Are you planning to work while waiting for U.S. Citizenship and Immigration Services to approve your green card or other immigration benefit? If so, you must first apply for an Employment Authorization Document using Form I-765. The Law Offices of Robert M. Bell, P.A. have experienced immigration and nationality attorneys who can help you through the entire process. If you need help filing Form I-765 with USCIS, call our immigration attorneys at (954) 241-4209.
What Is Form I-765?
The official name for Form I-765 is “Application for Employment Authorization.” As the name suggests, this form allows you to apply for a work permit in the United States while you wait for the approval of your green card. An Employment Authorization Document (EAD) is your work permit, demonstrating to future employers that you are legally eligible for employment.
If you are applying for permanent residence, unauthorized employment can complicate your case and make it more difficult to obtain status in the U.S. It’s critical to avoid earning wages until you receive your EAD.
Who Is Eligible To Receive an Employment Authorization Document?
An Employment Authorization Document enables non-citizens and non-permanent residents to work in the United States. However, only certain individuals are eligible for an EAD. USCIS provides a long list of eligibility categories, including:
- Individuals with a family-based green card application;
- Asylum-seekers or individuals granted withholding of removal;
- Citizens of Micronesia, Palau, or the Marshall Islands, and
- Persons with deferred action
How To Apply for a Work Permit with USCIS
Applying for an Employment Authorization Document (I-765) may seem straightforward; however, you should keep a few things in mind as you proceed.
First, when can you apply for an EAD? The date you become eligible for an EAD depends on the immigration benefit that you are seeking. If you are a candidate for permanent residence, you can submit your Form I-765 application for employment authorization and your green card application on Form I-485 simultaneously. This can save you time because both forms include similar information. In contrast, if you are an applicant for asylum, you must wait 180 days from the date you submit your asylum application with either USCIS or the immigration court.
The instructions for employment authorization applications can be intricate. An experienced immigration attorney will help you avoid quite a few pitfalls that may delay your employability. Moreover, in certain circumstances, an experienced immigration attorney can seek expediting your employment authorization application to minimize waiting times.
With legal advice from the Law Offices of Robert M. Bell, P.A., you can avoid mistakes and ensure everything goes as smoothly as possible.
How Long Will It Take To Process Your Application?
After submitting Form I-765 and paying filing fees, you must wait for the U.S. government to process the application. Processing times fluctuate and have increased significantly during the COVID-19 pandemic. We have seen certain employment authorizations taking upward of a year to process. However, our understanding is that USCIS is actively working to decrease processing times. If USCIS is delaying your work permit application, it’s probably due to one of two reasons:
- Filing errors: You may have failed to properly sign Form I-765 or left a required field blank.
- Green card approval: You could receive your green card approval before Form I-765 finishes processing. If you have your green card, you don’t need a separate permission to work.
Contact Immigration Attorneys for Help With Form I-765
At the Law Offices of Robert M. Bell, P.A., our lawyers have successfully helped many clients file Form I-765 and obtain a work permit. Our Florida-based immigration and nationality attorneys can assist with all your Employment Authorization Document (I-765) needs. Call (954) 241-4209 to schedule a free consultation today.