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Can I Work While My Visa Application Is Being Processed?



Can I Work While My Visa Application Is Being Processed?

Can I Work While My Visa Application Is Being Processed?

In case you are applying for a Green card on the basis of your marriage to a U.S citizen then according to US work visa laws you are allowed to seek a job or open a business in the U.S until you wait for the approval of the application you submitted for Green Card.

To work legally in the United States, work authorization is required. The decision of whether you can work while you are allowed to work while you wait for your Green Card approval is highly dependent on your current immigration status. Once you have got your Green Card, you will automatically get automatic authorization to work but your status of authorization to work until approval in the process of your application approval will be dependent on your current situation. An important factor that can impact the decision is whether your partner is a US citizen or a US permanent resident.

If your current status in the U.S is legal and you have a work visa like L-1 or H-1B visa, your authentication to work will not be changed based on the application you submitted for a Green Card and you will be allowed to work according to conditions mentioned in the visa law USA.

In case according to your scenario you are not allowed to work legally then you would need to apply to get permission for work.  You would need to fill in the Employment Authorization Document.

There are a few things that you must remember when applying for EAD

  • You are not allowed to submit EAD while living abroad and you are required to be a U.S resident.
  • The time when you can apply for EAD will be highly dependent on your current immigration status.

If you are legally married to a person who holds a permanent residence in the US then you would be allowed to apply for a visa number and have permission to apply for a Green card. The period you would have to wait is 20 months after your marriage is registered as a legal relationship and application for Green Card is applied.

In case your spouse is a U.S citizen then you would be able to process the EAD application along with the Green Card application. You will get a complete Green Card application package with I-485. The application of EAD can take up to 6 months to process.

The EAD application needs to be filled and submitted by duly signing it by the Non-citizen partner, not a partner that is a U.S citizen. There are no costs of applying for an EAD application. Generally, after marriage to a U.S citizen, you can be expected to get your Green Card within the 12 months of your marriage to U.S permanent resident.

Supporting documents 

You would be required to submit a lot of documents as evidence along with your Green card application if you need to apply for EAD along with it too. There will be a lot more documents required for identification in case you do not have a work permit.

If you are not switching your immigration status, it will be necessary to provide evidence documents to prove that you are eligible for an EAD. All documents you will be providing must be to prove your identification and that you fulfill the requirements of getting U.S citizenship and getting permission to work in the U.S. All documents submitted must be obtained from authorities that are authorized officially to issue them.

  • The EAD you were issued last time if you have been issued any
  • Document issued for identification by the Government.
  • Form I-94 copy (that depicts your arrival and departure record)
  • Your two recent photographs are in the format required with your name mentioned on the backside of each one.
  • The application will not be further processed if you fail to submit the proof that you have paid the visa application fees demanded. You can see the details regarding costs for different applications of the official site of Immigration process services

After you have gathered all the documents that you can submit the application by post or submit it electronically by filling in online. The evidence documents need to be sent to the authorities through post whether you fill in the form online or send it through the post. You must keep a copy of all the documents with you before you submit it.

Hope you were able to understand all about the process of working while your visa application is being processed. In case you want to know more about your work authorization after you are married to a U.S citizen you must contact family law solicitors.

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