How Long Does It Take To Get A Work Permit?

Are you wondering how long it takes to get a work permit in the United States? The processing time for a work permit, also known as employment authorization, can vary depending on several factors. Let’s explore the work permit application duration, processing timeline, and approval timeframe to give you a better understanding of the process.

Applying for a work permit is an important step for individuals who want to work legally while waiting for their green card approval. Let’s dive into the details to answer your burning question: how long does it take to get a work permit?

Key Takeaways:

• The processing time for a work permit application is approximately 6.7 months, but there may be additional delays due to a growing backlog.
• Factors that can affect the processing time include the applicant’s eligibility category, USCIS workload, and requests for evidence.
• To avoid further delays, it is advisable to file the work permit application as soon as possible.
• Working with an immigration lawyer can provide valuable assistance and increase the chances of a successful work permit application.
• A work permit is crucial for individuals who want to work legally in the U.S. without facing severe consequences.

Understanding Form I-765 and Its Cost

Form I-765, also known as the Application for Employment Authorization, is the key document for foreign nationals seeking employment authorization in the United States. This form is necessary for individuals who want to legally work in the U.S. while their green card application is being processed.

The filing fee for Form I-765 is $410, which covers the application processing. However, it’s important to note that there are certain circumstances where additional fees may apply. For example, DACA recipients and certain employment-based immigrant petition beneficiaries must pay an additional $85 biometrics fee, bringing the total to $495. This fee covers the cost of fingerprinting and background checks.

It’s worth mentioning that the cost of filing Form I-765 may increase in the future. USCIS has proposed a fee increase, which means that the filing fees for this form could significantly go up in the coming years. To avoid potential higher costs, it is advisable to submit the application before the proposed fee increase goes into effect.

Table: Form I-765 Filing Fees

It’s important to carefully review the USCIS website or consult with an immigration lawyer to ensure that you have the correct and most up-to-date information regarding filing fees for Form I-765.

Eligibility for Form I-765

Form I-765, also known as the Application for Employment Authorization, provides individuals with the opportunity to obtain a work permit in the United States. To be eligible for Form I-765, there are certain requirements that applicants must meet.

Family-Based Green Card

One of the eligibility categories for Form I-765 is individuals with a pending family-based green card application (Form I-485). As long as there is an ongoing process for obtaining a green card, applicants can apply for a work permit to legally work in the U.S.

Other Eligibility Categories

In addition to family-based green card applicants, there are various other eligibility categories for Form I-765. These include DACA recipients, K-1 Fiance Visa holders, asylees, individuals with pending adjustment of status applications, individuals with extraordinary abilities, spouses of certain visa holders, Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) beneficiaries, exchange visitors, approved temporary workers, and F-1 students experiencing financial hardship who want to apply for optional practical training (OPT).

Table: Eligibility Categories for Form I-765

These eligibility categories provide individuals with different avenues to obtain a work permit while their immigration status is being processed. It is important to review the specific requirements and documentation needed for each eligibility category and consult with an immigration lawyer if necessary to ensure a successful application.

Process for Applying for Form I-765

When applying for Form I-765, also known as the Application for Employment Authorization, it is important to follow the correct process and submit all the necessary documents. Here is a step-by-step guide on how to apply for Form I-765:

1. Complete the application form: Fill out Form I-765 accurately and completely. Double-check for any errors or omissions to avoid delays or potential denial.
2. Gather required documents: Collect the necessary supporting documents, including a copy of your I-94 travel record, a copy of your U.S. visa, a copy of your passport photo page, copies of any previous work permits (if applicable), two passport-sized photos, and a copy of the receipt notice for your green card application.
3. Choose the filing method: Decide whether you want to file your application online or by mail. If filing online, visit the USCIS website and create an account to submit your application electronically. If filing by mail, make sure to include all the required documents and send the application to the appropriate USCIS address.
4. Pay the filing fee: The filing fee for Form I-765 is $410. Make sure to include the correct payment method, such as a check or money order, with your application. If you are required to pay the additional $85 biometrics fee, include that payment as well.
5. Follow direct filing instructions: USCIS provides specific instructions on where to mail your application or how to submit it online. Make sure to carefully follow these instructions to ensure that your application is processed correctly.

By following these steps and submitting all the required documents, you can ensure a smooth and successful application process for Form I-765.

Reasons for Work Permit Denial

A work permit application can be denied for various reasons. It is essential to understand these common reasons to ensure a successful application process. Here are some key factors that may lead to work permit denial:

• Incomplete or inaccurate application: Failing to fill out the application form (Form I-765) correctly or omitting necessary information can result in a denial. It is crucial to carefully review and double-check all sections of the application to ensure accuracy.
• Missing documents: Failure to include required supporting documents or copies can lead to a work permit denial. It is important to carefully follow the application instructions provided by USCIS and include all necessary documentation.
• Processing delays: In some cases, processing delays can result in an applicant already having an approved green card by the time their work permit application is reviewed. This can lead to a denial as a work permit may no longer be necessary.

It is crucial to avoid these common mistakes when applying for a work permit. By ensuring that the application form is accurately filled out, all necessary supporting documents are included, and any potential issues or complications are addressed, you can increase the chances of a successful work permit application.

Table: Common Reasons for Work Permit Denial

Processing Time and Backlog

Obtaining a work permit in the United States involves a processing time that is currently affected by a growing backlog. While the typical processing time for Form I-765, the application for a work permit, was approximately 6.7 months, the backlog has caused additional delays. This backlog has resulted in longer processing times, further extending the wait for work permit approval.

The work permit backlog is a result of various factors, including an increase in the number of applications and USCIS workload. As a result, it is crucial for individuals seeking a work permit to file their application as soon as possible to minimize the impact of the backlog. By submitting the application early, applicants can increase their chances of receiving approval in a timely manner.

Current Processing Delays

The work permit backlog has caused significant delays in the processing of Form I-765. Individuals who are waiting for their work permits may experience prolonged periods without authorization to legally work in the United States. It is important to consider these delays when planning employment and ensuring that any necessary work permits are obtained well in advance.

Minimizing the Impact of the Backlog

While individuals cannot control the backlog itself, there are steps they can take to minimize the impact and reduce their wait time. The first and most important step is to file the work permit application as soon as possible. This ensures that the application is in the system and will be processed as soon as resources become available. Additionally, it is important to ensure that the application is accurately completed and all required supporting documents are provided to avoid any additional delays.

Importance of Work Permit for Employment

A work permit, also known as an Employment Authorization Document (EAD), is a crucial document for individuals who want to work legally in the United States. It serves as proof to employers that an individual is authorized to work in the country and helps protect both the employee and employer from legal repercussions.

Without a valid work permit, individuals may face severe consequences, including deportation, fines, and difficulties in obtaining temporary or permanent status in the future. It is essential to obtain a work permit to ensure legal employment and protect one’s immigration status in the U.S.

Benefits of a Work Permit

Having a work permit provides several important benefits:

• Legal Employment: With a work permit, individuals can work lawfully in the U.S. and enjoy the rights and protections afforded to workers.
• Increased Job Opportunities: Many employers require proof of work authorization before hiring an employee. A work permit expands job opportunities and allows individuals to pursue employment in various sectors.
• Financial Stability: By obtaining a work permit, individuals can support themselves and their families financially, improving their overall quality of life.

Applying for a Work Permit

To apply for a work permit, individuals must complete Form I-765, Application for Employment Authorization, and submit it to the U.S. Citizenship and Immigration Services (USCIS) along with the required supporting documents. These documents typically include a copy of the I-94 travel record, U.S. visa copy, passport photo page copy, copies of previous work permits (if applicable), two passport-sized photos, and a copy of the receipt notice for the green card application (if applicable).

It is important to carefully follow the instructions provided by USCIS when filing the application to ensure a smooth process and avoid delays or potential denial. Working with an immigration lawyer who specializes in work permit applications can provide invaluable assistance throughout the process.

Obtaining a work permit is a critical step for individuals who want to work legally in the U.S. It provides legal employment authorization, expands job opportunities, and ensures financial stability. By following the proper application process and working with an immigration lawyer if needed, individuals can increase their chances of a successful work permit application, allowing them to pursue their career goals and contribute to the U.S. economy.

Benefits of Working with an Immigration Lawyer

When it comes to navigating the complexities of the work permit application process, working with an immigration lawyer can provide valuable assistance and peace of mind. An immigration lawyer is a legal professional with in-depth knowledge of immigration laws and regulations. They can guide you through the entire application process, ensuring that all the necessary steps are taken and that your application is filled out accurately and completely.

One of the key benefits of working with an immigration lawyer is their expertise in understanding the specific requirements for obtaining a work permit. They can review your eligibility, help you gather the required supporting documents, and advise you on any potential challenges or complications that may arise during the application process.

Furthermore, an immigration lawyer can effectively communicate with USCIS on your behalf, saving you time and frustration. They can handle any requests for additional evidence or clarification, ensuring that your application is submitted promptly and accurately. This not only increases your chances of a successful work permit application but also helps to avoid unnecessary delays or denials.

“Working with an immigration lawyer can be a game-changer when it comes to your work permit application. They have the expertise and experience to guide you through the process and address any potential issues that may arise. Having someone knowledgeable in your corner can significantly increase your chances of a smooth and successful application.” – Immigration Lawyer

Table: Comparing Self-filing vs. Working with an Immigration Lawyer

As shown in the table above, working with an immigration lawyer provides numerous advantages over self-filing. From expert guidance to effective communication with USCIS, an immigration lawyer can greatly enhance your chances of a successful work permit application. While self-filing may seem like a cost-saving option, the potential risks and challenges associated with navigating the complex immigration process on your own outweigh any money saved.

Therefore, when it comes to applying for a work permit, it’s highly recommended to seek the assistance of an immigration lawyer. They have the knowledge, experience, and resources to streamline the process and ensure that your application is submitted accurately and in a timely manner, increasing your chances of obtaining the work authorization you need.

Conclusion

Obtaining a work permit in the U.S. is a critical step for individuals who want to work legally while waiting for their green card approval. The processing time for a work permit varies, and delays caused by backlogs can further extend the wait time. It is important to file the work permit application as soon as possible and ensure the accuracy and completeness of the application form and supporting documents. Working with an immigration lawyer can provide valuable assistance and increase the chances of a successful work permit application.