Employment Authorization

You cannot apply for an EAD until you have crossed the border (to live) and have received an I-94 Arrival/Departure number. 

Please verify your most recent I-94 number at the time of application by visiting the I-94 Website and selecting "get most recent I-94". Note that you will need your passport number to complete this process.

With a posting to the US, you will be affiliated with one of two Commands, CDLS(W) or CANELEMNORAD. Your CAF member should be aware of their affiliation.

Canadian Defense Liaison Staff (Washington)
Kimberly Lalonde, Protocol Coordinator
cdlswprotocol@forces.gc.ca | 202-682-7697

Canadian Element NORAD
Sergio Rivas, Administrative Assistant - CFSU(CS)
sergio.rivas@forces.gc.ca | 719-556-8242

Form I-94 is the Department of Homeland Security Arrival/Departure Record issued to foreigners who are admitted to the US. To read more about what you need to know about your I-94, please see I-94 Automation Fact Sheet.

You can look up your most recent I-94 online by visiting the I-94 Website and selecting "get most recent I-94". Note that you will need your passport number to complete this process.

United States Citizenship and Immigration Services (USCIS) authorities have waived the application fee for NATO family members. Make sure you go through your EAD Point of Contact to ensure this fee is waived! 

The issue period for an EAD is three years, no matter the duration of your posting.

If your posting extends beyond three years, you'll need to complete the renewal process before the expiration date to maintain your ability to work. For information on how to renew, please refer to the EAD Renewal section below.

Short answer: YES! 

Dependents residing in the United States and teleworking for a foreign company will need an Employment Authorization Document (EAD), even if they are paid in foreign currency and have their wages deposited into a foreign bank account.

Short answer: No. 

The agreement between governments is that once you cross the border, you must have an Employment Authorization Document (EAD) to work. Therefore, you will need to stop working from the moment you cross the border until you receive your EAD. For a more detailed explanation of this, please refer to the 45:50 timestamp in our "Posted to the US Information Session". 

United States Citizenship and Immigration Services (USCIS) DOES NOT recognize common-law marriages for purposes of Employment Authorization and visas. Therefore, common- law spouses who have elected to accompany the member to post on a B-2 visitor visa are not able to have an EAD processed for them through CAF support units. Common-law spouses can make alternative visa arrangements themselves and may be allowed to work but they will need to investigate that on their own. Only spouses with a NATO-2 visa (the same visa class as the member) can have EADs processed through the support units.

If you work in the medical, education, or legal fields, you might need to meet additional state-specific requirements to practice in those areas. Be sure to research the necessary licensing and certification requirements before relocating.

This number functions similarly to the Canadian Social Insurance Number (SIN). It's used by employers to report your taxes to the US Internal Revenue Service (IRS) and by lenders when you apply for credit. You can apply for a Social Security Number (SSN) as part of the EAD application process.

Note: Dependents who have not obtained work authorization and do not plan to work can visit a local United States Social Security Administration Office and request a denial letter (SSA-L676), which states that the individual is not eligible for a Social Security Number. You can then present this letter to banks, vendors and other agencies that insist on a Social Security Number. This letter does not affect an individual’s ability to request a Social Security Number in the future.

Individuals must be at least 16 years old to apply. However, a dependant aged 13 to 15 with a job offer on company letterhead, signed by both parents, along with a Certificate of Labor from their state of residence, may be granted an EAD at the discretion of the U.S. Government.

Note: If the applicant is under 18, the forms must be co-signed by both the applicant and a CAF member.

If your marriage certificate is in French, you'll need to provide an English translation. It's best to have this and other important documents, such as your driver’s license, translated before you leave Canada.

Consider using the free translation services offered through Military One Source! Please let us know if you encounter any issues accessing this service as a Canadian. 

Short answer: If you worked, YES!

If you didn’t work, it’s advisable to file a NIL (no income) tax return to keep your records clear with the IRS. This can be useful for future assignments, renewals, or any situation where your tax status might be reviewed.

For EAD renewals, you’ll need an IRS “Account Transcript” for each year you filed taxes during your current EAD’s validity, or a "Statutory Declaration" for each year you didn’t file because you didn’t work. Filing a NIL return will create a record that can expedite this process.

Short answer: No

CAF Members are in the US as DND employees and therefore are not eligible to work outside of their role with DND. 

To renew your EAD, you need to show that you are in good standing with the IRS, meaning you do not owe any taxes. This can be done by providing:

• An IRS “Account Transcript” for each year you filed taxes during the validity of your most recent EAD where taxes were filed because you were working; or
• A "Statutory Declaration" (Verification of Non-Filing Letter) for each year you did not file taxes because you did not work.

Use Form 4506-T to request transcripts for up to four years at once. 

 

Regardless of how long ago you had an EAD, the application will still be treated as a renewal. If your posting was within the past 6 years, you must submit US tax documentation even if you did not work during that EAD's validity period.

If your EAD expires while at your current post, you can begin the renewal process 6 months before expiry and it will take approximately 12 weeks to get back - depending on the VISA validity of course.

If you have been extended at your current post or are cross-posted, you will need to wait for your new VISA to come back before applying for a renewal.