If you’re applying for a green card from within the United States (otherwise known as the “adjustment of status” process), you may have heard about Form I-765 and Form I-131.
Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) allow green card applicants to work legally in the U.S. and travel in and out of the country while the green card is pending. Let’s dive into the pros and cons of including the work permit and travel permit 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 in your adjustment of status (green card) application is optional. U.S. Citizenship and Immigration Services (USCIS) does not require that applicants include either form in their completed application, so it is at your discretion to decide whether to complete and file the work and travel permit forms during the green card process. 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 a lengthy one, depending on the USCIS field office processing your application and the details of your specific case. USCIS processing times change often, but for many applicants, it could be several months to several years before they have a green card in-hand — and with it, the ability to work and travel freely.
Work & Travel Permit Pros
Working in the U.S.
If you’d like the ability to work and earn a living in the U.S. while awaiting your green card, you will need to complete Form I-765 and include it in your adjustment of status application.
Important:
In order to work in the U.S., you must have official work authorization from USCIS. Any unauthorized work could have serious consequences for your immigration journey and ability to remain in the country.
Learn more about working in the U.S. with a pending green card application in Boundless’ guide.
Avoiding Travel Issues
If you think you may need to travel outside the U.S. for any reason while your green card is pending, it may be beneficial to complete Form I-131. Obtaining the advance parole travel document provides the freedom and flexibility to leave and re-enter the U.S. in case 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 U.S. while your application is still pending.
Learn more about traveling abroad with a pending green card application in Boundless’ guide.
Work & Travel Permit Cons
Cost
Form I-765 and Form I-131 have long been free to include in a family-based green card (adjustment of status) application. This means that green card applicants could file Form I-765 and Form I-131 alongside their adjustment of status form (Form I-485), for no additional costs.
However, on April 1, 2024, USCIS rolled out a new fee structure, which 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 adjustment of status application, while Form I-131 costs $630.
While these fees may be manageable for some applicants, they can pose a financial burden for others, especially considering the already substantial costs associated with the green card application process.
Additional Forms to Complete
If you choose to file Form I-765 and/or Form I-131, it does add additional work when preparing your green card application. Both forms must be completed thoroughly, accurately, and to USCIS standards.
Both Form I-765 and Form I-131 have their own requirements, including specific form questions to be answered and supporting documents that must be included when filing. If there are any errors or issues found in Form I-765 or Form I-131, it could lead to complications that may delay the overall green card application.
The Bottom Line
Including the work and travel permit forms in your green card application has both pros and cons.
In general, if you choose to file Form I-765, you’re gaining the ability to work legally in the U.S. while your green card application is pending. This can be helpful for many green card applicants as they settle into a new country and jumpstart their career in the U.S.
Filing Form I-131 ensures that you’ll be able to travel in and out of the U.S. in the event of an emergency or important event abroad while your green card is pending. For many green card applicants, obtaining the advance parole document offers peace of mind during the green card process.
Although the work and travel permits offer increased financial security and travel flexibility, they’re not without a cost. The new high fees for Form I-765 and Form I-131 may deter budget-conscious applicants from including them in their application. The immigration process can be expensive, and some may need to be more selective in managing optional costs when applying. Overall, it’s up to each individual to weigh the pros and cons of the work and travel permits and decide what works best for their immigration journey.
