EAD delayed - options

Question details

If EAD approval is delayed and the employment is no longer valid unless the EAD is received by USCIS, then the employer has to terminate the employee. Can the company send the employee on leave without pay temporarily until the EAD is received? Both can be done, and it is up to the company how they want to handle the case.


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FAQ Transcript

The employer can put the employee on unpaid leave to avoid unauthorized work. Termination is also an option but not mandatory. The company decides between leave and termination.


Nonimmigrant Visas


Immigration Law