You Are Encouraged to Get a Work Permit While Green Card Pending
Here is some information on why you should get a work permit while green card is pending. Those who have submitted an application for a green card and are awaiting their visa are allowed to work in the United States. Employment authorization documents, EADs, are necessary to work while waiting for the green card to be approved. Once the green card has been issued, there is no further need for a work permit because a green card provides the ability to work. There is an application required to get a work permit while your green card is pending.
Applying for a Work Permit
Immigrants must meet the specified criteria when applying for a work permit. The work permit can be requested using Form I-765, Application for Employment Authorization, along with Form I-485, Application to Register Permanent Residence or Adjust Status. You can also submit an application later. To apply for a work permit after already submitting your visa request, you can do so by filing Form I-765 with a copy of the receipt you received after submitting your visa application. If approved, you will be able to work in the United States while your green card paperwork is being processed.
It usually takes at least 90 days to receive a work permit once the application has been submitted. An interim EAD may be necessary when an applicant has applied for a work permit, but it has not been received within 90 days. The interim EAD is valid for a period of 240 days and is not renewable. If the interim EAD expires, the applicant must reapply for a work permit.
If You Were Denied
The USCIS denies some applications for work permits. If you have been denied, you will receive a letter stating the reason. The USCIS allows you to request reconsideration if your application was not approved. It is important to retain the letter of explanation so that you can determine whether you may be eligible for reconsideration. For example, if you were denied because of missing documentation, you may be able to provide it and be reconsidered. An experienced immigration attorney will assist you with resolving denial problems.
Remember, as with most immigration applications, the work permit approval process can take some time to complete. Try to submit your application as early as possible. Some of the issues regarding work permits can be complex. It is advisable to seek guidance from a qualified immigration attorney. While it is usually best to submit a request for a work permit at the time of your visa application submission, it can be done separately if the proper documentation is provided.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Get a Work Permit While Green Card Is Pending, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.