If you’re on an immigrant visa and want to work while waiting for your green card, you must file an I-765 form for work authorization with U.S. Citizenship and Immigration Services (USCIS).
If you need to work legally in the U.S. while waiting for your U.S. visa or green card, you must file Form I-765, Application for Employment Authorization, with USCIS. Once approved, you will receive an employment authorization document (EAD), also called an employment authorization card.
Jorge Munoz Law has helped numerous clients obtain work authorization with the I-765 form. This guide will help you understand the process.
If you’re a foreign national and would like to work in the U.S., you will need to apply for permission to work by submitting Form I-765, Application for Employment Authorization. This form is what you need to request legal permission from the U.S. government to work while you’re here. It’s important to note that if you work without proper authorization, you may be violating your visa’s terms and risk losing your immigration status.
Immigrants who are not employment-based visa holders often apply for work authorization in the U.S. while waiting for the approval of their U.S. visa or green card. They must submit Form I-765 to secure an Employment Authorization Document (EAD), also known as an employment authorization card. An EAD is the document you receive once your Form I-765 is approved by USCIS.
Form I-765 can also be used to apply for a Social Security number and Social Security card. A Social Security number, or SSN, allows you to get a job, report your wages to the U.S. government, makes you eligible for social security benefits in the future, and more.
If you are already in possession of a worker visa, you may not need to obtain this authorization, but it is important that you have your immigration attorney verify your work status. Once you are approved, you will receive your employment authorization card (EAD).
Many noncitizens may be eligible to file Form I-765, Application for Employment Authorization, to request permission to work legally in the United States. Eligibility depends on your immigration status or the immigration benefit you are seeking. Some of the most common eligible categories include:
Each eligibility category has its own filing requirements and supporting documentation. An immigration attorney can help determine whether you qualify to file Form I-765 and prepare a complete application to reduce the risk of delays or denials.
Some workers stuck in long employment-based green card backlogs may qualify for a compelling circumstances EAD. This applies if you hold an H-1B, L-1, O-1, E-3, or H-1B1 visa with an approved Form I-140 but cannot yet file for adjustment of status.
Situations USCIS May Consider Compelling
If approved, the compelling circumstances EAD lasts one year and can be renewed. See full eligibility details on the USCIS employment authorization page.
To file your Form I-765 application for employment authorization, you need to submit documentation to prove your identity and eligibility for an EAD. The requirements depend on your immigrant status, but for general applications, you will need to provide:
Your Form I-765 Application for Employment Authorization can be filed online through the USCIS website. Your immigration lawyer can file this for you, otherwise you will need to create an account on the USCIS website. Filing your Form I-765 online is considered the most efficient and preferred way to file.
Receipt Notice: USCIS will send you a notice acknowledging that it received your Form I-765.
Biometrics Appointment: You may receive an appointment notice to have your fingerprints, photograph, and signature collected.
Notice of Decision: USCIS will review your application and send you its decision. If approved, you will receive your Employment Authorization Document (EAD), which you can present to your employer as proof of your eligibility to work.
Processing times vary depending on your immigration status and the workload at USCIS. Generally, expect timelines between 3 to 7 months. However, opting for online filing and providing a complete, error-free application often helps speed up the process.
Though you can file your I-765 form independently, having an immigration attorney by your side can be invaluable. Attorneys ensure proper documentation, online submission efficiency, and legal compliance regarding your immigration and work status. This extra layer of support can prevent avoidable delays or denials.
No. Until your I-765 form is approved and you’ve received your EAD, you cannot work. Working without proper authorization may lead to visa violations or the denial of future immigration applications.
File your form I-765 as soon as you’re eligible based on your residency or visa status. Early submission helps avoid work gaps while awaiting EAD approval.
If you’d like an attorney’s help in determining whether you’re eligible for employment authorization (or whether you need it at all), Jorge Munoz Law will give you the assistance you need.
Request a consultation or call 786-678-8587 before submitting your Form I-765 application for employment authorization and take the first step toward obtaining an employment authorization card.
(786) 678-8587
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