What are Work Permits and Travel Permits?
US Work permits or travel permits are optional documents for marriage-based Green Card applicants for allowing them to work legally and travel freely while residing within the United States. Form I-765 is the application for work permits (Employment Authorization Document, EAD) and I-131 is the application for travel permits(aka, travel documents). Learn more about what these documents are and whether these are necessary for your case.
I. What is a Work Permit (Employment Authorization Document, EAD)?
When living in the United States and applying for a marriage-based Green Card, it may be beneficial to apply for a work permit to allow the marriage-based Green Card applicant to lawfully gain employment within the United States while waiting for the Green Card approval. Form I-765 (Application for Employment Authorization) can be applied for at no additional costs when applying for a marriage-based Green Card. After filing Form I-765, the work permit (Employment Authorization Document, EAD) is typically granted within five to seven (5-7) months, and will allow the marriage-based Green Card applicant to keep working while waiting for the Green Card approval. This is more important and crucial should the marriage-based Green Card applicant be on a non-working temporary visa which prohibits them from being lawfully employed within the United States.
II. When should the marriage-based Green Card applicant apply for a Work Permit Work Permit (Employment Authorization Document, EAD)?
The timing of filing Form I-765 can differ depending on the situation of the marriage-based Green Card applicant. If the applicant’s current work visa is set to expire, or the applicant merely wishes to work while they await the approval of their Green Card, Form I-765 can be filed with the Form I-485 (Application to Register Permanent Residence or Adjust Status). However, should they not need the work permit, they may choose to do so after filing Form I-485.
Do you want to apply for the work permit? Check this Lawfully guide for the I-765 application process.
III. What is a Travel Permit (Travel Documents)?
When living in the United States and applying for a marriage-based Green Card, it may be beneficial to apply for a travel permit to allow the marriage-based Green Card applicant to lawfully travel outside the United States while waiting for the Green Card approval. Form I-131 (Application for Travel Document) can be applied for at no additional costs when applying for a marriage-based Green Card. Form I-131 is typically granted within five to seven (5-7) months, and will allow the marriage-based Green Card applicant to lawfully travel while waiting for the Green Card approval. This is more important and crucial should the marriage-based Green Card applicant have an absolute need to travel outside of the United States while waiting for the Green Card approval.
Although the travel permit may grant permission to return back to the United States after leaving, the Customs and Border Patrol (CBP) officers will make the ultimate decision to re-enter. Therefore, it is not recommended that the marriage-based Green Card applicant travel for anything unless there’s an absolute need, such as a family emergency. In the unfortunate case that re-entry is not granted, it is highly likely that the pending marriage-based Green Card application will lead to a denial.
IV. When should the marriage-based Green Card applicant file Form I-131 for a Travel Permit (Travel Documents)?
The timing of filing Form I-131 (Application for Travel Document) can differ depending on the situation of the marriage-based Green Card applicant. If the applicant has a current need to leave the United States, Form I-131 can be filed with the Form I-485. Otherwise, should they not need the travel permit immediately, they may choose to do so after filing Form I-485, when the need arises.
