Green Card EAD: Everything You Need to Know
Ever wondered when you can get an Employment Authorization Document (EAD) while applying for an EB green card? Are you unsure if applying for a green card EAD alongside your green card application is the right move?
Look no further! This blog will answer all your burning questions and equip you with the knowledge to make informed decisions about your EAD.
What Is a Green Card EAD?
While the Green Card itself provides permanent residency and work authorization in the US, the Green Card process can be lengthy. Therefore, an EAD acts as temporary work authorization in the US while your green card application is pending with USCIS.
With an EAD, you can work full-time or part-time jobs. It allows you to work with your current employer or change employers freely without any complications.
However, EAD related to green cards can be applied only by applicants who are pursing green cards within the US. once you receive your green card, the EAD automatically expires.
When Can You Get an EAD During the Green Card Process?
Many green card applicants believe they can get an EAD (Employment Authorization Document) after their I-140 petition is approved. However, this is not the case.
You can only apply for a green card EAD at the I-485 stage (application for adjustment of status). You can file for the EAD along with your I-485 application or after you’ve submitted it.
How to Apply for a Green Card EAD?
Here is an explanation for Applying for a green card EAD with USCIS:
1. Complete Form I-765
You need to fill out Form I-765, Application for Employment Authorization, and attach supporting documents.
If you are filing Form I-765 along with your I-485 application, then you must include a completed Form I-765 and two passport-sized photographs.
If you are filing for the EAD document separately after submitting your I-485, you must include a copy of your I-485 receipt notice or proof that your I-485 is pending with USCIS.
2. Pay the EAD Filing Fee
Since April 1, 2024, you must pay separate filing fees for the Employment Authorization Document (EAD) and Advance Parole, whether you file them concurrently or separately with your I-485 application.
Based on the new USCIS fee final rule, the filing fee for Form I-765 is $260. Also, ensure that you have attached the evidence of the payment to the application and paid the biometric fee as well.
3. File the Green Card EAD in the Right Place
Once you have completed the EAD document and gathered the necessary supporting documents, you can file it either online or by mail.
For filing the I-765 form separately, refer to the mailing address provided on the “Direct Filing Addresses for Form I-765, Application for Employment Authorization” page. If you are filing concurrently with the I-485 application, refer to the I-485 instructions for the correct mailing address.
Green Card EAD Processing Time and Validity
The average processing time for a green card EAD is between 3 and 7 months. It varies depending on the service center where your application is being processed.
Previously, the EAD for pending adjustment of status applications was valid for 2 years. However, based on the new USCIS policy update, if you file an EAD application on or after September 27, 2023, then your EAD is valid for 5 years. This rule applies to both initial and renewal EAD applications.
Should I Apply for an EAD Based on My Adjustment of Status Application?
The advantage of a green card EAD is that it allows you to work for any employer or even for multiple employers. It also serves as a backup plan in case you are laid off from your H1B job. However, if you use the EAD, your H1B status becomes invalid. Additionally, you will need advance parole to travel internationally to avoid abandoning your pending I-485 application.
Therefore, obtaining an EAD depends on your individual needs, but many people prefer it due to the long wait times for a green card.
Conclusion
Ensure you have completed the green card EAD form correctly and attached the necessary documents to avoid rejections.
If you are an Indian seeking a green card with faster processing and shorter wait times, the EB1-A may be the ideal option. The EB1-A doesn’t require labor certification, employer sponsorship, or a job offer. Final action dates for EB1 and EB1-A move much faster in the monthly visa bulletins.
If you are unsure how to start your EB1-A journey or need assistance in building a compelling EB1-A profile, explore the Smart Green Card VIP plan.
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