If you have applied for a Green Card, you might wonder if it is possible for you to work in the United States while waiting legally. Generally, you are allowed to work while you wait for your Green Card. However, you need to follow certain steps. For example, to work legally, you must apply for an Employment Authorization Document (EAD), also known as a work permit.
Getting your hands on an EAD or work permit is not easy and requires thorough steps. If you do not follow all the rules, you may risk being barred from adjusting your status or even deportation. If it is found that you are working with a legal permit, your Green Card application process could be jeopardized. You may even have to pay hefty legal penalties.
For this very reason, you should understand the laws before you even consider applying for a work permit. An experienced attorney in Beaverton, such as one from Vanderwall Immigration, can provide great help. They understand which documents you need and can prevent you from making mistakes that can lead to a denial of a work permit.
Who is eligible to work while waiting for a green card?
If your green card application is pending, you can get the permit to work in the US through the Employment Authorization Document (EAD). This document serves as important evidence that an individual is authorized to work in the United States for a specific time.
You will need to file the Form I-765 to get an EAD. Individuals who have a pending Form I-485 are eligible to apply for an EAD. Relatives of U.S. citizens and lawful permanent residents can also apply for an EAD.
The good news is that immediate relatives of U.S. citizens do not have to wait for a visa number and can file for an EAD together with their I-485 application. Moreover, certain nonimmigrant visa holders, such as F-1 students, can work under specific conditions before receiving a green card.
How to apply for a work permit?
If you want to work in the US while waiting for your green card, you will need to obtain a work permit. First, download Form I-765 from the U.S. Citizenship and Immigration Services (USCIS) website.
Fill out all the sections accurately, including personal details, immigration status, and the reasons for requesting the EAD. Make sure that the form is signed, as USCIS will reject any unsigned application.
The filing fee for Form I-765 is $520. Along with Form I-765, you will need some supporting documents. These documents include a copy of your current passport, Form I-94, photographs, and previous EAD copy. The processing time for EAD applications is approximately 60 to 90 days.
However, this period can differ based on the service center and the current workload. Check the USCIS website for updates on processing times. If your application exceeds the standard processing time, you may request a status update from your case officer.
Employment restrictions while working
If you are working in the United States without proper authorization, such as an EAD, it can lead to severe consequences. The state can send the employee back to their country, deny any future immigration applications, or never allow them to visit the country again.
For example, if you work without permission, you might not be able to get a Green Card. This is because working illegally can break immigration rules, which could stop you from getting permanent resident status.
The employer should also make sure that their employees are legally allowed to work in the United States. Failing to comply with the rules can result in penalties and fines for the employer.
Need help applying for your EAD?
The journey of getting a green card can be a long one. It is natural that you may want to secure a job in the meantime to support yourself. However, to do that, you need a work permit. Hire an attorney today to get help applying for your EAD!
