BCIS launches E-File, New
Online Filing Service
Late
last month the Bureau of Citizenship and Immigration Services (BCIS)
launched its much-anticipated, on-line filing service, E-File.
Applicants are now able to file on-line two forms:
(1)
Form I-90 (to renew or replace a Permanent Resident Card
(i.e., a green card)) and
(2)
Form
I-765 (to apply for an Employment Authorization Document – EAD
(i.e., a work permit))
Together,
these two forms represent approximately 30% of all applications
processed by the BCIS.
Although
E-File is currently limited to only these two forms, the BCIS hopes
to soon expand the program to include other “popular” forms,
such as Form I-129 (Petition for Nonimmigrant Worker – the first
step in obtaining a temporary work visa, such as an H-1B visa); Form
I-140 (Immigrant Petition for Alien Worker – which is part of the
process for obtaining an employment-based green card); and Form
I-539 (Application to Extend/Change Nonimmigrant Status, for example
to change from an F-1 student visa to an H-1B work visa).
Be
sure not to confuse a work permit (or EAD) with a work visa, as they
are two completely different things.
For the time being, only a work permit application can be
processed online.
Remember,
to obtain a work visa, such as an H-1B visa, you must have a job
offer from an employer that is able and willing to sponsor you.
The visa application process is complicated, usually
requiring that different applications be submitted to several
different government agencies. To apply for a work visa, you can either be in the US or
abroad. You cannot
apply for a work visa online.
Work
permits, on the other hand, are for individuals already in the US
with an immigration status allowing them to work.
To apply for a work permit, you do not have to have a job
offer, nor a sponsoring employer. You simply need to provide proof of your qualifying status.
There are approximately 40 different statuses that are
eligible to apply for work permits. Some of the more common ones include individuals with pending
applications for permanent residency (i.e., pending green card
applications); individuals who entered on K visas; and students
doing their Optional Practical Training (OPT).
Most recently, the spouses of E and L visa holders have been
allowed to apply for EADs.
Not
all work permit categories can apply online – nothing is ever
entirely simple with the BCIS!
For a list of those categories eligible to take advantage of
E-File, you should visit the BCIS address at:
http://www.immigration.gov/graphics/formsfee/forms/i-765.htm
For
information on how to file an on-line Form I-90, consult the
following page of the BCIS site:
http://www.immigration.gov/graphics/formsfee/forms/i-90.htm
The
BCIS site provides step-by-step instructions for filing.
There are several things to note about filing online.
First, you have to have a US bank account to pay the BCIS
filing fee.
The BCIS plans to eventually accept credit card payments, but
it does not for the time being.
After submitting your on-line form, you will eventually
receive a notice to proceed to a local BCIS office – an
Application Support Center – where your fingerprints will be
taken, as well as a digital photo.
After that material has been gathered, your card will be
produced and mailed to you.
You are
NOT required to file online and can still submit your application
through the mail. Although the BCIS hopes that eventually e-filing will allow
it to improve the agency’s efficiency and customer service, at the
outset filing online will not result in your getting your document
any quicker.
My
office has already filed several on-line applications and this
option will be offered to all existing and new clients.
