Useful Guide To Get A Job In The United States Pending A Marriage-Based Green Card

If you live in the United States and want to work, you will need a work permit, but your marriage-based green card isn’t ready yet. Getting your marriage-based green card through the consulate can take a while, and you might have to wait a few months. The good news is that you can still apply for and get a work permit while waiting.

The USCIS gives out these work permits, also called EAD documents (Employment Authorization Documents), which let you work. The work authorization card looks like a driver’s license and can also be used as a photo ID by the USCIS. You will show it to prove you can work in the US for some time.

To get the work permit pending your marriage-based green card, you must comply with strict immigration rules. Understanding these rules is crucial to getting a successful outcome. Read on to learn more about the process.

Brief highlights

If you just got married to someone from the US or are thinking about getting married soon, you might wonder if you can work while waiting for your marriage-based green card. You can work while waiting for your green card, especially if you get a legal work permit (EAD) from the USCIS.

An EAD card is a work permit that lets you legally work for any employer in the US. If you don’t have an EAD card, a green card, or a visa that lets you work in the US, you are not allowed to work in the US. Working without the right papers breaks the law and could ruin your chances of getting a marriage-based green card.

But since getting a green card from a marriage-based petition can take a while, it is a good idea to get an EAD while you are waiting. This way, you can work legally in the US. Getting an EAD card and working in the US while your marriage-based green card application is pending is only for people in the US when they file their marriage-based green card application on Form I-485 Adjustment of Status.

If you are married to a US citizen or green card holder but live abroad and plan to apply for an immigrant visa at a US Consulate or Embassy, you don’t need an EAD. This is a good option for people who need a lot of travel freedom and can go to a consulate when they get an interview date.

The meaning of a work permit (an EAD)

An employment authorization document (EAD) is another term for a work permit, which proves that an individual from another country has the legal right to work in the United States. The US Citizenship and Immigration Services (USCIS) is responsible for issuing these documents, which resemble a driver’s license and can function as a photo ID card.

It is important not to mix up work permits with work visas. Work visas allow a person to reside and work in the US but are often linked to a particular employer. Consequently, the employer, not the employee, seeks a work visa.

On the other hand, an individual holding a work permit is free to work for any employer. As long as your work permit is current, you can change jobs without going through extra steps to get permission to work in the US and still maintain your legal right to work. It is necessary to renew your work permit annually to keep it active.

When can you get a work permit after marriage?

Getting married and securing a marriage certificate is the initial step towards applying for a marriage-based green card. However, the marriage certificate alone does not grant you an Employment Authorization Document (EAD). Rather, you must proceed with the marriage-based green card application to qualify for an EAD.

To obtain an EAD post-marriage, you need to complete several steps. Following the marriage, your spouse, a US citizen or a green card holder, must initiate the green card application process by submitting an I-130 petition to USCIS to prove the legitimacy of the marriage.

At the same time or after submitting the I-130 petition, you can apply for a marriage-based green card, which is the foundation of your EAD application. You can apply for an EAD card when filing your green card application or later while the application is in process.

Typically, obtaining a marriage-based green card takes several months, and the duration can vary widely from case to case. Depending on your situation, you might have to wait up to 12 months if your spouse is a US citizen or 24 months if your spouse is a green card holder (lawful permanent resident). It is also possible for your marriage-based green card application to be approved without an interview if USCIS decides to waive the interview requirement.

The time it takes to process your application also varies depending on the specific USCIS service center handling it. These centers distribute applications based on where you live; some may have longer wait times than others. If you hope to work in the US while your marriage-based green card application is being processed, you should apply for an Employment Authorization Document (EAD) card.

You can begin working in the US while your marriage-based green card application is in progress only after you get your EAD. If you applied for an EAD through form I-765 with your petition for adjustment of status, you must wait for the USCIS to review your I-765 application before you can start working.

Once you get your EAD, you can work for any US employer, start your own business, or work independently. You can work on your I-130 application if you secure an EAD. Getting an EAD card after getting married can take 4 to 6 months. The EAD is valid for two years for a marriage-based green card.

There is no expedited processing for EADs. When an immigrant visa is not immediately available for a marriage-based green card, getting an EAD could take 24 months.

What about those on a work visa?

Should you be residing in the United States on a temporary work visa, employed by a US company, and have initiated the process for a marriage-based green card after marrying a US citizen or holder of a green card, you are exempt from seeking an Employment Authorization Document (EAD) work permit.

In contrast, your marriage-based green card application is pending, provided your work visa remains valid. Simply put, if you are employed in the US under an L-1, E-2, E-1, H-1, H-2, O-1, TN, E-3, and other non-immigrant work visas and are currently in lawful status, you are not required to apply for an EAD to keep working. At the same time, your application for a marriage-based green card is being processed.

However, if you find yourself unemployed, on a grace period, or your temporary work visa is about to expire while you await your marriage-based green card, you may then apply for an EAD to continue working in the US.

If you anticipate being unemployed or prefer not to travel abroad to extend your work visa, it is advisable to start the EAD application process, as it typically takes 4 to 6 months to receive an EAD after marriage. You are not permitted to work during the period your EAD application for a marriage-based green card is pending.

The risks of working without a work permit

Most employers in the US will need to see your work permit before they can hire you. So, landing a job without a work permit or a legit non-immigrant work visa might be tough, but it is not out of the question. If you work without permission, both you and your employer could get into big trouble if you are caught.

Breaking any US immigration law, like working without a work permit, comes with serious consequences. Getting an EAD after getting married isn’t too hard, so it is smart to be patient and do things correctly. Trying to work without permission can mess up your immigration status – sometimes, it is not fixable.

The bad stuff that can happen if you work in the US without the right papers include:

• Getting sent back to your home country.
• Not being able to return to the US for 3 to 10 years.
• Having a hard time getting a visa or any other kind of immigration help.

Even if you work for a bit or do it secretly for cash, you could still face these problems. Sometimes, not having a work permit won’t cause too much trouble. For example, the USCIS sometimes lets you work without a permit when deciding whether to get a green card. But since the punishments for working without a permit are so serious, you shouldn’t try it.

The EAD application process

To get a work permit, you must complete and send one application form. This process involves four steps, which we will explain in detail below.

• Get form I-765 ready.

This is a simple form to fill out. The main parts are explaining why you need a work permit and providing your personal and contact details. You also need a Social Security number (SSN) to work legally in the US. If you don’t have one, you can apply for it simultaneously with your work permit.

• Gather supporting documents.

If you have never applied for a work permit before, you will need to provide the following documents:

1. A copy of your current immigrant visa.
2. A photo page from your passport.
3. A copy of your Form I-94 travel document (look it up online).
4. Two recent passport-sized photos.
5. A copy of your visa receipt notice (if you have one).
6. Another form of ID is a birth certificate and photo ID from your home country.
7. If you have applied for a work permit before, include any previous work permits you have.

• Pay the fee.

The work permit filing fee is $410, but it might change. Check the USCIS’s Fee Schedule for the latest. You can pay with a personal check, cashier’s check, or money order, payable to ‘US Department of Homeland Security.’ You can also pay with a credit card but must fill out an extra form. Some applicants, like those applying for DACA, must also pay the $85 biometric services fee. Not everyone needs to pay the filing fee; a list of these applicants is in the Form I-765 instructions.

• Apply.

You can submit Form I-765 online or by mail. If you are mailing your application, use the correct USCIS direct filing address based on your reasons for applying and your eligibility category. If you are mailing your application with documents and payment, it is a good idea to make photocopies of everything you send, just in case.

Does a work permit alone give me the right to work?

You need an SSN and a work permit to work legally in the US. Apply for an SSN at the same time as your work permit. Once you have both, you can start working. Your employer will ask you to fill out Form I-9, which requires proof of legal work status. Your work permit and SSN are proof of this.

Remember, if you earn money in the US, you must pay taxes. Not paying taxes could make it difficult to become a US citizen later.

Get help!

At Gehi and Associates, our immigration lawyers can help you get a marriage-based green card and EAD. They can also help you fill out forms and gather the right documents to speed up the process. Contact us to set up a meeting today!