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).
Jorge Munoz Law has helped clients apply for work authorization with the I-765 form. This guide will help you understand.
If you’re a foreign national and would like to work in the US while you are waiting for your green card, 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 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 visa.
Immigrants who are not employment-based visa holders often apply for work authorization in the U.S. while waiting for the approval of their green card. They must submit the I-765 form to secure an Employment Authorization Document (EAD) also known as a work permit An EAD is the document you receive once your I-765 form 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. On the other hand, you may want to obtain documentation that specifically states that you are authorized to work in the U.S., and the I-765 form is the one you’ll need to use. Once you are approved, you will receive your Employment Authorization Document (EAD).
To file your I-765 form, you need to submit documentation to prove your identity and eligibility for an EAD. The requirements you need 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, as the agency has made online filing the primary method for this application. Your lawyer can file this for you, otherwise you will need to create an account on the USCIS website. Filing your I-765 form online is considered the most efficient and preferred way to file.
USCIS will send you a notice to acknowledge that they received your I-765 form.
You’ll receive an appointment notice to collect fingerprints, photos, and signatures.
USCIS will review your application and send their decision. Once approved, you’ll be issued your Employment Authorization Document (EAD) card. It will include the expiration date and your work authorization’s validity period. You can present this card to your employer as proof of eligibility to work.
Wondering, “How long until I-765 approval?” Processing times vary depending on your immigration status and the workload at USCIS. Generally, expect timelines between 3 to 5 months. However, opting for online filing and providing a complete, error-free application often helps speed up the process. It is best to work with an experienced immigration lawyer to expedite the process of your I-765 form approval.
Though you can file your I-765 form independently, having an immigration attorney by your side can be invaluable. Attorneys ensure:
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 denial of future immigration applications.
It’s best to file your I-765 form 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 before submitting your I-765 form and take the first step toward employment authorization.