Applicants for Permanent Residency in the United States are able to acquire employment authorization while they are waiting to adjust status.

By Noelle McLaughlin

Applicants for Permanent Residency in the United States are able to acquire employment authorization while they are waiting to adjust status. Once the I-485 application to adjust status is received, an appointment is scheduled for an interview at a local field office. After a successful interview, the applicant can expect to receive their Permanent Residence Card in approximately three weeks.

(Note: The interview is typically waived for employment based I-485 applicants.)

Local field offices are permitted to ask for the Employment Authorization Document (EAD) from applicants at the conclusion of a successful adjustment of status interview. However, USCIS reminded field offices on January 14, 2016 that applicants should be allowed to retain their EAD at the conclusion of an interview for adjustment of status.

USCIS also indicated that field offices can use their discretion in allowing ADIT stamps to be provided before the arrival of the Permanent Resident Card. Finally, legal permanent residents (LPRs) are to be recognized as employment authorized based on their LPR status in the e-verify and SAVE systems so that any inquiries made once the I-485 is approved and the Permanent Resident Card is received will show this work authorization.

If an officer requests an EAD card at the conclusion of a successful interview for the adjustment of status, we recommend that the AILA guidance on this matter be cited and that the client not relinquish their non-expired EAD.

These policies have been updated in the meeting minutes of the 2015 AILA liaison meeting with USCIS Field Operations, AILA Doc. No. 15110332.

Summary of AILA Doc. No. 16011168 released on February 1, 2016.