Waiting for a green card can take time, and many applicants need to continue working while U.S. Citizenship and Immigration Services (USCIS) processes their case. This raises an important question: can you work while your green card application is pending?
A pending green card application does not automatically give you permission to work in the United States. However, many adjustment of status applicants may qualify for an Employment Authorization Document (EAD), commonly called a work permit. Whether you can legally work depends on your current immigration status and whether you have valid employment authorization.
Can You Work With a Pending I-485?
Simply filing Form I-485, Application to Register Permanent Residence or Adjust Status, does not by itself authorize you to work in the United States.
Some applicants already have permission to work through another immigration status. Others may need to obtain an EAD based on their pending adjustment of status application before accepting employment.
Working without authorization can create serious immigration problems, so applicants should confirm that they are legally permitted to work before starting or continuing a job.
What Is an Employment Authorization Document?
An Employment Authorization Document is evidence that USCIS has authorized an individual to work in the United States for a specified period.
Many applicants with a pending Form I-485 can request employment authorization by filing Form I-765, Application for Employment Authorization. Once approved, USCIS issues an EAD that can generally be presented to an employer as evidence of work authorization.
An EAD is temporary. It does not mean that the green card application has been approved or guarantee that USCIS will ultimately grant permanent residence.
Who Can Apply for a Work Permit While Waiting for a Green Card?
Many adjustment of status applicants are eligible to request an EAD while their Form I-485 remains pending. Eligibility depends on the basis of the green card application and the applicant’s individual immigration circumstances.
This commonly includes eligible applicants pursuing family-based or employment-based adjustment of status.
Applicants should not assume that filing Form I-485 automatically makes them eligible to work. USCIS must approve the employment authorization unless the person already has independent authorization to work.
How Long Does It Take to Get a Work Permit?
EAD processing times can change depending on USCIS workload, the applicant’s eligibility category, and other circumstances.
Applicants should check current USCIS processing information for Form I-765 rather than relying on older estimates found online. A green card application and an employment authorization application may also move at different speeds.
In some situations, an applicant could receive a green card before USCIS makes a separate decision on the pending EAD application.
Can You Keep Working While Your EAD Renewal Is Pending?
Certain EAD renewal applicants may qualify for an automatic extension of their employment authorization if they file a timely renewal application and satisfy USCIS eligibility requirements.
These rules depend on the applicant’s EAD category and current USCIS regulations. Because employment authorization rules can change, applicants should verify their eligibility before continuing to work on an expired EAD.
What If You Already Have a Work Visa?
Some green card applicants already have employment authorization through a valid nonimmigrant status, such as H-1B status.
Depending on the circumstances, these individuals may be able to continue working under their existing status while Form I-485 is pending. Maintaining valid nonimmigrant status can also have strategic immigration benefits in some cases.
An immigration attorney can help determine whether relying on an existing status or an adjustment-based EAD makes more sense for your situation.
What Happens If You Work Without Authorization?
Unauthorized employment can create significant problems during the green card process. Depending on the immigration category and circumstances, it may affect eligibility for adjustment of status.
There are exceptions and special rules for certain applicants, including some immediate relatives of U.S. citizens, but these exceptions should not be assumed to apply to every case.
If you have already worked without authorization, speak with an immigration attorney before making decisions about your pending green card application.
Does an EAD Affect Your Green Card Application?
Receiving an EAD does not negatively affect a green card application simply because you use the employment authorization.
The EAD allows an eligible applicant to work while USCIS considers the underlying adjustment of status case. USCIS will still separately determine whether the applicant meets all requirements for permanent residence.
Get Help With Your Green Card and Work Permit
Understanding when you can legally work while waiting for a green card is important. A pending I-485 alone does not necessarily provide employment authorization, and working without permission can have immigration consequences.
BCA Law Firm helps individuals and families navigate adjustment of status, employment authorization, and other green card matters. If you have a pending green card application and are unsure whether you can work legally in the United States, contact BCA Law Firm to schedule a consultation and discuss your options.
