For foreign nationals intending to become lawful permanent residents, a common question relates to the authority to work legally in the United States. Such authority depends on the type of processing of the application for lawful permanent residency, and various other factors to be addressed in a future blog post. Working legally in the U.S. is a great benefit, and a critical factor in a foreign national's decision-making. Once an individual becomes a lawful permanent resident, whether conditional or not, the individual is legally authorized to work for any employer in the United States, in any type of work. Today's blog post will focus on the intending permanent resident's right to begin working legally.
CONSULAR PROCESSING OF EMPLOYMENT AUTHORIZATION
When a person successfully applies for permanent residency abroad at the U.S. consulate, the person is already a lawful permanent resident upon arrival in the United States, and is therefore already authorized to work upon arrival.
EMPLOYMENT AUTHORIZATION FOR APPLICANTS FOR ADJUSTMENT OF STATUS
When a person is already in the United States and seeks to become a permanent resident in the United States without leaving the country for consular processing, he/she may be eligible to apply for temporary employment authorization while the application for adjustment of status is pending. If approved, the individual may work legally for any employer in any type of work. Of course, once adjustment of status is approved, the person is a lawful permanent resident and may therefore continue to work legally as a perment resident. The purpose of temporary employment authorization is to allow an individual to support himself/herself and any dependents without the necessity of waiting for approval after the interview.
The process for applying for employment authorization is the submission of a properly completed Form I-765. When filed concurrently with the application for adjustment of status, the filing fee is included in the overall filing fee for the adjustment of status, so no separate filing fee is required. If filed separately, the filing fee is currently $380.00. Once filed, the intending immigrant typically receives the employment authorization document (EAD card) within about 90 days
If you're an intending immigrant seeking employment authorization, you should seek legal assistance immediately. Failure to timely and properly apply can have serious financial consequences to the immigrant and the immigrant's family. Christiansen Law Firm has assisted hundreds and hundreds of individuals seek and obtain employment authorization. Contact the attorneys at Christiansen Law Firm in Houston or San Antonio to arrange a consultation to discuss your immigration matter.