I-765 petition — Employment Based Visa

I-765 Petition, Applying for an Employment Authorization Document (EAD)

Before you are hired for your new job in the United States, you will first have to prove that you are eligible to work in the U.S. All employers are required by the law to check to see if their employees can work in the United States, regardless of their national origin or citizenship status.

One way you can show that you are eligible to work in the United States is if you have an Employment Authorization Document (EAD). An EAD can be legally used as proof to show your employers that you are entitled to work in the United States. You can request an EAD by filing the I-765 Application for Employment Authorization.

Any individual who is required to apply for permission to work or to request employment authorization needs to apply for an EAD in San Antonio, Texas. If you are a permanent resident, your Green Card acts as your evidence of employment authorization and you do not need to apply for an EAD.

You may need to apply for an EAD using Form I-765 if you fit any of the following categories:

  • If you are a Refugee
  • If you are Paroled as a refugee
  • If you are an Asylee (granted Asylum)
  • If you are Granted Withholding of Deportation or Removal
  • If you have Deferred Enforced Departure (DED)
  • If you have Temporary Protective Status (TPS)
  • If you are an F-1 Student Offered Off-Campus Employment Under the Sponsorship of a Qualifying International Organization
  • If you are an F-1 Student Seeking Off-Campus Employment Due to Severe Economic Hardship

It is important to note that every situation is different and depending on your current circumstances you will have to file the I-765 alongside other forms and documents as well. The best way to make sure you do not cause problems in the overly sensitive Visa application process is to get in touch with an immigration lawyer who has experience dealing with cases like yours.

An attorney can advise you on what forms you should fill out and how you should go about your Visa application process to make sure your process goes as smoothly as possible and to increase the chances of your application being accepted without unnecessary complications.

Employment-based Visa options in San Antonio, Texas

The United States offers several employment-based (EB) visa options for individuals who want to become permanent residents through employment. The Visas vary based on your profession and what skills you have.

The EB-1 visa is for priority workers such as foreign individuals with an extraordinary ability in science, education, business, art or athletics, or amazing researchers and professors as well as some managers and executives as well. The EB-2 visa is for foreign individuals who hold advanced degrees or who show highly exceptional abilities. The EB-3 visa is for skilled workers or professionals who have a skill to offer to the United States market.

To be eligible for a Green Card on an EB-1, EB-2, or EB-3 Visa, you must properly file your I-485 Form, and you must be physically present in the United States when the form is filed. You should also be eligible to receive an immigrant visa and the job offered to you in Form I-140 should still exist and you should plan to accept the job once you are approved by the USCIS.

If a Visa Officer looks through your application and sees there is any fraud involved, you can have your application rejected, and you may lose the privilege of being allowed entry into the United States again for a certain number of years, or even permanently.

It can be difficult to determine which Visa is best suited for your purposes and which forms should be filled out. To make the application process easier for you, and to get the advice you need, you should get in touch with an immigration lawyer at the Law Office of J. Joseph Cohen as soon as possible.


You can reach us at:


San Antonio, TX

310 South St. Mary’s Street, Suite 2100

San Antonio, TX 78205

The 21st Floor of the Tower Life Building

Call Today: (210) 503-2800