How to Apply for a Work Permit While Waiting for Your Green Card

By: Jarbath Peña Law Group

The journey toward obtaining a Green Card is filled with anticipation, but the waiting period can bring a unique set of challenges. As your application for permanent residency makes its way through the USCIS system, life doesn't simply pause. You may need to work to support yourself and your family, but without proper authorization, this can be impossible. Fortunately, there is a solution that provides stability during this time: applying for a work permit.

This work permit, officially known as an Employment Authorization Document (EAD), allows you to legally work in the United States while your Green Card case is pending. Understanding how to secure this document is a critical step toward gaining financial independence and peace of mind. This guide will walk you through the process, explaining who is eligible, what forms are needed, and how you can successfully apply.

What is a Work Permit (EAD)?

An Employment Authorization Document, or EAD, is a photo identification card issued by USCIS that proves you are permitted to work legally in the United States for a specific period. It is often referred to as a "work permit." For those with a pending Green Card application, the EAD serves as a bridge, granting you the ability to earn an income and obtain a Social Security number while you wait for a final decision on your case.

Having a work permit is more than just a convenience; it is a vital tool for stability. Once issued, the EAD allows you to lawfully accept employment with most U.S. employers, provided the card remains valid and your underlying eligibility (for example, your pending I-485) continues. This freedom can significantly reduce the stress and uncertainty that often accompany the Green Card process.

Who is Eligible to Apply for a Work Permit?

The primary requirement for obtaining a work permit while your Green Card application is pending is having a filed and accepted Form I-485, Application to Register Permanent Residence or Adjust Status. This is the main application for a Green Card for individuals who are already present in the United States.

Typically, you can file for a work permit in one of two ways:

1. Concurrently with Form I-485: The most common and efficient method is to file Form I-765, Application for Employment Authorization, at the same time you submit your Form I-485 package. This is known as "concurrent filing" and gets your EAD application into the processing queue right away.

2. While Form I-485 is Pending: If you did not file for a work permit at the same time as your Green Card application, you can still submit Form I-765 at any time while your I-485 is pending. You will need to include a copy of the receipt notice (Form I-797C) for your I-485 application as proof.

It is important to note that eligibility is tied directly to your pending adjustment of status application. If your I-485 is denied, your work permit (and any renewal) will also be denied or revoked.

Step-by-Step Guide to Applying for Your Work Permit

Applying for an EAD involves submitting the correct form and supporting documents to USCIS. Precision and accuracy are essential to avoid delays.

Step 1: Complete Form I-765, Application for Employment Authorization

Form I-765 is the core of your application. You must fill it out completely and accurately. Pay close attention to the eligibility category. For most individuals applying based on a pending I-485, the category is (c)(9). Using the wrong category code is a common mistake that can lead to rejection. While the most common eligibility category for a pending Green Card applicant is (c)(9)—Adjustment of Status under Form I-485, there are other eligibility categories for EADs (such as asylum applicants, DACA recipients, or TPS holders). This article focuses specifically on category (c)(9) for applicants adjusting status inside the U.S.

The form will ask for your personal information, details about your immigration history, and information from your I-485 receipt notice if you are not filing concurrently.

Step 2: Gather Required Supporting Documents

Along with your completed Form I-765, you must provide specific evidence. The required documents typically include:

• Copy of Government-Issued Photo ID: This could be your passport’s biographical page or another form of national identification.

• Copy of I-94 Arrival/Departure Record: This document shows your legal entry into the United States. You can typically retrieve your most recent I-94 online.

• Two Passport-Style Photographs: These photos must be identical and meet USCIS's strict specifications for size, background color, and head position. They must be recent (taken within the last 30 days).

• Copy of I-485 Receipt Notice (if not filing concurrently): If your Green Card application is already pending, you must include a copy of Form I-797C, Notice of Action, to prove it.

If you are filing Form I-765 together with Form I-485, the filing fee may be included in your Green Card package, depending on when you file. As of April 1, 2024, USCIS introduced a new fee schedule. Applicants filing after this date may need to pay a separate I-765 fee, so always check the USCIS Fee Calculator before filing

What Happens After You Apply?

Once you submit your Form I-765 package, the waiting process begins. Here is what you can expect:

1. Receipt Notice: Within a few weeks, USCIS will mail you a Form I-797C, Notice of Action, confirming they have received your application. This notice will include a receipt number that you can use to track your case status online.

2. Biometrics Appointment: Some applicants are scheduled for a biometrics appointment (fingerprints, photo, and signature). However, USCIS may reuse biometrics previously collected for your Green Card or other applications. The data is used for security background checks. If you filed your I-765 concurrently with your I-485, you will likely have one biometrics appointment for both applications.

3. Processing and Decision: After your biometrics are complete, USCIS will continue to process your application. Processing times can vary significantly based on caseloads and service center backlogs. You can check the current estimated processing times on the USCIS website.

4. Card Production and Mailing: Once your application is approved, USCIS will produce your EAD card. You will typically receive an approval notice in the mail first, followed by the physical card a week or two later.

5. Automatic Extensions: If you later file to renew your EAD, certain categories, including those based on a pending I-485 (category (c)(9)), may qualify for automatic extensions of up to 540 days while the renewal is processed. Always check the latest USCIS guidance to confirm your eligibility.

The entire process, from filing to receiving your card, can take several months. This is why it is so important to file your application as early as possible and ensure it is free of errors that could cause further delays.

How We Can Help Guide Your Application

Navigating the paperwork for a work permit while already managing the stress of a Green Card application can be overwhelming. A simple mistake on Form I-765 or a missing document can set your timeline back by months, delaying your ability to work and support your family. This is where we can provide invaluable support.

At Jarbath Pena Law Group, we are dedicated to guiding our clients through every stage of their immigration journey with care and precision.

• We Ensure Accuracy: Our experienced team meticulously prepares your Form I-765 and assembles all necessary supporting documents, ensuring your application is complete and correct from the start.

• We Streamline the Process: We manage the filing process, whether concurrently with your I-485 or as a standalone application, to prevent common errors and avoidable delays.

• We Monitor Your Case: We track your case status and handle all communications with USCIS, keeping you informed and prepared for next steps like your biometrics appointment.

• We Offer Peace of Mind: Knowing that your work permit application is being handled professionally allows you to focus on your life, confident that your ability to work is being secured.

Your future in the United States is being built now. Let us help you lay a strong foundation by securing your work authorization.

Take the first step toward financial stability while you wait. Contact the Jarbath Pena Law Group today at 305-615-1005 or visit our website at www.jp-lawgroup.com to schedule a consultation.