If you are applying for a green card from the United States (also known as the “adjustment of status” process), you may have heard of Form I-765 and Form I-131.
Form I-765 (Application for Work Authorization) and Form I-131 (Application for Travel Document) allow green card applicants to legally work in the US and travel in and out of the country while the green card is being issued . Let’s dive into the pros and cons of including work authorization and travel authorization forms in your green card application.
Do I need to include these forms in my green card application?
Including Form I-765 and/or Form I-131 with your application for adjustment of status (green card) is optional. USCIS does not require applicants to include either form in their completed application, so it is at your discretion whether to complete and submit the work and travel authorization forms during the application process. Green Card. Now that the forms come with additional fees, some individuals and families may choose not to include them in their application to save on filing costs.
It is important to note that the green card process can be lengthy, depending on the USCIS field office processing your application and the details of your particular case. USCIS processing times change frequently, but for many applicants it can be several months to several years before they get a green card in hand – and with it the ability to work and travel freely.
Work and Travel Authorization Professionals
Work in the USA
If you want the opportunity to work and earn a living in the US while you wait for your green card, you will need to complete Form I-765 and include it with your application for adjustment of status.
Important:
To work in the US, you must have official work authorization from USCIS. Any unauthorized work can have serious consequences for your immigration journey and your ability to stay in the country.
Learn more about working in the US with a pending green card application in the Boundless guide.
Avoiding travel problems
If you think you may need to travel outside the US for any reason while your green card is pending, it may be helpful to complete a Form I-131. Obtaining an advance parole travel document provides the freedom and flexibility to leave and re-enter the US in the event of a family event or emergency abroad without jeopardizing your green card application.
Important:
Without a valid travel document, your green card application will be terminated if you leave the US while your application is still being processed.
Learn more about traveling abroad with a pending green card application in the Boundless guide.
Cons of a work and travel permit
price
Form I-765 and Form I-131 have long been free for inclusion in a family green card (adjustment of status) application. This means that green card applicants can file Form I-765 and Form I-131 along with their adjustment of status form (Form I-485) at no additional cost.
However, on April 1, 2024, USCIS implemented a new fee structure that increased the filing fees for both Form I-765 and Form I-131.
Form I-765 now costs $260 when filed as part of an application for adjustment of status, while Form I-131 costs $630.
While these fees may be manageable for some applicants, they can be a financial burden for others, especially given the already significant costs associated with the green card application process.
Additional forms to fill out
If you choose to file Form I-765 and/or Form I-131, this adds additional work to the preparation of your green card application. Both forms must be completed thoroughly, accurately, and according to USCIS standards.
Both Form I-765 and Form I-131 have their own requirements, including specific form questions that must be answered and supporting documents that must be included with the filing. If there are any errors or problems found on Form I-765 or Form I-131, it can lead to complications that can delay the overall green card application.
The bottom row
Including the work and travel authorization forms in your green card application has both pros and cons.
Generally, if you choose to file Form I-765, you are given the opportunity to work legally in the US while your green card application is being processed. This can be helpful for many green card applicants when settling in a new country and jump-starting their US career
Filing Form I-131 ensures that you will be able to travel in and out of the US in the event of an emergency or important event abroad while your green card is being processed. For many green card applicants, receiving an early release document offers peace of mind during the green card process.
Although work and travel permits offer increased financial security and travel flexibility, they are not without costs. The new high fees for Form I-765 and Form I-131 may deter budget applicants from including them in their application. The immigration process can be expensive and some may need to be more selective in managing optional expenses when they apply. Overall, each individual must weigh the pros and cons of work and travel permits and decide what works best for their immigration journey.
