Last Updated on November 7, 2024 by Linda Lee
If you are the spouse of a U.S. citizen and currently living in the United States, one of the benefits you may be eligible for is the ability to work legally while your immigration status is being processed. This is done by applying for an Employment Authorization Document (EAD), also known as a work permit. Here’s everything you need to know about obtaining a work permit as the spouse of a U.S. citizen.
What is an EAD (Employment Authorization Document)?
An Employment Authorization Document (EAD) allows non-U.S. citizens to work legally in the United States. The EAD is a temporary work permit that is valid for up to 2-4 years and can be renewed. For spouses of U.S. citizens applying for a green card (permanent residency), obtaining an EAD can be an important step to work legally while their adjustment of status application is pending.
Eligibility for a Work Permit as the Spouse of a U.S. Citizen
If you are a spouse of a U.S. citizen and have applied for a marriage green card, you are eligible to apply for a work permit. This work permit is granted to spouses who are already in the U.S. and waiting for their green card application to be processed.
Key Eligibility Requirements:
- Marriage to a U.S. citizen: You must be legally married to a U.S. citizen.
- Filing for Adjustment of Status (Form I-485): You must have submitted Form I-485 to adjust your status to permanent residency.
- Application for Work Permit (Form I-765): You must file Form I-765, Application for Employment Authorization.
When Can You Apply for an EAD?
You can apply for a work permit (EAD) when you submit your adjustment of status application or at any point during the process. Most individuals submit the application for the EAD along with their green card application to avoid delays in gaining work authorization.
How to Apply for a Work Permit (EAD)
Here’s a step-by-step guide to help you through the process:
1. File Form I-765
To apply for an EAD, you must complete and submit Form I-765, Application for Employment Authorization. This form can be filed online or by mail. Many people choose to file this form at the same time as their I-485 application to streamline the process.
2. Submit Supporting Documentation
Along with your Form I-765, you will need to submit supporting documents, including:
- Copy of your marriage certificate.
- Copy of your passport or other identification.
- Proof of filing for adjustment of status (I-485 receipt notice).
- Two recent passport-style photos.
3. Pay the Filing Fee
There is generally no additional filing fee for the EAD if you file it along with your I-485 application. However, if filed separately, check the USCIS website for current filing fees and payment methods.
4. Biometrics Appointment
After filing, you may be required to attend a biometrics appointment, where your fingerprints, photo, and signature will be taken for background checks.
5. Wait for Approval
Once you have submitted all your paperwork, USCIS will process your application. The processing time for an EAD can vary, but it typically takes 3-6 months. During this time, you may receive updates or requests for additional information from USCIS.
Can I Work While Waiting for My Green Card?
Yes. Once you receive your EAD, you are legally allowed to work in the U.S. while your green card application is pending. This can help you financially support your household and gain work experience while you await permanent residency.
What Happens After Receiving the EAD?
Once your EAD is approved, you will receive an Employment Authorization Card, which serves as your official work permit. This card will indicate the validity dates and allow you to work for any U.S. employer.
Keep in mind that the EAD is temporary, and you will need to renew it if your green card application is still pending by the time the EAD expires. Once your green card is approved, the work permit will no longer be necessary, as you will have the right to work as a permanent resident.
Can I Renew My EAD?
Yes, if your green card application is still pending and your EAD is nearing its expiration date, you can apply to renew your work permit. Be sure to file for renewal early, as it can take a few months to process. Typically, you should apply for renewal at least 180 days before your current EAD expires to ensure there is no gap in your work authorization.
Hire ILOLA for Your Work Permit (EAD) Application
Applying for an Employment Authorization Document (EAD) can be a crucial step toward financial stability and career growth while your green card application is processed. Although the process may seem straightforward, navigating U.S. immigration laws and ensuring that your application is completed correctly can be overwhelming. This is where hiring an experienced immigration attorney can make all the difference.
Here’s why hiring our immigration employment lawyer for your EAD application is a smart choice:
Expert Guidance Through Complex Immigration Laws
Immigration laws and regulations are constantly changing. Our experienced attorneys stay updated on the latest changes and can guide you through the EAD application process to ensure you meet all the requirements and avoid common mistakes that could delay or derail your application.
Personalized Support and Strategy
Every immigration case is unique. Our legal team takes the time to understand your individual situation and works with you to create a tailored strategy for your work permit application. Whether you are filing along with your green card application or at a later stage, we’ll ensure your paperwork is properly filed and any potential obstacles are addressed upfront.
Assistance with Documentation
Missing or incorrect documentation is one of the most common reasons for EAD application delays. Our team will help you compile and review all the necessary documents, ensuring that everything from your marriage certificate to passport photos is in order. We will also ensure your forms are filled out accurately and completely, reducing the risk of processing delays.
Communication with USCIS
Immigration processes can involve communication with the U.S. Citizenship and Immigration Services (USCIS), including attending biometrics appointments or responding to Requests for Evidence (RFEs). We handle this communication on your behalf, so you don’t have to worry about missing important notices or deadlines. We will stay on top of your case and keep you updated throughout the process.
Minimizing Stress and Delays
Filing your EAD application on your own can be stressful, especially if you’re unfamiliar with the process. Errors or incomplete forms can result in unnecessary delays, which could prolong the time you are unable to work. By hiring us, you can avoid these pitfalls and feel confident that your application is being handled by professionals who have your best interests in mind.
Ongoing Immigration Support
Your EAD application is just one part of your journey toward permanent residency. As experienced immigration attorneys, we can assist you with every step of the process, from filing for adjustment of status to preparing for your green card interview. Our law office offers comprehensive immigration services, ensuring you have legal support at every stage of your case.
Contact Us Today for a Consultation
Don’t take chances with your future, let our team of skilled immigration attorneys handle your work permit (EAD) application from start to finish. With our immigration expertise, you can focus on building your life in the U.S. while we take care of the legal details. Contact us today by calling (213) 375-4084 to schedule a consultation and learn how we can help you secure your work authorization quickly and efficiently.
