We have an employee that was denied an Employment Authorization Card. It's going through an appeal. Can we still employee this individual?
2 Answers from Attorneys
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Dr. Donna Kay Cindy Kakonge, BJ, MA, TESOL, LLB, EdD
No. Unless the employee has a valid EAD (or, sometimes, an EAD extension that is pending, if based on marriage to a U.S. citizen or other eligible category) or other USCIS authorized employment based nonimmigrant visa (or greencard), he is not authorized to work in the United States.