When you are applying for a green card from the United States (or “adjustment of status”) you have most likely heard about Form I-765 and Form I-131. With these two forms — Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document), green card applicants can work and travel in and out of the US while their green card application is pending. But should you put them on your green card application? Let’s dive into the upsides and downsides of having these forms part of your green card process.
Do I Have to Include Form I-765 and Form I-131 in My Green Card Application?
There is no need to submit Form I-765 and Form I-131 along with your adjustment of status (green card) application. U.S. Citizenship and Immigration Services (USCIS) does not ask you to fill these out for your green card application, so you’re at the mercy of yourself on whether or not to include them.
But just remember that the green card process can be a long one. Depending on the USCIS office handling your case, it may take months or even years before USCIS grants your green card, allowing you to work and travel within the U.S. While you wait, you might need the freedom to work and travel and these permits are for that.
Advantages of Including Work and Travel Permits.
1. The Right to Work in the United States.
The only way you can work legally in the U.S. until you have your green card is through the Form I-765 (Employment Authorization Application). Attach this form to your green card application to receive an Employment Authorization Document (EAD), which lets you work legally in the United States while USCIS processes your green card application.
Important Note:
Without USCIS work authorization, any work you do could be unauthorized, negatively impacting your immigration status and future stay in the United States.
2. The Freedom to Move Away While Your Green Card Waits.
If you must leave the U.S. for any reason while your green card is in process, a Form I-131 (Application for Travel Document) may be the way to go. This is the form you use to apply for advance parole, which is a travel permit that allows you to leave and come back into the U.S. without giving up on your green card application.
Important Note:
You might lose your green card application and your chance at a green card if you depart the U.S. without a travel permit during your waiting period for a green card.
Cons of Having Work and Travel Permits
1. Increased Costs
Form I-765 and Form I-131 used to be included for free with a family green card application. But from 1 April 2024, USCIS has a new fee structure.
- Form I-765 is now $260 if accompanied by a green card application.
- Form I-131 costs $630.
These additional charges can also make green card application costly if you are paying that much for the green card application process as of now. These forms can be left out by some applicants to save money.
2. Additional Paperwork
You’ll have to fill out more paperwork if you decide to send in Form I-765 or Form I-131 with your application. Both forms include some very specific requirements like detailed questions and documents. Any errors or inaccurate answers will cause you to be denied processing your application so be sure to complete these forms in full and correctly.
The last thing you want to do is to have no idea how to fill out these forms without consulting a professional who might delay and cost you more money for your green card application.
Do You Need to Send the Work and Travel Permits?
A filing of Form I-765 (work permit) and Form I-131 (travel permit) with your green card application has numerous benefits, especially if you want to begin working in the U.S. or visit abroad while you wait for your green card to be approved. To most people applying, these permits are a way to stay flexible through an extended visa process.
But those new costs and paperwork can turn them off for the ultra-cheap, or even if you’re trying to cut corners on your application. Make sure to compare the expense and workload to having work and travel freedom when you apply for a green card.
At the end of the day, whether to file such forms is up to you. If you need to work and travel while you wait for your green card, then it is worth the hassle and paperwork. You don’t have to pay for these benefits and you don’t need them, so skip them and save on filing fees.
Required Documents for Work Permit Application
- Completed Form I-765: This is the application form for employment authorization.
- Copy of Your I-94: This can be a copy of your paper I-94 travel record (front and back) or a printout of your electronic I-94 from U.S. Customs and Border Protection (CBP).
- Copy of Your U.S. Visa: Include a copy of the visa page from your passport.
- Copy of Your Passport Photo Page: This should be the page that includes your personal information and photo.
- Copies of Previous Work Permits: If you have had any prior work permits, include copies of them (front and back).
- Two Passport-Style Photos: These should be recent 2-inch by 2-inch photos, with your full name and Alien Registration Number written on the back.
- Receipt Notice from USCIS: If you have already submitted your Green Card application (Form I-485), include a copy of the receipt notice confirming that it is pending. This is particularly necessary if your sponsor is a Green Card holder or if you are applying for a work permit after submitting your application as a U.S. citizen’s relative.
- Government-Issued ID: If you have never been issued a work permit before, provide a copy of one form of government-issued identification with your photo, such as:
- Birth certificate along with a photo ID.
- A visa from another country.
- Another national identity document that includes your photo or fingerprint.
These documents ensure that your application is complete and can be processed efficiently by USCIS
Are there any fees associated with applying for a work permit
Yes, there are fees associated with applying for a work permit, particularly in Canada. Here’s a breakdown of the costs:
- Standard Work Permit Fee: The fee for a work permit application (including extensions) is $155 CAD per person.
- Open Work Permit Holder Fee: If you are applying for an open work permit, there is an additional fee of $100 CAD.
- Group Applications: For groups of three or more performing artists applying simultaneously, the maximum fee is $465 CAD.
Additionally, if you need to restore your status as a worker while applying for a new work permit, the combined fees would be approximately $384 CAD, which includes the restoration fee and the new work permit fee.
How long is a work travel permits valid while waiting for a green card
A work permit (Employment Authorization Document, EAD) issued while waiting for a Green Card is typically valid for one year from the date of approval. However, it is essential to note that the validity can vary based on individual circumstances and the specific category under which you are applying.
Key Points
- Validity Duration: The standard duration for a work permit is usually one year. After this period, if your Green Card application is still pending, you may need to apply for a renewal of your work permit.
- Renewal Process: Many applicants need to renew their work permits annually until their Green Card application is approved. It’s crucial to apply for renewal well in advance of the expiration date to avoid any gaps in employment authorization.
- Processing Times: The processing time for work permit applications can take anywhere from five to seven months, although delays can occur due to backlogs at USCIS
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for a K-2 Visa or an Adjustment Of Status, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
