Navigating the Path to Employment: How to Obtain a Work Permit (EAD)

In the pursuit of a marriage-based Green Card in the United States, one crucial aspect for the applicant spouse is obtaining the Employment Authorization Document (EAD), commonly known as a work permit. This document allows individuals to legally work in the country, under specific circumstances. Here’s a comprehensive guide on how to secure a work permit in the context of a marriage-based Green Card application:

I. Understanding the Basics

A. Work Permits for Marriage-Based Green Card Applicants:

• The spouse of a U.S. citizen or a U.S. Green Card holder may work under certain conditions.
• If the marriage-based Green Card applicant doesn’t possess other temporary work visas, they must apply for an Employment Authorization Document (EAD) using Form I-765.

B. Filing Process:

• The marriage-based Green Card applicant is responsible for filing Form I-765 directly.
• It’s important to note that the sponsor spouse cannot file Form I-765 on behalf of the applicant spouse.

II. Work Visa Holders:

A. Valid Work Visas:

• If the marriage-based Green Card applicant holds a valid work visa (e.g., H-1B or L visa), they can continue working under the conditions specified in their temporary work visa.

B. No Valid Work Visa:

• If the applicant does not possess a valid work visa, they must obtain a work permit (EAD) before being eligible to work in the United States.

III. Specifics for Different Scenarios:

A. Married to a U.S. Citizen:

• Form I-765 can be filed as part of the marriage-based Green Card application when married to a U.S. citizen.

B. Married to a U.S. Green Card Holder:

• If married to a U.S. Green Card holder, the applicant must wait until they receive clearance to file Form I-485 (Application to Register Permanent Residence or Adjust Status) before filing Form I-765.

IV. Key Takeaways:

• Work permits are crucial for marriage-based Green Card applicants to legally work in the United States.
• The filing process involves the direct submission of Form I-765 by the applicant spouse.
• Understanding the visa status is important; applicants with valid work visas can continue working under existing conditions.
• Different filing processes exist based on whether the spouse is a U.S. citizen or a U.S. Green Card holder.

In conclusion, obtaining a work permit (EAD) is a significant step in the journey toward securing permanent residence through a marriage-based Green Card. Applicants should carefully navigate the specific filing requirements based on their circumstances to ensure a smooth transition into the U.S. workforce.