Can an employee appeal a denial of an EAD application?
No, not really. If an EAD application is denied, the employee will receive a letter stating the reasons for denial. An appeal cannot be made to a higher authority. However, the employee may submit a motion to reopen or a motion to reconsider with the office that made the negative decision. By filing these motions, the employee may ask the office that made the decision to reexamine or reconsider the decision. A motion to reopen must state the new facts that are to be provided in the reopened proceeding and must be accompanied by affidavits or other documentary evidence. A motion to reconsider must establish that the decision was based on an incorrect application of law or USCIS policy, and further establish that the decision was incorrect based on the evidence in the file at the time the decision was made.
