Key Takeaways:
- You can apply for a work permit (EAD) while your I-485 application is pending, allowing you to work legally in the U.S.
- Apply for the EAD by submitting Form I-765, along with supporting documents and no filing fee.
- Expect to receive your work permit within 90 days of filing, but make sure to maintain your current immigration status.
Applying for a Work Permit with an I-485 Pending
If you’re in the process of adjusting your status to become a lawful permanent resident in the United States, you may find yourself asking, “Can I apply for a work permit while my I-485 is pending?” The answer is yes, and understanding the process is crucial for maintaining your ability to work legally in the U.S. while awaiting your green card.
What is Form I-485?
Form I-485, also known as the Application to Register Permanent Residence or Adjust Status, is filed by individuals seeking to become permanent residents of the United States without having to return to their home country for visa processing.
Eligibility for Employment Authorization
While your I-485 is pending, you can apply for an employment authorization document (EAD), also referred to as a work permit. This document allows you to legally work in the U.S. for a specific period. Here’s a quick rundown of what you need to know:
- Who Can Apply: You are eligible to apply for an EAD if you have a pending I-485 application.
How to Apply: To receive your work permit, you’ll need to file Form I-765, Application for Employment Authorization, either concurrently with your I-485 or after you’ve filed your adjustment of status application.
Filing Fee: As of 2023, the United States Citizenship and Immigration Services (USCIS) generally does not require a filing fee for I-765 if you file it together with Form I-485 or while having a pending I-485. However, always check the latest USCIS fee schedule for the most current information.
The Application Process for the Employment Authorization Document
Filing Form I-765 can seem daunting, but by breaking down the process, you can navigate it successfully:
- Complete Form I-765: Ensure you provide all necessary details accurately to avoid delays.
Gather Supporting Documents: This typically includes a copy of your I-485 receipt notice and two passport-style photos.
Submit Your Application: Mail your completed form and supporting documents to the appropriate USCIS address. Always refer to the latest USCIS instructions for the most up-to-date submission details.
Receive Your Receipt Notice: Keep this notice as proof of your work permit application and to track the status of your application.
Attend Biometrics Appointment: If required, USCIS will notify you to provide fingerprints and take your photo.
Wait for Adjudication: Your work permit application will be processed, which may take several months. Check the USCIS processing times for the current wait period.
When to Expect Your Work Permit
USCIS processing times can vary, but generally, you can expect to receive your work permit within 90 days of filing Form I-765. In some cases, it might take longer, so it’s advisable to file as early as possible.
Important Points to Remember
- Maintaining Status: An EAD does not grant or extend your immigration status. You must continue to maintain your current immigration status while your I-485 and work permit application are pending.
Renewals: If your I-485 application is still pending and your EAD is about to expire, you may apply to renew your work permit.
Avoiding Delays: Ensure your application is complete and accurate. Follow all USCIS instructions carefully and keep copies of all forms and documents.
Helpful Resources
For further guidance and the latest information, visit the official USCIS website (uscis.gov). This trusted resource provides up-to-date forms, filing instructions, and more to aid in your adjustment of status employment authorization process.
Conclusion
Waiting for your green card can be a lengthy process, but having an I-485 pending work permit allows you to continue your employment uninterrupted in the U.S. By carefully completing your work permit application and staying informed, you can navigate through the steps without any additional stress and settle into your new life while your permanent residency is being finalized.
So, there you have it! With an I-485 pending, you can apply for a work permit and keep earning that green! Just remember to follow the process, stay on top of the USCIS updates, and avoid any delays. And hey, if you want more info and handy tips on all things visas and immigration, head on over to visaverge.com. Happy working and exploring, my friend!
FAQ’s to know:
FAQ 1: What is Form I-485?
Answer: Form I-485, also known as the Application to Register Permanent Residence or Adjust Status, is a form filed by individuals who are seeking to become permanent residents of the United States without having to return to their home country for visa processing. It is the primary form used to apply for a green card while already in the United States.
FAQ 2: Who can apply for an employment authorization document (EAD) while their I-485 is pending?
Answer: Individuals with a pending I-485 application are eligible to apply for an employment authorization document (EAD) or work permit. The EAD allows them to legally work in the United States for a specific period of time while they await the adjudication of their adjustment of status application.
FAQ 3: How long does it take to receive a work permit while the I-485 is pending?
Answer: The processing time for a work permit (EAD) while the I-485 is pending can vary, but generally, it takes about 90 days to receive the EAD after filing Form I-765. However, processing times can be longer, so it is advisable to file the application as early as possible to avoid any gaps in employment eligibility.
What did you learn? Answer below to know:
- True or False: Can you apply for a work permit with an I-485 pending?
- Who is eligible to apply for an employment authorization document (EAD)?
a) Only individuals with a pending I-485 application
b) Anyone who is currently residing in the United States
c) Only individuals who have already received their green card
d) None of the above - What is the purpose of filing Form I-765 in relation to the work permit application process?
a) To request an extension of your current immigration status
b) To provide biometrics and attend a scheduled appointment
c) To apply for an employment authorization document
d) To receive a receipt notice of your work permit application
