Most people find it challenging to understand and find practical ways to deal with the intricacies of the immigration laws of the United States of America especially from the perspective of individual and corporate interests. When the applicant applies for the Green Card through i485, one gets the Employment Authorization Document attached to it and comes with the following advantages which makes the life of immigrants easy in the U.Sights for the Child Tax Credit, and for a chance to change their job without beginning the Green Card process with PERM labor certification all over again. As promised, let us focus on certain benefits of an i485 EAD throughout this blog post and explain how it is beneficial in terms of the financial and the working life in the United States.
Understanding the i485 EAD
More specifically, the i485 EAD or the Employment Authorization Document is a card given to applicants that have filled out Form I-485, Application to Register Permanent Residence or Adjust Status. Employment authorization for temporary work in the U. S is granted in this document for the duration of the Green Card processing.
Who Is Eligible for an i485 EAD?
For one to be eligible for an i485 EAD, he/she has to have a pending i485 filed with the U. S. Citizenship and Immigration Services (USCIS). Usually it is done in cases of change of status to that of a Lawful Permanent Resident known as a Green Card holder. After filing your i485, you can at the same time apply for EAD by filling form I-765 in conjunction.
Benefits of Holding an i485 EAD
Having an i485 EAD provides the legal status to work in the U. S. as you wait for the Green Card which also gives one the liberty to look for a job without the restriction of employer or job type. This flexibility can be important if you have to relocate in search of better job offers or if you result in losing your current job. This is usually effective for one or two years and is renewable until your i485 application has been decided.
Green Card i485 EAD for Child Tax Credit
The Child Tax Credit (CTC) is one of the helpful services for numerous families in the U. S. as it helps to raise children and requires money. To avail most of it is crucial that you must be acquainted with the ways through which i 485 EAD can be used in order to make you eligible for Child Tax Credit.
What Is the Child Tax Credit?
Child tax credit is a credit on federal tax that is extended to parents or guardians with caring for eligible dependent children. That is to say, it is intended to assist with bearing the expenses incurred during child rearing. The credit can be for any amount, but was recently expanded under the American Rescue Plan for the 2021 tax year, with up-to $3,600 per child under 6 or $3,000 per child ages 6 to 17.
Eligibility Requirements for the Child Tax Credit
To be eligible for the Child Tax Credit, you must meet certain criteria:
- Residency: You have to have residency in the U. S. for over half the period of the tax year.
- Income: The so-called modified adjusted gross income or MAGI has to be below a certain level.
- Dependent: The child must be under the age of 18 at the end of the tax year, a U. S. citizen, national, or resident alien for some or all of the year and must have lived with you for more than half of the year.
How the i485 EAD Makes You Eligible
Some of the advantages of having an i485 EAD include; Legal employment in the U. S. , thus being in possession of a Social Security Number (SSN). It is important that a valid SSN be obtained since it is a requirement for filing for a U.S tax return through which one claims for the Child Tax Credit.
Also, whenever one has i485 EAD, he or she is deemed to be legally residing in the U. This is significant since it meets the criteria of the Child Tax Credit. That is why when one as an i485 EAD holder possesses a valid SSN, he or she can file their taxes and can apply for Child Tax Credit all things being equal.
Job Porting Without PERM: How the i485 EAD Facilitates Employment Flexibility
The other advantage for the immigrants is job porting, or as it is known, the very important possibility to switch employers, but not to start all over Green Card procedure. The i485 EAD has a very important role regarding this, particularly in relation to the PERM labor certification.
Understanding the PERM Process
The PERM (Program Electronic Review Management) process is the first step in the process for many employment based Green Card cases. One is the ability of an employer to persuade that he could not find a suitable candidate from the pool of U. S. workers to do a particular job. This may be a lengthy and costly process, which entails writing of detailed reports and may last between several months and years.
How i485 EAD Enables Job Porting
If you have an i485 application which you have filed and have been granted an EAD, then you do not need to go through the PERM process again if you plan to change your job but with some conditions. Under the American Competitiveness in the Twenty-First Century Act (AC21), an individual with a pending i485 application for 180 days or more can change employers if:
The new job is in the same or similar Occupational Information Classification Order as the job for which the original i485 has been filed.
This is called ‘porting’ and enables one to be in a position to capitalize on better job offers without having to go back to square one of the Green Card application. The i485 EAD is useful in this case because it affords the legal permit to work in the U. S. as you wait for application, hence a change of job can be made.
Benefits of Job Porting Without PERM
Porting jobs without the need for a new PERM process offers several advantages:
- Employment Flexibility: This means you are not bound to a specific employer/organization or occupation thus you can look for a better job/profitable business.
- Job Security: You are not limited in the identification of new employment because your Green Card application status may change or even when you are dismissed from your employment you can search for another job without compromising on your Green Card application.
- Career Growth: You can go for promotions, for better paying jobs, or for jobs which you consider to be more suited for you.
Practical Steps to Maximize the Benefits of Your i485 EAD
If you are to fully harness the benefits of your i485 EAD, there are some procedures to follow and some Dos and Don’ts to keep in mind.
1. Do It Right When Filing Your i485 and EAD
Check that all the documents which are submitted in i485 and EAD applications are proper, relevant, and are submitted in time. It also raises the chances of mistakes or enter incomplete information which prolongs processing times and affects visa legal operation in the U. S.
2. Maintain Your EAD Status
Make sure you note when your EAD card is expiring and apply for renewal 180 days prior to the expiration date. This means that as an applicant you should always keep your EAD status current to allow you to continue working in the U. S while waiting for approval of your I-485.
3. Understand Job Porting Rules
If you are an intending migrant who intends to change employer while his or her i485 is processing, then the new job must be in the same or similar to the occupational classification of the job for which the i485 was filed. It is advisable to seek advice from your immigration attorney so that he or she can explain to you if the nature of your job change will affect your Green Card application process.
4. Be Update with the Tax Advantages
Ensure that you have an understanding of the eligibility for the Child Tax Credit and other tax incentives recognized for a resident in the U. S and always file your taxes properly and within the right time to enable you to get these incentives.
5. Keep Records and Documentation
Always keep a record of your employment, tax returns and all correspondences with the USCIS team. This documentation can be very important in case of disputes involving immigration status, or individual right to benefits or Green Card.
Conclusion
The i485 EAD has several advantages that may have a profound effect on your financial and career status in the U. S, Such benefits include but not limited to; legal employment authorization and opportunities to claim on Tax Credits such as Child Tax Credit which enables individuals with this status to have an easier time in raising family. At the same time, the possibility to transfer positions without revisiting the Green Card process with PERM certification is a significant source of further employment portability and stability. It is therefore important to understand these benefits and how they can be optimally utilized especially when you have an i485 EAD while waiting for your Green Card application process.
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