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Do I Need an EAD to Work While Waiting For My Green Card? | Chicago Immigration Attorney Mario Godoy

Do I Need an EAD to Work While Waiting For My Green Card?

If they have a valid work visa such as an H-1B or L-1 visa, immigrants can work in the United States while they are applying for a U.S. Green Card. Non-citizens who have applied to become a permanent resident, but haven’t yet received a Green Card, are not allowed to work in the United States. To work in the U.S. while your permanent resident application is pending, you need to obtain an Employment Authorization Document (EAD), which also serves as a work permit. 

What Is An EAD?

All U.S. employers are required by law to have proof that employees, regardless of citizenship or national origin, are legally authorized to work in the United States. Non-citizens are required to have an Employment Authorization Document (EAD) work permit to work in the United States while their permanent resident application is pending, or if they have a non-immigrant status visa such as an F-1 or M-1 student visa. Non-immigrants who are temporarily working in the United States under work permits such as an H-1B, L-1B, O, or P visa do not need an EAD. 

A Green Card is proof that you are authorized to work in the U.S. Green card holders are lawful permanent residents and do not need an EAD.

How To Apply For An EAD

To apply for an Employment Authorization Document, you need to complete U.S. Citizenship and Immigration Services (USCIS)  Form I-765:

• You will also need to attach photos of yourself to your application

• You need to provide documents that prove your eligibility.

• You need to pay all EAD application fees and biometric fees

• You need to submit your application to USCIS.

• Appear before a USCIS immigration officer for an interview and for a biometrics appointment

EADs work permits are typically for one year and can be renewed. If your EAD application is denied, you are permitted to reapply. If you lose your EAD card, you can apply for a replacement card.

Filing for an EAD can be stressful, expensive and takes time. A minor mistake can result in your application being denied. The guidance of an experienced immigration lawyer can increase your odds of having your EAD application accepted and being allowed to work in the United States.

Cook County and DuPage County Immigration Lawyer

Godoy Law Office is an established immigration law firm in Chicago and Lombard, Illinois, with attorneys who are ready to review your situation and help your immigration case. If you need help with an immigration issue, please contact our office at 855-554-6369.  

Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties. 

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