Waiting for a green card can be a lengthy process, and for many immigrants in Miami, the ability to work legally during that waiting period is essential. Applicants may need employment to support themselves and their families, maintain financial stability, and continue building their lives in the United States. Fortunately, many people who have a pending green card application may be eligible to apply for employment authorization while U.S. Citizenship and Immigration Services (USCIS) processes their case.
Whether you can obtain a work permit depends on how you are applying for permanent residence and your particular immigration circumstances. If you have questions about your eligibility, speaking with a Miami immigration lawyer can help you understand whether you can apply for employment authorization and how doing so fits into your overall immigration strategy.
Can I Work While My Green Card Application Is Pending?
In many cases, yes. Individuals who have filed Form I-485, Application to Register Permanent Residence or Adjust Status, may be eligible to apply for an Employment Authorization Document, commonly known as an EAD or work permit.
USCIS identifies pending adjustment of status applicants under the (c)(9) employment authorization category. An eligible applicant can generally file Form I-765, Application for Employment Authorization, together with Form I-485 or separately while the adjustment application remains pending. When filing Form I-765 separately, the applicant generally provides evidence that Form I-485 is pending, such as the I-485 receipt notice.
This can be particularly important because approval of a green card application may take months or considerably longer depending on the type of case, USCIS processing times, requests for evidence, interview scheduling, visa availability, and other factors.
A Miami work permit can allow an eligible applicant to work lawfully while awaiting a decision rather than remaining without employment authorization throughout the adjustment process.
What Is an Employment Authorization Document?
An Employment Authorization Document is issued by USCIS as evidence that an individual is authorized to work in the United States for a specified period.
A work permit does not provide lawful permanent resident status and should not be confused with a green card. Instead, it provides employment authorization based on an eligible immigration category.
Once USCIS approves an eligible Form I-765 application, the applicant can use the EAD as evidence of employment authorization. Depending on the circumstances, an applicant may also need to renew the EAD if the green card application remains pending when the employment authorization approaches expiration.
Who Can Apply for a Work Permit While Waiting for a Green Card?
One of the most common situations involves someone applying for adjustment of status from within the United States. USCIS specifically provides an employment authorization category for certain applicants with a pending Form I-485.
For example, someone pursuing a marriage-based green card may be able to file Form I-765 as part of the adjustment package. Employment-based applicants adjusting status in the United States may also qualify.
However, not everyone who is waiting for a green card is automatically eligible for a work permit based on a pending green card case.
The immigration process used to pursue permanent residence matters. Someone completing immigrant visa processing through a U.S. consulate abroad is in a different position from someone with a pending adjustment of status application inside the United States. Other immigration classifications may have separate rules governing employment authorization.
Because eligibility depends on the facts of the individual case, applicants should avoid assuming that simply starting the green card process gives them permission to work.
Can I File for My Work Permit at the Same Time as My Green Card?
For eligible adjustment applicants, Form I-765 may generally be filed together with Form I-485. USCIS instructions also allow qualifying adjustment applicants to file Form I-765 after Form I-485 has already been submitted, provided they include the appropriate evidence showing that the adjustment application is pending.
Determining when and how to file can be an important part of preparing an adjustment case. The attorneys at Pozo Goldstein, LLP can review the applicant’s immigration history, current status, basis for permanent residence, and other relevant circumstances before determining the appropriate filing strategy.
The firm’s legal team includes former immigration prosecutors and former Miami-Dade County Court Judge Ada B. Pozo. Partners Steven A. Goldstein and Frieda M. Goldstein are former U.S. immigration prosecutors, giving the firm experience with immigration matters from both the government and applicant perspectives.
How Long Does It Take to Receive a Miami Work Permit?
Processing times for employment authorization applications can change and vary according to the applicant’s eligibility category and circumstances. Applicants should therefore consult current USCIS processing information rather than relying on an estimate they received months or years earlier.
It is also important to remember that filing Form I-765 does not itself provide employment authorization. An applicant generally must have authorization to work before accepting employment unless another valid immigration status or authorization already permits employment.
Unauthorized employment can create immigration complications in some cases. The consequences depend heavily on the person’s immigration history and the legal basis under which permanent residence is being sought. Anyone uncertain about whether they currently have permission to work should speak with an experienced Miami immigration lawyer before accepting employment.
What Happens If My Work Permit Expires Before I Get My Green Card?
Some adjustment applicants remain in the green card process longer than the validity period of their employment authorization. Depending on the circumstances, they may need to apply to renew their EAD.
Applicants should pay close attention to expiration dates and USCIS filing requirements. Waiting until the last moment can create unnecessary concerns about maintaining continuous employment authorization.
Immigration rules concerning EAD validity periods, renewal procedures, filing fees, and automatic extensions have changed over time. For this reason, applicants should rely on the rules applicable at the time they are filing rather than assuming that procedures from a previous application remain unchanged.
Why Legal Guidance Can Be Important
Applying for a work permit may appear straightforward, but the employment authorization application is connected to the applicant’s larger immigration case. Errors involving immigration history, eligibility categories, prior status violations, criminal history, or other issues can have consequences extending beyond Form I-765.
Pozo Goldstein, LLP handles a broad range of immigration matters, including green cards, family-based immigration, employment visas, citizenship, asylum, and removal defense. The firm’s attorneys represent individuals and families navigating USCIS proceedings as well as more complex immigration matters.
For Miami residents waiting for permanent residence, having an attorney evaluate both the green card application and the request for employment authorization can help ensure that the filings are approached as parts of a single immigration strategy.
Contact a Miami Immigration Lawyer at Pozo Goldstein, LLP
If you are waiting for your green card and want to know whether you can obtain a Miami work permit, the answer will depend on the type of green card case you have and your individual immigration circumstances.
The attorneys at Pozo Goldstein, LLP can review your situation, determine whether you may qualify for employment authorization, and assist with your green card and related immigration filings. With a team that includes former immigration prosecutors and a former judge, the firm provides experienced representation to individuals and families navigating the U.S. immigration system.
If you need assistance applying for a work permit, pursuing permanent residence, or addressing another immigration matter, contact Pozo Goldstein, LLP to discuss your case with a Miami immigration lawyer.
