Applying for a marriage-based Green Card is the first step towards lawful permanent residency in the United States. However, during the application process, you are not allowed to work unless you obtain the legal authorization to do so. In this guide, we’ll cover the Employment Authorization Document (EAD) eligibility criteria for marriage-based Green Card applicants, the EAD application form, and the EAD itself so you can work without risking Green Card application denial.
Can I Apply for an EAD Together with My Marriage-Based Green Card Application?
Eligibility to submit an EAD application concurrently (at the same time) with a marriage Green Card application depends on whether the applicant is applying from inside the U.S. or outside the U.S.
If you are already legally inside the U.S. on another visa, the marriage Green Card application process requires filing a Form I-485, Application to Register Permanent Residence or Adjust Status, for the purpose of adjustment of status (AOS). You may file the Form I-765, Application for Employment Authorization, concurrently with Form I-485.
Spouses of lawful permanent residents (F2A visa applicants) may only file for AOS when there is visa number availability for their home country on the latest Visa Bulletin.
If you are filing a marriage Green Card application abroad, concurrent filing is not allowed. But generally, U.S. work authorization is not needed for applications abroad since you will be able to work in your home country during the application process.
Once issued an EAD or Green Card, you will obtain legal work authorization to work at any legitimate company inside the U.S.
How to File Form I-765
Form I-765 includes six required and optional parts:
- Part 1 asks applicants to indicate their reason for applying. For example, an initial EAD, to replace a lost, stolen, or damaged EAD, to request a correction for error on the EAD, or to renew an EAD (required).
- In Part 2, applicants need to enter personal information about themself (required).
- Part 3 is the applicant’s statement, contact information, declaration, certification, and signature (required).
- If you use an interpreter, they are required to enter their contact information, certify the form, and sign in Part 4 (optional).
- If you use a preparer to fill out the form, they are required to enter their contact information, certify the form, and sign in Part 5 (optional).
- Part 6 leaves space for additional information that couldn’t be entered into the previous parts (optional).
When you file Form I-765, it is essential to submit all the supporting documents required for your filing category. You can find a checklist of required supporting documents in the I-765 instructions.
What is Form I-766?
Form I-766 is the physical EAD card that marriage Green Card applicants must show to employers to legally work at the company. An I-766 EAD card will be issued by USCIS to applicants with an approved Form I-765.
