary, and delays may occur. It’s advisable to regularly check the USCIS website for updates on processing times and contact USCIS if your application exceeds the estimated processing time significantly.
- Missing or incorrect documents: Ensure that you carefully review the document checklist and provide all required documents accurately. Double-check your application package before submission to minimize the chances of rejection or request for additional information.
- Application denial: In case your application is denied, USCIS will provide reasons for the denial. Review the denial notice thoroughly and consult an immigration attorney or legal expert to understand your options for appeal or reapplication.
Remember, each case is unique, and it’s essential to seek professional advice or guidance if you encounter any difficulties during the process.
V. Frequently Asked Questions (FAQs)
1. Can I continue working while my application is pending? Yes, you can continue working with the “Valid for Work Only with DHS Authorization” restriction while your removal application is pending. However, it’s crucial to ensure that you submit your application before your current work authorization expires.
2. How long does it take to remove the “Valid for Work Only with DHS Authorization” restriction? The processing time for removing the restriction can vary depending on various factors such as USCIS workload and your individual case. It’s recommended to check the USCIS website for the most up-to-date processing time estimates.
3. Can I apply for removal if my work permit has expired? If yourwork permit has expired, you may not be eligible to apply for the removal of the “Valid for Work Only with DHS Authorization” restriction. It’s crucial to ensure that your work permit is valid at the time of application. If your work permit has expired, you may need to explore other options such as renewing your work permit before proceeding with the removal process.
4. What happens if my application is denied? If your application for the removal of the “Valid for Work Only with DHS Authorization” restriction is denied, USCIS will provide a notice explaining the reasons for the denial. Depending on the circumstances, you may have the option to file an appeal or reapply with the necessary corrections or additional evidence. It’s advisable to consult an immigration attorney or legal expert to understand your best course of action.
5. Can I expedite the removal process? In certain situations, you may be eligible to request an expedited processing of your removal application. USCIS considers requests for expedited processing on a case-by-case basis, and eligibility criteria apply. Examples of circumstances that may warrant expedited processing include severe financial loss, humanitarian reasons, or compelling U.S. government interests. Consult the USCIS website or contact USCIS directly to understand the requirements and procedures for requesting expedited processing.
VI. Conclusion
Removing the “Valid for Work Only with DHS Authorization” restriction from your employment authorization document can provide you with greater flexibility in your employment options and ensure compliance with immigration regulations. By following the step-by-step process outlined in this guide, gathering the necessary documents, completing Form I-765, and submitting your application to USCIS, you can work towards obtaining an updated employment authorization document without this limitation.
Remember to stay informed, follow USCIS guidelines, and seek professional advice if needed. Compliance with immigration laws is essential for maintaining legal status and maximizing employment opportunities in the United States.
Frequently Asked Questions (FAQs)
1. Can I continue working while my application is pending? Yes, you can continue working with the “Valid for Work Only with DHS Authorization” restriction while your removal application is pending. However, it’s crucial to ensure that you submit your application before your current work authorization expires.
2. How long does it take to remove the “Valid for Work Only with DHS Authorization” restriction? The processing time for removing the restriction can vary depending on various factors such as USCIS workload and your individual case. It’s recommended to check the USCIS website for the most up-to-date processing time estimates.
3. Can I apply for removal if my work permit has expired? If your work permit has expired, you may not be eligible to apply for the removal of the “Valid for Work Only with DHS Authorization” restriction. It’s crucial to ensure that your work permit is valid at the time of application. If your work permit has expired, you may need to explore other options such as renewing your work permit before proceeding with the removal process.
4. What happens if my application is denied? If your application for the removal of the “Valid for Work Only with DHS Authorization” restriction is denied, USCIS will provide a notice explaining the reasons for the denial. Depending on the circumstances, you may have the option to file an appeal or reapply with the necessary corrections or additional evidence. It’s advisable to consult an immigration attorney or legal expert to understand your best course of action.
5. Can I expedite the removal process? In certain situations, you may be eligible to request an expedited processing of your removal application. USCIS considers requests for expedited processing on a case-by-case basis, and eligibility criteria apply. Examples of circumstances that may warrant expedited processing include severe financial loss, humanitarian reasons, or compelling U.S. government interests. Consult the USCIS website or contact USCIS directly to understand the requirements and procedures for requesting expedited processing.
Contact the Law Office of Ghenadie Rusu today to receive legal consultation and professional support in your work permit application process in the United States.
