Is anyone scared that they won't get their EAD renewed?

TexasDreamy · 08-11-2014, 09:32 PM

So, I'm reading the I-765 form and it says that one of the reasons why you can be denied is for failing to establish "economic necessity under 8 C.F.R. section 274a.12(c)(14), (1

and 8CFR 214.2(f)".

So... 274a.12(c)(14) says

Quote:

(c) Aliens who must apply for employment authorization. An alien within a class
of aliens described in this section must apply for work authorization. If authorized, such an alien may accept employment subject to any restrictions stated in the regulations or cited on the employment authorization document. BCIS, in its discretion, may establish a specific validity period for an employment authorization document, which may include any period when an administrative appeal or judicial review of an application or petition is pending.

Quote:

(14) An alien who has been granted deferred action, an act of administrative convenience to the government which gives some cases lower priority, if the alien establishes an economic necessity for employment;

Quote:

(1

An alien against whom a final order of deportation or removal exists and who is released on an order of supervision under the authority contained in section 241(a)(3) of the Act may be granted employment authorization in the discretion of the district director only if the alien cannot be removed due to the refusal of all countries designated by the alien or under section 241 of the Act to receive the alien, or because the removal of the alien is otherwise impracticable or contrary to the public interest. Additional factors which may be considered by the district director in adjudicating the application for employment authorization include, but are not limited to, the following:
(i) The existence of economic necessity to be employed;
(ii) The existence of a dependent spouse and/or children in the United States who rely on the alien for support; and
(iii) The anticipated length of time before the alien can be removed from the United States.

So....
The current regulations explain how to show economic necessity in 8 C.F.R. section 274a.12(e).

Quote:

“(e) Basic criteria to establish economic necessity . Title 45–Public Welfare, Poverty Guidelines, 45 CFR 1060.2 should be used as the basic criteria to establish eligibility for employment authorization when the alien’s economic necessity is identified as a factor. The alien shall submit an application for employment authorization listing his or her assets, income, and expenses as evidence of his or her economic need to work. Permission to work granted on the basis of the alien’s application for employment authorization may be revoked under § 274a.14 of this chapter upon a showing that the information contained in the statement was not true and correct. (Redesignated as paragraph (e), previously paragraph (d), 2/23/09; 74 FR 7993 )”

The federal poverty line data is available here.

And.. for one person, that poverty line is $11,170.

The problem is that I make about $55k and have maybe $20k in assets. And what this means is that if I didn't get the work permit, I should theoretically be able to survive for a whole year off my assets :'(

Manimhappy · 08-11-2014, 09:51 PM

I think daca is a package deal with a permit. The economic necessity part is for other applicants under other partitions. We just have to fill it out cause it's a requirment. I haven't heard of anyone getting denied because of economic necessity.

kelsy · 08-11-2014, 10:34 PM

This is my worry. I'm only making about 25K, which is pretty low but it's not poverty level.

vivace · 08-11-2014, 10:57 PM

There are people here who were approved for DACA while making 50K and more, so don't worry.

lostpath · 08-11-2014, 11:09 PM

I don't think it matters how much you make because the only reason you're making that money is because of the EAD if you didn't have it you wouldn't be making any money at all.

TexasDreamy · 08-11-2014, 11:25 PM

Yeah, I hear you, but you never know.

Immigration is a cruel and fickle god.

esak92 · 08-12-2014, 03:37 AM

I dont believe that will be a reason for a denial but like you said, we never know... i mean, sure DACA applicants are granted EAD yet no ones really applying to make a lot of money, most of us are pursuing DACA for scholar purpose (most of people that i know are.. because im still in college) and its fairly common that once you graduate out of college, obvioisly most of "smart people" will be making more than poverty line. No ones really just gonna sit home with DACA, EAD and college degree. Yet we're talking about government so we dont know what they're really gonna do in the end...

My suggestion is if youre supporting anyone such as your family, gf, friend or anyone pretty much i guess, you can say youre not making enough for everyone youre responsible of. For me, i support 5 people including me and thats just my family, itd be 6 if i count my gf too. And i might make just enough for myself but not 5.

So that could be a reason... i actually never got to see a renewal application because i got approved like a week ago but thats what i would do! Sorry if it doesnt help...

carnivore · 08-12-2014, 09:52 AM

Yeah, if I don't get my shit renewed before November I won't be able to go to France in January.

ferchor3 · 08-12-2014, 04:17 PM

i sent my application with less the 90 days from expiration DATE of

Pianoswithoutfaith · 08-13-2014, 07:05 PM

There are many different types of DA one of them is DACA and one of theme is DACA-ICE

DA and DACA have different requirements depending on the specific one, its been 2 years but I remember reading that if we are applying for DACA we can submit a the I-765 form to get EAD. Now, to get an EAD you can meet certain requirement but if I can recall from 2 years ago, if we were applying for a the I-765 form under DACA I-821D we didnt need to met the requirements for I765.

Remember, we can be I-821D approved but not I765 but we cannot be I765 approve and I-821D denied.

but

here is what we read from the hinstruction PDF

Quote:

Consideration of Deferred Action for Childhood
Arrivals--(c)(33).
1.
You must file Form I-765 with Form I-821D if you
meet the guidelines described in the Form I-821D
Filing Instructions. Enter (c)(33) in
Question 16
as
the letter and number of the category for which you
are applying.
a.
To determine your eligibility for work
authorization, you must establish economic
necessity. USCIS will consider whether you
have an economic need to work by reviewing
your current annual income, your current annual
expenses, and the total current value of your
assets. Provide this financial information on
Form I-765WS, Form I-765 Worksheet. If you
would like to provide an explanation, complete
Part 3, Explanation
, of the worksheet. It is not
necessary to submit supporting documentation,
though it will be accepted and reviewed if you
choose to submit it. You do not need to include
other household member's financial information
to establish your own economic necessity

So how are we suppose to show economic necessity when they are not even asking for any documentation?

Now I am looking at my original packaged including the first forms mentioned DACA and it says the same exact thing about establish economic necessity.

So far, people have been either approved or not approved. But not DACA approve and EAD denied.

I think we are fine, we needed to show economic necessity in the first round and many users here were already making well above the poverty line.

Quote:

If you
would like to provide an explanation, complete
Part 3, Explanation, of the worksheet.

So I think if you make above poverty, you could just say that you need to be EAD approve so you can support your family ect ect.

To be honest, they won't really care

They need you!

Forum links

Resources

Join our list

National calendar of events

July

Is anyone scared that they won't get their EAD renewed?