How to Work in the US Without a Green Card While Waiting for Approval | USCIS

Imagine dreaming of working in the United States. You want to achieve your goals and build a future. After facing the challenges of the immigration process, you’ve applied for a green card. Now, you eagerly await the chance to live your American dream.

But what if you could work in the US while still awaiting your green card approval? Are there legal ways to keep moving forward during this waiting period?

In this article, we’ll show you how to work in the United States without a green card. You’ll learn about getting a work permit, visa options, and staying on the right side of immigration laws.

Don’t give up on your dreams while you wait. Let’s look into your options together.

Eligibility Categories for the Form I-765

The Form I-765 is for those who want to work in the U.S. To see if you can get work permission, follow USCIS instructions. Check Section 274a.12 of Title 8 too.

Form I-765 lists who can apply to work. Make sure you fit one of these categories before applying. Doing so ensures a smooth process.

If you’re working towards a green card or have other reasons, know the categories. Be clear and correct in your application.

Figure out your category. Then, fill out Form I-765 and get the needed papers. Do it right to increase approval chances.

Got questions or not sure? Ask immigration services or an immigration lawyer. They can help you submit a strong application. And if you decide to ‘self petition’ for EB1A or EB2-NIW, you could get our help in writing your green card application.

Updating Your Address and Checking Case Status

If you’re waiting for your Form I-485, it’s key to update your address with USCIS within 10 days of moving. This ensures you get all the important case updates. Remember, changing with the USPS doesn’t update USCIS.

You can update your address by filling out and sending the Form AR-11, either online or by mail. If you have a lawyer, they can do this for you too.

After changing your address, keep an eye on your case’s progress. USCIS offers tools to check your case status. It helps you stay in the loop.

Checking online is one method. Use the Case Status Online page by entering your receipt number. This gives you up-to-date case info.

If you have questions about your case, you can contact USCIS. A case inquiry allows direct communication with a USCIS expert. This is for personalized help and advice.

You can also call the USCIS Contact Center to ask about your case. They’re open from Monday to Friday, 8 AM to 8 PM Eastern Time, to assist you.

Checking Case Processing Times

Knowing how long Form I-485 cases take at your USCIS office can be useful. USCIS shares estimated processing times online. This gives you a rough idea of wait times.

To see these times for your USCIS office, go to their website’s “Check Processing Times” page. Pick Form I-485 and your USCIS office. This shows you the current processing times.

By checking these times, you’ll have a better idea of what to expect. It helps you plan ahead for your immigration path.

Traveling While Your Green Card Application is Pending

If you need to travel outside the U.S. while waiting for your green card, you need to understand the rules. It’s crucial to follow the right steps to avoid problems. To travel safely, you must get an Advance Parole Travel Document.

This permit lets you exit and re-enter the U.S. without hurting your green card application. If you travel without it, you might lose your chance at a green card.

To get a travel permit with Form I-131, carefully follow USCIS rules. The application usually takes five to seven months, so apply early. If you’re a U.S. citizen’s relative, file your work and travel permit applications with your green card application. But, if you’re related to a green card holder, wait until after you submit your green card application.

When applying, include all required documents and a valid reason for travel. Check your application for mistakes to avoid problems.

Note: Having a travel permit does not guarantee entry back into the U.S. You must still meet the U.S. Customs and Border Protection requirements. Officers at the U.S. port of entry can still deny you entry or ask for more documents.

If you need to travel, it’s crucial to get an Advance Parole Travel Document. Make sure to do everything correctly, submit on time, and provide all needed documents. This will help your application move forward without issues.

Applying for Work Permits and Travel Documents as a Relative of a Green Card Holder

Are you a relative of a green card holder? You’re eligible to apply for work permits and travel documents. Apply while waiting for your green card process. The work permit and travel document apps come with the green card application for U.S. citizens. It’s key to follow USCIS‘s instructions and submit all required forms.

If your relative holds a green card, wait for their application to apply for your work permit and travel documents. Putting these files together helps speed up the process. This increases your chance to get the right to work and travel while your green card is processed.

Before you apply, carefully read what USCIS wants from you. Make sure to fill out the correct forms, like Form I-765 for work permits and Form I-131 for travel documents. Include papers that show your relationship with the green card holder. Also, add any other documents USCIS asks for.

Diligently follow the steps and provide all the details needed. This will make applying for your work permit and travel documents go well as a green card holder’s relative.

FAQs

What options are available to work in the U.S while waiting for a green card application to be approved?

Individuals who are waiting for their green card can apply for an Employment Authorization Document (EAD), also known as a work permit, to legally work in the United States. This is a common step for those on the path to permanent residency.

How can I apply for a work permit while I’m in the process of applying for a green card?

You can apply for a work permit by filing an Application for Employment Authorization (Form I-765) with the U.S. Citizenship and Immigration Services (USCIS). This is necessary if you are waiting for a green card and want to work legally in the U.S.

Do all foreign nationals need a work permit to work in the USA?

Yes, unless they are lawful permanent residents (green card holders) or have a specific visa type that allows work. Most foreign nationals will need to obtain an EAD or specific work visa to legally work in the USA.

How long does it take to get a work authorization after applying for a green card?

The processing time for a work authorization (EAD) can vary greatly. Generally, it takes several months from the time of application. It’s important to check the current processing times on the USCIS website for the most accurate information.

Can I be caught working without proper authorization while waiting for my green card?

Yes, working without proper authorization is a violation of U.S. immigration laws and can adversely affect your green card application process. It’s crucial to wait for your work permit before starting any employment in the United States.

Is it possible to apply for temporary work authorization if I’m a foreign national waiting for a family-based green card?

Yes, foreign nationals waiting for a family-based green card can apply for temporary work authorization by filing for an EAD. This will allow them to work temporarily in the U.S. while their green card application is being processed.

How can I check the status of my work permit application while waiting for a green card?

You can check the status of your work permit application (EAD application) online through the USCIS website using the receipt number provided after filing Form I-765. This will give you up-to-date information on your application’s progress.

What are the consequences of working in the U.S without the necessary work authorization?

Working in the U.S without proper authorization can have serious legal consequences including deportation and being barred from re-entry into the United States for a certain period. It’s essential to obtain the necessary work authorization before accepting employment.

Conclusion

Working in the United States without a green card while waiting is legal if done correctly. You can work if you have an Employment Authorization Document (EAD) or a travel permit. These documents let you work while you wait for your green card. Make sure to follow all rules from the USCIS to be allowed to work.

To keep your job and stay legal, follow the right steps. It’s important to keep up with the USCIS’s rules. Always submit forms and documents correctly. This will help your case and make getting your green card more likely.

It takes time and work, but you can stay legal and keep a job in the US without a green card. By following the law, you can still work and strive for your dreams in the US.