Application for Employment Authorization, I-765

How Do I Apply for Employment Authorization?

• What Is the Application for Employment Authorization?
• Green Card Holders and Applicants
• Family Based Categories
• Categories based on Nationality
• Foreign Students
• Asylees/ Refugees
• Employment-based non-immigrants
• Other Categories

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What Is the Application for Employment Authorization?

Many individuals who come to the United States are searching for job opportunities; however, not all are permitted to work legally. To legally work in the United States, you must have the necessary authorization from the government.

Green card holders automatically have the right to work in the United States, while some visa holders, such as those in H-1B status, can work for specific employers. Individuals who do not have these types of authorization require a work permit, which is also known as an Employment Authorization Document (EAD), to work legally in the United States.

If you are not a green card holder or a visa holder with the right/permission to work, you must apply for a work permit. To request a work permit, you need to submit an application to the United States Citizenship and Immigration Services (USCIS). However, not everyone is eligible to receive a work permit; it is essential to check whether you meet the requirements before applying.

It is worth noting that there are several categories of individuals who are not eligible for work permits, such as individuals who entered the United States without inspection, those with certain criminal records, and individuals who are in the United States unlawfully.

Furthermore, the process of obtaining a work permit can be complex, requiring careful consideration of the individual’s status and the nature of their intended employment. The USCIS reviews each application on a case-by-case basis, considering factors such as the individual’s immigration status, educational qualifications, and employment history.

Green Card Holders and Applicants

After obtaining your green card, you will have unrestricted permission to work in the United States. However, if you apply for your green card while already present in the United States through the “Adjustment of Status” process, you may also request a work permit while waiting for your application to be processed. Upon receiving your work permit, you will have the freedom to work while your green card application is being reviewed.

If you are applying for your green card based on marriage or family ties to a U.S. citizen or green card holder, you may be able to file your work permit application at the same time as your green card application without incurring any additional fees.

It is essential to note that if you are applying for your green card through marriage to a U.S. citizen, you can request your work permit immediately. However, if you are applying through marriage to a green card holder, you must wait until a visa number becomes available before filing your work permit request.

Family Based Categories

Green card applicants based on marriage and family ties can request work permits while their applications are being processed. However, certain specific family members of U.S. citizens and permanent residents can also apply for work authorization, even if they have not yet applied for their own green card.

Here are some examples of family members who can request work authorization:

• Fiancé(e)s of U.S. citizens who arrive in the United States on a K-1 visa can apply for work authorization as long as they do so within 90 days of their arrival.
• Spouses of U.S. citizens who enter the U.S. on a nonimmigrant spousal visa can also apply for work authorization.
• Certain individuals who qualify for the Family Unity Program and the LIFE Family Unity program can apply for work authorization.

It is important to note that the requirements for each program can vary, so it is essential to confirm eligibility before applying.

If you are eligible for a work permit based on your relationship with a U.S. citizen or permanent resident, it can be helpful to request one while your green card application is being processed. This can help you gain employment authorization and avoid gaps in employment.

The Our Love Visa Experience

Our Love Visa has a simple mission. We believe it should not be difficult or expensive to bring couples together. OLV has helped thousands of couples navigate the immigration process, and it would be a privilege to help you too.

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Categories based on Nationality

Certain individuals may be eligible for work authorization in the United States based on their country of origin. Here are some situations where individuals from specific countries can apply for work authorization:

• Temporary Protected Status (TPS): Citizens of El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, and Yemen may be eligible for work authorization under TPS. However, the U.S. government is seeking to end TPS designation for many of these countries, so it is important to check the USCIS website for updates on eligibility.
• Deferred Enforced Departure (DED): Citizens of Liberia may be eligible for work authorization under DED. However, this program is projected to end by March 30, 2020, so it is important to check the USCIS website for updates on eligibility.
• Citizens of Micronesia, Marshall Islands, or Palau can work in the United States without restriction if they apply for work authorization after entering the country under the Compact of Free Association agreement. The agreement allows citizens of these countries to travel, live, and work in the United States without visas, but they still need to apply for work authorization from USCIS in order to lawfully work in the U.S. The work authorization is usually granted for a period of one year, and can be renewed. Citizens of these countries who are authorized to work in the U.S. also need to pay Social Security and Medicare taxes, and may be eligible for certain federal benefits.
• Spouses and children of E-1 Treaty Traders may be eligible to apply for work authorization if they are in the United States with their E-1 treaty trader family member. The E-1 visa is for individuals who are engaged in substantial international trade between their home country and the United States. If a person is granted an E-1 visa, their spouse and unmarried children under the age of 21 can also come to the United States on E-1 dependent visas. These dependents may be able to apply for work authorization through Form I-765, as long as they meet certain eligibility requirements. For example, they need to maintain valid E-1 status, and their employment must not adversely affect the working conditions of U.S. workers similarly employed. The work authorization is usually granted for a period of one year, and can be renewed.

It is important to note that the requirements for each program can vary, so it is essential to confirm eligibility before applying.

If you are eligible for work authorization under any of these programs, it can be beneficial to request one. This can help you gain employment authorization and avoid gaps in employment.

Foreign Students

Most foreign students are not allowed to work in the United States, except for specific on-campus positions, while they complete their studies.

However, there are certain circumstances under which foreign students can apply for work authorization in the United States. These include:

• Optional Practical Training (OPT): Students in F-1 status can gain temporary work authorization after completing their degree program through the OPT program. J-1 visa holders can use the Academic Training program, which is similar to OPT but does not require a work permit.

• Students who have been offered an internship by an eligible organization are able to request work authorization to carry out the internship.

• Economic Hardship: USCIS sometimes grants work authorization to students who face financial difficulties due to circumstances beyond their control, and who have already studied in the U.S. for at least a year.

• The spouses and children of J-1 exchange visitors, including students and those participating in cultural exchange programs, can request work authorization to be able to work in the U.S.
• J-1 exchange visitors, such as students and scholars, can bring their family members to the U.S., who may be able to apply for work authorization.

• Vocational school students who are seeking practical training in their area of expertise may also be eligible to apply for work authorization to be able to work legally in the U.S.

It’s important to note that the rules and regulations surrounding work authorization for foreign students can change, so it’s important to stay up to date by checking the USCIS website for updates.

Asylees/ Refugees and their spouses and children

If you have been admitted to the United States on humanitarian grounds, you may be authorized to work without having to apply for a work permit. Here are the different situations in which this applies:

• Refugees: If you entered the United States as a refugee, you and your family are authorized to work immediately upon arrival. You do not need to request a work permit, as you will be given one by the resettlement organization that helped you resettle.
• If you are already in the United States and you are granted asylum by the U.S. Citizenship and Immigration Services (USCIS), you and your eligible family members can work in the United States without needing to apply for a work permit. USCIS will automatically issue you a work permit, which will allow you to obtain lawful employment in the United States. This work permit is also known as an Employment Authorization Document (EAD). As an asylee, you may be eligible for various benefits and services, such as education, healthcare, and social assistance, in addition to the right to work.
• On the other hand, if you are granted asylum by an immigration judge or the Board of Immigration Appeals (BIA), you will need to apply for work permits for yourself and your eligible family members. You can do this by filing Form I-765, Application for Employment Authorization, with USCIS. This form is used to request an EAD, which will allow you to work lawfully in the United States while you wait for your asylum case to be processed or resolved. You will also need to submit supporting documents and pay the required fees. USCIS will review your application and may conduct a background check or an interview. If your application is approved, USCIS will send you and your family members separate EADs, which will usually be valid for one year and can be renewed as long as you maintain your asylee status. 
• Note that the process of obtaining a work permit as an asylee may take several months, so you should plan accordingly and consult with an immigration attorney or an accredited representative if you have any questions or concerns.

It’s important to note that even if you are authorized to work right away, you will still need to provide your employer with documents proving your identity and work authorization, such as a passport, I-94, or employment authorization document (EAD).

Employment-based non-immigrants

Individuals who are not U.S. citizens can file for work authorization on their own in various employment-based categories. In the following situations, non-U.S. citizens can apply for work authorization themselves:

• If you are working as a domestic worker for a foreign citizen who is temporarily working in the United States, you may be eligible to apply for work authorization on your own.
• If you are working as a domestic worker for a U.S. citizen who usually lives outside the United States and is stationed in the country for less than four years, you may be able to apply for work authorization.
• If you are an airline employee who works for an airline based in a country other than your own, you may be eligible to apply for work authorization.
• If your spouse is a non-U.S. citizen who is in the United States as an investor, an intracompany transferee, or an investor in the Commonwealth of the Northern Mariana Islands, you may be able to apply for work authorization.
• If you are a temporary worker in the H-1B category, you may be eligible to apply for work authorization on your own.

Additionally, some people who have a pending employment-based green card application may be able to apply for work authorization if they can prove that there are “compelling circumstances.” This option is available to individuals who are waiting for their employment-based green card and can demonstrate that they, their dependents, or their employer would suffer significantly if they are unable to work.

Other Categories

There are certain individuals who may not fall into any of the previously mentioned categories but are still eligible to apply for work authorization in the United States by filing form I-765. These include:

• DACA Recipients: Individuals who arrived in the United States as children and lack immigration status may request work permits under the Deferred Action for Childhood Arrivals (DACA) program. However, USCIS is not accepting new DACA applications, only renewals of existing status. It is recommended to check the USCIS page for any updates.
• Crime Victims: Victims of certain crimes, such as human trafficking and domestic abuse, and their family members can apply for work authorization in the United States.
• “Withholding of Removal” Grantees: Individuals who are targeted for deportation but have been granted “withholding of removal” by an immigration judge can seek work permits.
• Public Interest Parolees: People who were allowed into the U.S. for a public interest reason, such as to provide evidence or participate in legal proceedings, can request work authorization.
• Dependents of Diplomatic Employees: Spouses and minor children of diplomatic employees can apply for work authorization in the United States.

It’s worth noting that each of these categories may have specific eligibility requirements and application procedures, so it is advisable to consult with an immigration lawyer or the USCIS website for more information.