Form I-831, also known as the Application for Employment Authorization under Section 274A(b)(3) of the Immigration and Nationality Act, is a crucial document for non-citizens seeking employment in the United States. This form is used to request an Employment Authorization Document (EAD), which allows individuals to legally work in the U.S. without a visa or green card. While the process of filling out and submitting Form I-831 may seem daunting, it is possible to complete it on your own. In this article, we will provide a step-by-step guide on how to successfully file Form I-831 without the help of an attorney or immigration specialist.

Understanding Form I-831

Before we dive into the process of completing Form I-831, it is important to have a clear understanding of what this form is and who is eligible to file it. As mentioned earlier, Form I-831 is used to request an Employment Authorization Document, or EAD. This document is issued by the U.S. Citizenship and Immigration Services (USCIS) and serves as proof that an individual is authorized to work in the U.S. To be eligible for an EAD, you must fall under one of the following categories:

• Asylee or refugee
• Spouse or child of an asylee or refugee
• F-1 student seeking Optional Practical Training (OPT)
• J-2 dependent of a J-1 exchange visitor
• K-1 fiancé(e) of a U.S. citizen
• Spouse of an E-1/E-2 treaty trader or investor
• Spouse of an L-1 intracompany transferee
• Temporary protected status (TPS) recipient
• Adjustment of status applicant
• Certain non-immigrant categories (such as U visa holders)

If you fall under any of these categories, you may be eligible to file Form I-831 and obtain an EAD. However, it is important to note that this form cannot be used to request employment authorization for individuals who are in the U.S. on a visitor visa or under the Visa Waiver Program.

Step-by-Step Guide to Filing Form I-831

Now that you have a better understanding of Form I-831 and its purpose, let’s dive into the process of completing and submitting this form. Follow these steps to successfully file Form I-831 on your own:

Step 1: Gather All Required Documents

Before you begin filling out the form, make sure you have all the necessary documents on hand. These include:

• A completed Form I-831
• Two passport-style photos
• A copy of your current EAD (if applicable)
• A copy of your Form I-94 (Arrival/Departure Record)
• A copy of your passport biographical page
• A copy of your birth certificate (if available)
• A copy of your marriage certificate (if applicable)
• A copy of your Form I-20 (for F-1 students)
• A copy of your Form I-797 (for adjustment of status applicants)
• A check or money order for the filing fee (currently $410)

Step 2: Fill Out Form I-831

The next step is to fill out Form I-831. This form consists of four parts and requires basic personal information, such as your name, address, and date of birth. You will also need to provide information about your immigration status and the reason for your employment authorization request. Make sure to fill out the form accurately and completely to avoid any delays in processing.

Step 3: Prepare Supporting Documents

In addition to the required documents listed in Step 1, you may also need to include additional supporting documents, depending on your immigration status. For example, if you are an F-1 student seeking OPT, you will need to include a copy of your Form I-20 and a letter from your designated school official (DSO) recommending OPT. If you are an adjustment of status applicant, you will need to include a copy of your Form I-797 and a copy of your marriage certificate (if applicable).

Step 4: Submit Your Application

Once you have completed Form I-831 and gathered all the necessary documents, it’s time to submit your application. You can do this either by mail or online through the USCIS website. If you choose to submit your application online, you will need to create an account on the USCIS website and follow the instructions provided. If you choose to submit your application by mail, make sure to send it to the correct address and include the correct filing fee.

Step 5: Wait for a Decision

After submitting your application, all you can do is wait for a decision from USCIS. The processing time for Form I-831 can vary, but you can check the current processing times on the USCIS website. If your application is approved, you will receive your EAD in the mail. If your application is denied, USCIS will provide a reason for the denial and you may be able to file an appeal or reapply.

Conclusion

In conclusion, while the process of completing and filing Form I-831 may seem intimidating, it is possible to do it on your own. By following the steps outlined in this guide and making sure to provide accurate and complete information, you can successfully obtain an EAD and legally work in the U.S. As always, if you have any questions or concerns, it is best to consult with an immigration attorney for personalized guidance.

FAQs

Q: Can I file Form I-831 if I am in the U.S. on a visitor visa? A: No, you must be in one of the eligible categories listed in the article to file Form I-831. Q: Can I file Form I-831 online? A: Yes, you can file Form I-831 online through the USCIS website. Q: How long does it take to process Form I-831? A: The processing time for Form I-831 can vary, but you can check the current processing times on the USCIS website.