October 28, 2008

Work Permits for Pending Immigrants


When a person applies to immigrate, either through marriage or through employment, that person has a right to apply for a work permit, using Form I-765, along with the application for permanent residence and a request for a travel document (advanced parole). By law, USCIS is supposed to issue the work permit within 90 days of your receipt notice date. If they cannot issue the work permit within 90 days, a person is technically eligible to go to their local immigration office and request a temporary work permit. However, local offices no longer have the equipment to issue the temporary work permit so that leaves people who need a work permit with a serious problem.

USCIS has an ombudsperson who receives complaints from schools and other constituents and makes recommendations to USCIS. The ombudsperson has received numerous complaints on this topic so clients can be aware that USCIS is concerned about the delay in issuing work permits and is looking at various solutions. You can read about the recommendations made by the ombudsperson at the website for NAFSA: Association of International Educators.

Hopefully, USCIS will find a way to issue the work permit within the 90 days required by law, or will give applicants an alternative way to get work permission. I will be monitoring this topic closely so if you have questions, please feel free to contact me. As soon as a solution is announced, I will post it on this blog.

1 comment:

Muhammad Umar Akbar said...

Being optimistic Work Permit in 90 days sounds good.. but still its a long period of time to stay in touch...!!!

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