Can You Work While Your Green Card is Pending?

Understanding Work Authorization While Waiting for a Green Card

Applying for a green card is an important process for becoming a permanent resident of the United States. However, most applicants face uncertainty about their ability they work while their application for a green card is pending. The common question is, Can I work while waiting for a green card? depends on several factors, such as your current immigration status, whether you have filed for a work permit while waiting for a green card, and your qualification for an Employment Authorization Document (EAD).

Green Card vs. Work Permit: What’s the Difference?

A green card and a work permit are not the same. While a green card allows permanent residence and unrestricted employment, a work permit (Employment Authorization Document – EAD) is temporary work authorization when your application for a green card is pending. If you don’t already have work authorization through a current visa, you need to have a work permit before starting employment.

This complete guide will walk you through the process of obtaining a work permit in the USA, the U.S. work permit processing time, and what happens if you work without authorization. It will also give you answers to essential questions like how can you get a work permit in the USA, and what is my immigration status while I-485 is pending?

Can You Work While Your Green Card is Pending?

Whether you are allowed to work while waiting for your green card is based on the status of your application and your immigration status. If you have submitted your Adjustment of Status (AOS) application on Form I-485, you might be qualified for a work permit (EAD), which will enable you to work lawfully in the U.S. But if you are applying for Consular Processing from outside the U.S., you cannot work in the U.S. until your green card is approved.

What is My Immigration Status While I-485 is Pending?

For those who have submitted Form I-485, the most important question is What is my immigration status while I-485 is pending? The answer is that you are in a period of authorized stay, but this does not automatically grant work authorization. You need to apply for a work permit to be legally employed.

Working on a Valid Visa While Your Green Card is Pending

If you are working on a work visa, for example, H-1B, L-1, O-1, or TN, you can keep working while your green card is pending. But if you are on a non-work visa, for example, B-1/B-2 (Visitor) or F-1 (Student), you will not be allowed to work unless you have a work permit.

How to Apply for a Work Permit While Waiting for a Green Card

To work lawfully while waiting for your green card, you must apply for an Employment Authorization Document (EAD) by submitting Form I-765. This process ensures that you have the necessary authorization to work while you wait for your green card.

Step 1: File Form I-765

If you are applying for the Adjustment of Status (I-485), you must file Form I-765 (Application for Employment Authorization) along with your application for a green card. If you didn’t submit it with your application, you can submit it later along with your receipt notice of I-485.

Step 2: Submit Required Documents

When you file Form I-765, you must submit supporting documents like:

• Passport and visa copy
• Your I-94 arrival/departure record
• A copy of your receipt notice I-485
• Any previous EAD cards (if applicable)

Step 3: Pay the Fees (if applicable)

In case you file Form I-765 with Form I-485, the permit-to-work fee is generally not paid. If you file separately, though, you might be asked to pay a filing fee based on your category.

Step 4: Attend the Biometrics Appointment

After submitting your application, USCIS will send you a biometrics appointment where you’ll be asked to submit fingerprints and a photo. This is an important step in identity authentication and security screening.

Step 5: Wait for Approval

After USCIS processes your application, you will be issued your Employment Authorization Document (EAD), and you can work legally. Processing times are different, so many ask, How long does it take to get a work permit?

How Long Does It Take to Get a Work Permit?

Processing time for a US work permit varies based on USCIS workload, service center, and case difficulty. Generally, it takes 5 to 7 months for a work permit to be processed.

How Long After Biometrics Do You Get Your Work Permit?

Many people ask, After fingerprinting, how long to get the work permit? While biometrics is an essential step, there is no automatic approval of your work permit after your fingerprinting. Generally, your EAD card will be processed within 90 days from your biometrics date.

Preventing Delays in Work Permit Processing

If you are asking work permit how long does it take?, the response is different based on USCIS processing times. Delays are common, so it is best to request a renewal six months before expiration to avoid employment gaps.

Can You Work While Your Work Permit is in Process?

The most common question asked is, Can I work while my work permit is pending? The answer is no—you cannot work legally until your EAD is granted.

Violating this rule can have severe consequences, such as denial of your green card application or removal proceedings. If you are in a situation where you are waiting for a work permit and must work, you should wait until your EAD has been issued before you start work.

Work Permit Renewal: What Happens If Your EAD Expires?

If your work permit is close to expiring and your green card has not yet been approved, you must apply for a renewal EAD to continue working legally. Many applicants ask, How long does a work permit take to renew? The renewal process typically takes 5-7 months, so USCIS recommends applying at least 6 months before expiration to avoid work disruptions.

What If Your EAD Expires Before Renewal Approval?

If your EAD is set to expire before your renewal request has been approved, you can be eligible for an automatic extension of up to 180 days, depending on your visa category. Not every applicant is eligible, however, so it is important to track your expiration date and request renewal as soon as possible.

Can You Work While Your Work Permit Renewal is Pending?

Applicants also ask, Can I work while my work permit is pending renewal? The answer depends upon whether you are eligible for an automatic extension. If you do have an extension, you may keep working while your application is pending for renewal. If you do not, you have to stop working until you receive your new EAD.

Can You Stay in the U.S. While Waiting for a Green Card?

Most of the applicants ask Can I stay in the U.S. while waiting for a green card? This varies based on whether you have submitted the Adjustment of Status (I-485). If your I-485 is pending, you can remain in the U.S. legally. However, if you applied under Consular Processing (I-130 only), you cannot remain in the U.S. waiting for the green card approval.

If you are going to travel, you need to file for Advance Parole in order re-enter to the U.S. without abandoning your green card application. One of the most asked questions is, Can I travel outside the U.S. while I-130 is pending? The response is based on whether you hold a valid visa or Advance Parole document.

Green Card vs. Work Permit: What’s the Difference?

Most individuals are mistaken to confuse a green card with a work permit. A green card grants permanent residence and full employment rights, whereas a work permit (EAD) is only temporary and effective while your green card application is still pending.

If you are asking, Can you work with a green card? the answer is yes—green card holders enjoy full work authorization in the U.S. But if you are waiting for a green card, you need to get a work permit first.

Get Legal Help for Your Work Permit and Green Card

For professional legal advice on how to get work permission in the USA, our experienced immigration lawyers at Passage Immigration Law can assist you through the process.

Contact us today for professional immigration legal support!