Whether to File Form I-765 Work Permit and Form I-131 Travel Document Along with a Green Card Application

If you are applying for a green card from within the United States (known as "adjustment of status"), you may have heard of Form I-765 and Form I-131. Form I-765 (Application for Employment Authorization, or EAD) and Form I-131 (Application for Travel Document) allow green card applicants to work and travel in and out of the United States legally while waiting. Let's examine the pros and cons of including work permit and travel permit forms with a green card application.

Do I Need to Submit These Forms?

USCIS (U.S. Citizenship and Immigration Services) does not require applicants to submit these two forms. Therefore, whether to apply for a work permit and a travel permit at the same time during the green card process is entirely up to the applicant. Currently, these forms carry additional fees, and some individuals and families may choose not to include them in their applications to save money.

However, one thing to keep in mind: the green card application process can be quite lengthy, depending on the USCIS office processing the application and the specifics of the individual case. USCIS processing times frequently change, but for many applicants, it may take months to years to receive a green card—during which, without a work permit and travel document, the applicant's ability to work and travel freely will be limited.

Advantages of Work and Travel Permits

• Ability to work in the United States: If you want to be able to work and earn a living in the U.S. while waiting for your green card, you need to complete Form I-765 and include it in your adjustment of status application. Note: To work in the United States, you must have official work authorization from USCIS. Any unauthorized work could have serious consequences for your immigration path and your ability to remain in the United States.

• Avoiding travel problems: If you think you may need to travel abroad for any reason while your green card is pending, completing Form I-131 may be beneficial. Obtaining an advance parole travel document can provide the freedom and flexibility to leave and re-enter the United States in the event of a family matter or emergency abroad without jeopardizing your green card application. Note: If you leave the United States while your application is pending without a valid travel document, your green card application will be terminated.

Disadvantages of Work and Travel Permits

• Cost: Previously, Forms I-765 and I-131 were free in family-based applications. This meant green card applicants could submit Forms I-765 and I-131 along with their adjustment of status application (Form I-485) at no cost. However, effective April 1, 2024, USCIS introduced a new fee structure that increased the application fees for Forms I-765 and I-131. Now, Form I-765, when filed as part of an adjustment of status application, costs $260, while Form I-131 costs $630. While these fees are affordable for some applicants, they may pose a financial burden for others, especially considering the already high costs of the green card process.

• Additional forms to complete: If you choose to submit Form I-765 and/or Form I-131, this will increase the workload when preparing your green card application. Both forms must be completed thoroughly and accurately and meet USCIS standards. Forms I-765 and I-131 each have their own requirements, including specific questions to answer and supporting documents that must be included upon submission. If any errors or issues are found in Form I-765 or I-131, they could lead to complications that delay the entire green card application.

Summary

Including work and travel permit forms in your green card application has both advantages and disadvantages.

• Generally, if you choose to submit Form I-765, you will gain the ability to work legally in the United States while your green card application is pending. For many green card applicants, this is very helpful as they adjust to a new country and start their careers in the U.S.

• Submitting Form I-131 ensures that while waiting for your green card, you can travel in and out of the United States in the event of an emergency or important event abroad. For many green card applicants, obtaining an advance parole travel document provides peace of mind during the green card process.

• Although work and travel permits offer greater financial security and travel flexibility, they are not without cost. The new higher fees for Forms I-765 and I-131 may deter applicants with tight budgets from including them in their applications. The immigration process itself is expensive, and some people may need to manage optional costs more selectively when applying. Overall, whether to include work and travel permit forms depends on each person weighing the pros and cons and deciding what best suits their immigration journey.