What is Adjustment of Status?

Adjustment of Status is the process used by certain people already in the United States to apply for a green card without having to leave the country. It allows an applicant to move from a temporary nonimmigrant status to lawful permanent resident status inside the U.S., instead of completing the process through a U.S. consulate abroad, which is known as consular processing.

EWI stands for “Entry Without Inspection.” It describes entering the United States without going through an official port of entry or being inspected by an immigration officer. Even if a person later encounters or is processed by border officers, the original entry is still considered EWI. This is a specific legal concept and is not the same as simply saying someone entered the country “illegally.”

What is Consular Processing?

Consular processing is the procedure used when a person applies for U.S. permanent residency through a U.S. embassy or consulate outside the United States. A qualifying family member or employer files a petition, and once it is approved and a visa is available, the applicant completes the immigrant visa process at the consulate in their home country. After entering the United States on that immigrant visa, the person becomes a lawful permanent resident.

Why Do I Have to Consular Process?

Some applicants must complete their green card process outside the United States because of how they entered the country or their immigration status at the time they apply. People who entered without inspection and certain individuals who are out of status on the filing date are often required to leave the U.S. and apply at a consulate in their home country. There are limited exceptions, such as qualifying for relief under section 245(i), that may allow processing inside the United States.

What is the Ten-Year Bar?

The ten-year bar applies to individuals who accrue more than one year of unlawful presence in the United States and then depart. Once they leave, they become inadmissible and are generally barred from returning for ten years. In some cases, a waiver may be available. If the applicant can show that a U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if they had to remain outside the country, they may qualify for a waiver such as Form I-601 or I-601A.

What are PERM Applications?

PERM is the employment-based labor certification process that many U.S. employers must complete before sponsoring a foreign national for permanent residence. The employer first obtains a prevailing wage determination from the Department of Labor and then conducts specific recruitment steps to see if there are qualified U.S. workers available for the position. If no qualified U.S. workers are found and all requirements are met, the employer can file a PERM application. An approved PERM allows the employer to move forward with sponsoring the employee’s green card.

Habeas, short for Habeas Corpus, is a legal procedure used to challenge unlawful or excessively long detention by the government. In the immigration context, it is often used for people who have been detained for a long time, frequently after receiving a removal order, when the government has not carried out the deportation. Through a Habeas Corpus petition filed in federal court, a judge reviews whether there is legal justification for continued detention and can order the person’s release if the detention is found to be unreasonable.

What Are Removal Proceedings?

Removal proceedings are the formal court process in which the Department of Homeland Security seeks to deport someone it believes is in the United States in violation of immigration law. During these hearings, an immigration judge decides two main questions: whether the person is removable and, if so, whether they qualify for any form of relief that would allow them to stay in the United States. The judge hears evidence and arguments from both sides and issues the final decision.

What is a Master Calendar Hearing?

A master calendar hearing is the first hearing in most immigration removal cases. It is a preliminary hearing where the immigration judge handles scheduling and procedural issues, such as confirming the charges, taking pleadings, identifying any applications for relief, and setting future hearing dates. The judge may also make important decisions at this stage, including whether to schedule an individual merits hearing, deny certain applications, or in some cases order removal if appropriate.

What is Writ of Mandamus?

A writ of mandamus is a lawsuit filed in federal court asking a judge to order a government agency or official to perform a legal duty that has been unreasonably delayed. In immigration cases, it is often used when an application or petition has been pending for a long time without a decision. To succeed, the applicant must show that the agency has a clear duty to act, that the applicant has a right to a decision, and that the delay is not reasonable. If the court agrees, it can order the agency to make a decision on the case.

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Feb 18, 2025

By Kriezelman Burton and Associates

Who is Eligible for an Employment Authorization Document (EAD)?

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An Employment Authorization Document (EAD), also known as a work permit, is a critical resource for many immigrants and non-immigrants in the United States. Issued by U.S. Citizenship and Immigration Services (USCIS), an EAD grants individuals the legal right to work in the country for a specific period. Think of it as the key to accessing employment opportunities when someone is not a U.S. citizen, lawful permanent resident (LPR), or work visa holder. At Kriezelman Burton & Associates, LLC, we understand the importance of knowing who is eligible for an EAD and how to obtain one.

What is an EAD, and Why is it Important?

An EAD is a government-issued card that serves as both proof of work authorization and photo identification. For immigrants awaiting changes to their immigration status or navigating legal processes, the ability to obtain an EAD can prevent financial instability and allow them to support themselves and their families while complying with the law.

Unlike a work visa that is often tied to a single employer, the EAD is more flexible. It allows individuals to work for almost any employer, giving them the freedom to pursue job opportunities that best suit their needs and qualifications.

Categories of Individuals Who May Qualify for an EAD

USCIS specifies that applicants must fall into certain categories that permit the issuance of an EAD. Below is a breakdown of these categories:

Pending Adjustment of Status Applicants

Immigrants in the process of adjusting their status to Green Card (lawful permanent resident) may apply for an EAD. This includes family-based applicants, such as spouses or children of U.S. citizens, and those in employment-based Green Card categories.
Applying for an EAD alongside Form I-485 (Adjustment of Status application) is common, providing work authorization while applicants await their Green Card approval.

Temporary Protected Status (TPS) Holders

Individuals from designated countries experiencing conflict or disaster may qualify for TPS and are eligible to apply for an EAD. This status ensures they can work legally in the U.S. while living here temporarily.

Asylum Seekers

Those with pending asylum applications can apply for an EAD 150 days after filing their asylum application. Approval often comes after a 180-day waiting period.
Approved asylees and refugees are also entitled to an EAD.

Deferred Action for Childhood Arrivals (DACA) Recipients

Known as “Dreamers,” DACA beneficiaries can apply for an EAD as part of their deferred action protections. It is essential to check for policy updates, as changes in DACA eligibility could affect future applications.

Students Under Certain Visa Categories

F-1 visa holders may qualify for Optional Practical Training (OPT) or Curricular Practical Training (CPT) work authorization, making them eligible for EADs.
Students facing severe economic hardship can also apply for work authorization.

Other Exceptions

K-1 visa holders (fiancés of U.S. citizens).
Individuals granted withholding of removal or Deferred Enforced Departure (DED).
U visa holders (for victims of certain crimes assisting law enforcement).

How to Determine Eligibility

Understanding whether you qualify for an EAD involves:

Reviewing USCIS guidelines and Form I-765 instructions.
Consult with experienced immigration attorneys like Kriezelman Burton & Associates, LLC, to assess your case.

Contact Us For Guidance

Obtaining an EAD can be a pathway to stability and success for immigrants in the U.S. Whether you’re navigating a pending Green Card application, seeking asylum, or pursuing other remedies, it is crucial to understand your options and act quickly to secure employment authorization. Contact our team to receive personalized guidance and begin your application process today.

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Outstanding Immigration Attorney – Worth Every Penny I cannot recommend Justin highly enough as an immigration attorney. My case was extremely difficult and complex, and from the very beginning, Justin demonstrated an exceptional level of knowledge, professionalism, and dedication. He took the time to fully understand every detail of my situation and explained the entire legal process clearly and honestly, which gave me confidence during a very stressful time. While…

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I highly recommend this law firm! They are always honest right from the initial consultation. They don't take cases just for the money. My family member was a victim of an ICE raid in Michigan on November 17th and returned home on December 30th. It could have been faster, but everything happened during the holidays (Thanksgiving and Christmas). Maya Flores was recommended by another lawyer, and the entire team has…

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I just wanted to take a moment to thank you for all your help and professionalism throughout my green card and citizenship process. Your guidance has made everything much easier to understand, and I truly appreciate how patient, thorough, and responsive you’ve been with every question I had. I’m very grateful for your support and the quality of your work. I would gladly recommend your services to anyone who needs…

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My experience with Kriezelman Burton & Associates was excellent. We worked with Jennifer Peyton, for removal proceedings due to being detained by ICE. Jennifer worked diligently and was responsive. Jennifer was supportive throughout the whole process and showed compassion. With the help of Jennifer and the help of the firm, we were able to get the removal proceedings stopped and received permanent residency. I am so thankful for Kriezelman Burton…

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I cannot say enough amazing things about Kriezelman Burton & Associates and Attorney Jennifer Peyton. They are truly a godsend. Jennifer worked day and night on my brother’s case, and her dedication never wavered for a single moment. She consistently communicated with my sister-in-law and me, making sure we understood every step of the process and always keeping us informed. She built an incredibly structured and solid case for my…

Daniel P.

I recently had the privilege of working with Attorney Brittni Rivera of Kriezelman, Burton & Associates on a habeas corpus case. From the very beginning, she demonstrated exceptional knowledge, integrity, and attention to detail. She was consistently responsive—always just an email away—and made me feel supported through every step of the process. Her guidance brought clarity during a very difficult time, and I am truly grateful for her dedication and…

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So many immigration firms in Chicago who do you choose? I can tell you with certainty this is the place to go for you and your loved ones. My wife came over across the border under the Biden years. Our application was sent in, in May and by November we got approved for her 485. This law firm handles many cases of all different kinds so they just know what…

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My God, if I could give 10 stars, I would. My family and I are so grateful, first and foremost to God and to attorney Brittni Rivera, who helped us free my husband. He was detained by ICE in Chicago and transferred to Michigan. The process after hiring attorney Brittni Rivera took only 15 days, when I was given about a month. It was incredibly fast and effective.

Carmen H.

Our family is sincerely grateful to attorney Nicole M. Provax from Kriezelman Burton & Associates, LLC for her professionalism, dedication, and support, as she guided us through every step with care and understanding. Thanks to her guidance, our case reached a positive outcome. We truly appreciate everything she has done for our family and highly recommend her and the firm.

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Who is Eligible for an Employment Authorization Document (EAD)?

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What is an EAD, and Why is it Important?