Fairfax, VA Family Immigration Attorney for Work Authorization

Immigration Lawyer Helping Spouses and Dependents Receive Employment Authorization in Fairfax

When a spouse or dependent immigrates to the United States through the family-based immigration process, they and their sponsoring family member will often be concerned about when they will be able to begin working and earning an income. Understanding when an immigrant will be able to work can impact financial planning, career decisions, and a family's overall financial stability. The attorney at The Estevez Group, PC understands how this issue can affect a family, and we work to ensure that our clients follow the correct steps to obtain work permits and Social Security Numbers.

Understanding Work Authorization in Family-Based Immigration

Employment authorization allows immigrants to work for employers in the United States. In family-based immigration cases, eligibility for employment will usually depend on the type of visa a person has obtained or their immigration status. Family members may fall into one of the following categories:

• Green Card Holders: After being approved for and receiving a Green Card, a family member who has immigrated to the U.S. will automatically receive the right to work without requiring a separate Employment Authorization Document (EAD).
• Adjustment of Status Applicants: While awaiting approval for a Green Card, a person can file an application for employment authorization. If this application is approved, they will receive an EAD. This can be especially helpful for spouses or dependents who want to work while their cases are pending.
• Nonimmigrant Visa Holders: Spouses of people with certain types of temporary visas, such as H-1B visas, may need to meet additional eligibility criteria before they can receive work authorization while living in the U.S.

The Process of Applying for Work Authorization

A person can apply for employment authorization by filing Form I-765 with U.S. Citizenship and Immigration Services (USCIS). Documentation that must be submitted along with the application includes a passport, Arrival/Departure Record, other government-issued ID documents, and evidence of a pending Green Card application. If USCIS approves the application, the applicant will receive an EAD, which will serve as proof of work authorization. The EAD is typically valid for one to five years, and it must be renewed if it will expire before an immigrant becomes a lawful permanent resident.

Applying for a Social Security Number

At the same time they apply for employment authorization, an immigrant can apply for a Social Security Number (SSN). The SSN is required for employment and tax purposes. A Social Security card will usually be issued within one week after an EAD is approved. A person who did not apply for an SSN can also request a Social Security Card after receiving their EAD.

Challenges That May Arise in Work Authorization Applications

In some cases, immigrants who apply for employment authorization can face delays or complications, including:

• Incomplete or Inaccurate Documentation: Missing information or errors in an EAD application can lead to processing delays, or an application may be denied.
• USCIS Processing Backlogs: High levels of demand or administrative delays may result in extended wait times before an EAD will be approved.
• Ineligibility for Work Authorization: Some visa holders may face restrictions that prevent them from applying for employment authorization. In these situations, our lawyer can help determine whether exceptions may be available or what other steps may be taken to achieve a status that will allow an immigrant to work.
• Renewal Challenges: Failing to renew an EAD on time may lead to the loss of employment authorization, causing job interruptions.

Helping Families Address Concerns Related to Work Authorization

Our attorney works with families to address concerns related to employment authorization quickly and effectively. We can:

• Determine Eligibility: We will explain the different visa categories and make sure family members understand whether a certain immigration status will allow a person to work. We will make sure immigrants can take the right steps to be eligible for employment in the United States.
• Prepare and File Applications: Our lawyer will help ensure that Form I-765 applications are accurate and include all required evidence. This can help reduce the risk of delays or denials.
• Address Delays and Challenges: If processing delays need to be addressed, or if an application is denied, our attorney will work to resolve these concerns as quickly as possible.
• Plan for Renewals: Our lawyer helps clients track deadlines and submit renewal applications on time to avoid interruptions in work authorization.

Contact Our Fairfax, Virginia Immigration and Work Authorization Lawyer

For family members who need to address concerns about employment authorization, The Estevez Group, PC can provide legal assistance and guidance. Contact us at 703-829-5179 to set up a time for a free consultation and learn how we can help you secure a future for your family in the United States.