Obtaining an Immigration Work Permit: Application for Employment Authorization Document (Form I-765)

Being in the United States legally does not necessarily mean that you are authorized to work. As most know, working in the United States without a legal work permit is taken very serious. If you are currently in the process of obtaining a green card, working illegally in the United States may jeopardize the entire application.

According to the USCIS, most individuals who have a pending green card application are generally eligible to apply for a work permit. This also includes individuals applying for a marriage-based green card.

The process in obtaining an immigration work permit begins by filing a USCIS Form I-765. In most situations, this form is submitted with your green card application. If both the work permit and green card application are being submitted together, two passport sized photos also need to be included in the package. In the event that the green card application has already been submitted, a work permit may be filed with your notice from USCIS showing the green card application was received.

The necessary documents for first time applicants seeking a working permit include the following:

(1) 1-94 travel record (2) Copy of U.S. visa (3) Copy of your passport photo page (4) If applicable, any copies of previous work permits (5) Specifically, 2x2 passport style pictures of yourself taken recently with alien registration number (6) Copy of a government issued identification such as birth certificate, copy of visa issued by country other than the U.S., and other national identity document with photo and/or fingerprint.

A work permit is generally processed within five to seven months of submitting the entire application. Keep in mind, that this time frame is contingent upon submitting all the required documents in proper form and subject to the rules prescribed by USCIS. In fact, one of the primary reasons work permits are denied is for failure to include all signatures or required documents.

Overall, obtaining an immigration work permit is relatively easy. However, it is beneficial to obtain the help of well-seasoned Immigration Attorneys at Theus Law Offices to help provide for a successful application.