Derivative children of a U.S. citizen going through the Green Card application process are eligible to apply for employment authorization while their adjustment of status (Form I-485) is pending. This is done by filing Form I-765 (Application for Employment Authorization) with U.S. Citizenship and Immigration Services (USCIS), usually submitted at the same time as the Green Card application. The Form I-765 fas a fee of $260 when filed along with the Green Card application (Form I-485), but in many cases it is worth the additional fee. Once approved, the child will receive an Employment Authorization Document (EAD), which serves as a government-issued photo ID and legal proof of the right to work in the United States.
Obtaining an EAD is particularly beneficial for teenagers who may want to work part-time or after-school jobs. The Green Card process will take months, sometimes over a year, and without a valid work permit, the child cannot be legally employed. The EAD, typically issued within 3-6 months (the processing time will change, but as of today this is a reasonable estimate), allows them to start working legally much sooner than waiting for the final Green Card approval.
In addition to work eligibility, the EAD can be crucial for accessing other privileges, such as obtaining a driver’s license. Many states require proof of lawful presence or immigration status for anybody to apply for a learner’s permit or driver’s license. The EAD, as an official photo ID issued by USCIS, will satisfy this requirement. Without it, children may be unable to begin driving—even if they meet age requirements—until their permanent resident status/Green Card is granted. For these reasons, it probably makes sense to pay the additional fee for the Form I-765 and get an Employment Authorization Document for your child while waiting for the Green Card to be approved.
