Is the EAD for DACA renewable from outside the US? Do we need to provide any supporting documentation for renewal? What kind?

Asked over 1 year ago - Bayshore, NY

I am interested in working for an organization based in the US (with factory in China). The position is for teaching the children of the factory-workers in a school, with the school owned by the CEO of organization/company. They require work authorization EAD to work there (though it's tax exempt for employee) b/c the US organization pays salary. If I were to work for them in China with my current DACA EAD, can I renew from overseas (if I dont' have advance parole and can't return to renew---there are no physical presence requirements for renewal right?).

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . You do not need an EAD to work outside the U.S.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Stephen D. Berman

    Contributor Level 20

    2

    Lawyers agree

    Answered . The U.S. does not require you to have an EAD to work in China, however you may be able to get your EAD extended. More to the point, the question is how will you return to the U.S. without an immigrant or nonimmigrant visa?

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . EADs are only good for employment IN the US. They do not control employment outside the US. Additionally, to be outside the US, you would need to have advance parole, which might not be granted for work abroad.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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