Understanding Work Travel Permits And Their Approval Process

Work travel permits are documents that allow individuals to work legally while residing in a country that is not their country of citizenship. In the United States, for instance, non-citizens wishing to work need to obtain a visa from the U.S. Department of State, unless their country of citizenship has a visa-free agreement with the U.S. Certain visa categories require approval from the U.S. Citizenship and Immigration Services (USCIS) before an individual can apply for a visa. Work permits are also available to relatives of U.S. citizens and green card holders who file their green card applications from within the United States.

Work permits for marriage-based Green Card applicants

Marriage-based Green Card applicants can work in the United States while their application is being processed, provided they have a valid work visa or obtain a work permit (officially called an "Employment Authorization Document", or EAD).

If you already have a valid work visa, such as an H-1B or L-1 visa, you can continue working in the United States while your Green Card application is being processed. Otherwise, you must obtain a work permit.

To obtain a work permit, you must fill out Form I-765, Application for Employment Authorization. This form can be filed at the same time as your Green Card application (Form I-485), or after you have received a notice that your Green Card application has been received. The form must be submitted with the following supporting documents:

• Two passport photographs
• A copy of your I-94, Nonimmigrant Arrival-Departure Record
• A G-28 form if you are being represented by an attorney
• A copy of any government-issued identity document
• Proof of your current nonimmigrant status
• Evidence of your bona fide relationship with your U.S. citizen or lawful permanent resident spouse
• I-797C Notice of Action

The processing time for Form I-765 is typically between 2 and 7 months, and the filing fee is $410. It is worth noting that there is no premium processing available for this form.

It is important to remember that working without a valid work visa or an Employment Authorization Document is considered unauthorized employment and is a violation of US law, which may affect your Green Card application.

Travel permits for marriage-based Green Card applicants

Marriage-based green cards allow the spouse of a US citizen or green card holder to live and work in the United States. The process can be complex and time-consuming, and involves several steps and a good deal of paperwork.

Determining Eligibility

First, you must determine whether you and your spouse are eligible. You must have a bona fide marriage that is legally valid. The marriage must be valid under the laws of the country where it took place, and the couple must consummate the marriage after the legal ceremony. USCIS will honour marriages outside the US as long as it was a legal marriage in the jurisdiction where it took place.

Consular Processing vs Adjustment of Status

Next, you must determine whether you will apply for a marriage green card via consular processing or adjustment of status. Consular processing refers to the application process through a US embassy or consulate abroad. However, individuals who are physically present inside the US through a lawful entry may be able to adjust their status to permanent resident.

Adjustment of Status

If you are already in the United States, you may be able to adjust your status. This enables you to apply for the marriage green card without leaving. Additionally, you can apply for employment and travel authorisation while waiting for the green card.

When adjusting status, the applicant will usually submit all forms concurrently. The typical adjustment of status package for a marriage green card includes the following government forms:

• I-485, Application to Register Permanent Residence or Adjust Status
• I-130, Petition for Alien Relative
• I-130A, Supplemental Information for Spouse Beneficiary
• I-864, Affidavit of Support
• I-693, Report of Medical Examination and Vaccination Record
• I-765, Application for Employment Authorisation (optional)
• I-131, Application for Travel Document (optional)

Consular Processing

Many spouses are not able to adjust their status, and so the consular processing path must be used to obtain the marriage green card. When using consular processing, the US citizen or lawful permanent resident must file a petition before the marriage green card application may be filed. The typical immigrant visa petition package for a marriage green card includes the following government forms:

• I-130, Petition for Alien Relative
• I-130A, Supplemental Information for Spouse Beneficiary
• I-864, Affidavit of Support
• DS-260, the actual green card application

Work and Travel Authorisation

Marriage-based green card processing times can be lengthy, and during this time, applicants may need to travel overseas and/or work in the United States. Due to this, immigration law allows individuals to file for travel permits using the I-131 form and work permits (Employment Authorisation Documents) using the I-765 form concurrently with their marriage-based green card petition. These two forms have shorter processing times, and after approval, you may work in the US while waiting for USCIS to issue your green card.

Any work you engage in without a valid work visa or an Employment Authorisation Document will be considered unauthorised employment and will constitute a labour law violation that may affect your green card processing.

Advance Parole

If you leave the United States while your green card application is pending, USCIS will consider your green card application abandoned and will deny it. To avoid this, you can apply for Advance Parole, which is a travel document that permits you to travel back to the US without applying for another visa and without nullifying your pending application.

The fastest and easiest way to apply for Advance Parole is as part of the original marriage green card application package you send to USCIS, by including Form I-131 ("Application for Travel Document") along with the main forms (I-130 and I-485). There is no additional fee if you submit your travel document application at the same time as your initial application for a green card.

If you’ve already submitted your green card application, you can still get a travel document. In this case, when you file Form I-131 with USCIS, include a copy of your photo ID, two passport-sized photos, and a copy of the receipt notice showing that USCIS previously received your green card application including the full application fee. You will still be required to pay the $630 fee to file Form I-131 with a pending green card application.

Work permits for relatives of US citizens

A work permit is an official document from the U.S. government that allows immigrants to work in the United States. It's also known as an Employment Authorization Document (EAD) or employment authorization card.

To obtain a work permit, you need to have an immigrant or nonimmigrant visa that allows you to live and work in the U.S. You can apply for a work permit by filing Form I-765: Application for Employment Authorization. The form is free if submitted with a green card application and costs $410 otherwise. The processing time is usually 2-7 months.

As a relative of a U.S. citizen, you may be eligible for a work permit if you have an immigrant or nonimmigrant visa that allows you to live and work in the U.S. The specific type of visa will depend on your relationship with the U.S. citizen and your reasons for visiting the country.

If you are the spouse of a U.S. citizen, you may be eligible for a K-1 Fiance Visa or a marriage-based Green Card. The latter allows you to live and work in the U.S. permanently, while the former is a nonimmigrant visa that allows you to live in the U.S. temporarily. If you have a K-1 Fiance Visa, you can apply for a work permit using Form I-765.

If you are the child of a U.S. citizen, you may be eligible for a derivative visa, which allows you to accompany your parent to the U.S. and seek employment. To obtain a derivative visa, you must be under 21 and unmarried.

If you are the sibling of a U.S. citizen, you may be eligible for a family preference visa. However, this type of visa has annual numerical limits, so there may be a waiting period before you can obtain it.

In addition to the above options, there are other visa categories that may be applicable, depending on your specific situation and relationship to the U.S. citizen. These include temporary worker visas, student visas, and exchange visitor visas.

It's important to note that the eligibility criteria and application process can vary for each visa type, so it's advisable to review the requirements carefully and seek legal advice if needed.

Work permits for relatives of Green Card holders

Work permits and travel permits are optional documents for marriage-based Green Card applicants to allow them to work and travel freely and legally while residing within the United States.

If your family member has a Green Card, you will need to wait until you have submitted your Green Card application before applying for a work permit. Relatives of Green Card holders must wait until they are eligible to file their Green Card application before they apply for a work permit. Relatives of US citizens, on the other hand, can apply for a work permit at the same time as their initial Green Card application.

To apply for a work permit, you will need to submit Form I-765: Application for Employment Authorization. This form can be filed at no additional cost when applying for a marriage-based Green Card. After filing Form I-765, the work permit (Employment Authorization Document, or EAD) is typically granted within five to seven months and will allow the applicant to work while waiting for their Green Card approval.

It is important to note that you cannot submit a work permit application until you have filed the Green Card application (Form I-485). Relatives of Green Card holders must wait for a visa number before filing the I-485, whereas relatives of US citizens do not need to wait for a visa number.

The work permit will allow you to accept any employment that is otherwise legal, and there are no restrictions on the number of hours you can work.

Travel Permits

If you are living in the United States and applying for a marriage-based Green Card, it may be beneficial to apply for a travel permit. This will allow you to travel outside of the United States while waiting for your Green Card approval. Form I-131 (Application for Travel Document) can be applied for at no additional cost when applying for a marriage-based Green Card.

It is worth noting that, although the travel permit may grant permission to return to the United States, Customs and Border Patrol (CBP) officers will make the ultimate decision about re-entry. Therefore, it is not recommended that the applicant travels unless there is an absolute need, such as a family emergency. If re-entry is not granted, the pending marriage-based Green Card application will likely be denied.

Work permits for non-immigrants

Work permits, also known as Employment Authorization Documents (EAD), are official documents issued by the US government that allow immigrants to work in the United States. They are typically granted within 5 to 7 months of application and are valid for a certain period. Non-immigrants can obtain a work permit, but they must have a non-immigrant visa that allows them to live and work in the US.

There are 11 temporary worker visa categories for non-immigrants, each with its own requirements and restrictions. Most applicants for temporary worker visas must have an approved petition filed by their prospective employer with the US Citizenship and Immigration Services (USCIS). Here are some common non-immigrant visa categories:

• H-1B: Person in Specialty Occupation. For applicants working in a specialty occupation who hold at least a bachelor's degree or equivalent experience. This includes fashion models, physicians, and DOD project participants.
• H-2A: Temporary Agricultural Worker. For applicants performing temporary or seasonal agricultural work. Only citizens or nationals of designated countries are eligible.
• L: Intracompany Transferee. For applicants working in a managerial or executive capacity or a position requiring specialized knowledge. The applicant must have worked for the same employer abroad for one year within the previous three years.
• O: Individual with Extraordinary Ability or Achievement. For applicants with extraordinary abilities or achievements in the fields of science, art, education, business, or athletics. This also includes individuals who are internationally recognized in the motion picture and television fields.

To apply for a work permit as a non-immigrant, individuals must typically follow these steps:

• Obtain a non-immigrant visa that allows them to work in the US.
• Prepare Form I-765, the Application for Employment Authorization. This form requires personal information and details about the applicant's eligibility.
• Gather supporting documents, such as a copy of the individual's passport photo page, current US visa, and previous work permits.
• Pay the filing fee, which is typically $410 but may vary depending on the individual's circumstances.
• Submit the work permit application package to USCIS.

It is important to note that working without a work permit in the United States can result in serious consequences, including fines, imprisonment, and negative impacts on future visa and residency applications.

Frequently asked questions