Yes, some people can work while waiting for a green card, but filing a green card application does not automatically give every applicant permission to work. Your ability to work depends on your current immigration status and whether you have, or qualify for, employment authorization. For many adjustment-of-status applicants, Form I-765 can be used to request an Employment Authorization Document (EAD). Others may already have employment authorization through their underlying status.
An Employment Authorization Document (EAD), commonly called a work permit, is evidence of employment authorization for eligible noncitizens. USCIS issues EADs under specific eligibility categories, and the rules for filing, renewal, validity, and extensions can differ by category.
For many people with a pending adjustment-of-status application, the relevant category is (c)(9). However, a pending I-485 is not the only basis for employment authorization. Your actual immigration status and the applicable Form I-765 category must be reviewed.
It depends on the legal basis for your employment authorization. You generally need valid employment authorization before working unless your immigration status or another applicable rule already authorizes the employment.
Many applicants with a pending Form I-485 can request an EAD by filing Form I-765 under the appropriate category. Adjustment applicants commonly use category (c)(9), but eligibility should be confirmed from the current USCIS instructions and the facts of the case.
Filing the I-485 or I-765 is not itself proof that you are authorized to work.
Some classifications provide employment authorization subject to specific conditions. For example, H-1B and L-1 employment is generally tied to the approved classification and employment terms rather than providing the unrestricted flexibility associated with a qualifying EAD. Other classifications have their own rules. Do not assume that having a visa, I-94, or pending green card application automatically authorizes employment.
Form I-765 has numerous eligibility categories. Depending on the facts, an applicant may qualify based on a pending adjustment application, asylum, TPS, parole, deferred action, or another statutory or regulatory basis.
The correct eligibility category is critical. USCIS instructions should be checked before filing because requirements and filing options can change.
Review the current Form I-765 instructions and identify the category that actually matches your immigration situation.
Use the current form edition and provide complete, consistent information. Errors can lead to rejection, requests for evidence, or delays.
Evidence depends on the category. For an I-485-based filing, this may include the I-485 receipt notice and identity documents, but the current USCIS checklist for your category controls.
USCIS currently lists $260 for certain I-485-based I-765 filings where the I-485 was filed with a fee on or after April 1, 2024. Certain older I-485 filings may qualify for a $0 I-765 fee under USCIS rules; other categories have different fees or exemptions.
Some categories can be filed online while others require paper filing. Follow the current filing instructions for your eligibility category.
Keep the receipt notice and monitor the case through USCIS. Respond promptly if USCIS requests biometrics, evidence, or other information.
There is no reliable universal processing period for every Form I-765. USCIS processing times vary by category and workload and are updated over time.
Use USCIS’s processing-time tool for the applicable form and category. The published time is an estimate based on USCIS processing data, not a guarantee for an individual case. If a case becomes eligible for an inquiry, USCIS provides tools for requesting an update. Limited expedite requests may also be available when the request meets USCIS criteria.
Check current USCIS processing times
Certain eligible applicants who timely file an EAD renewal can receive an automatic extension of employment authorization and EAD validity for up to 540 days while the renewal is pending. The extension is not universal; eligibility depends on the renewal category, timely filing, and other requirements.
An eligible employee may be able to use the expired EAD together with the qualifying Form I-797 receipt notice as evidence of continued authorization under the applicable rules. Do not assume an expired EAD is automatically extended without checking whether the specific renewal qualifies.
USCIS automatic EAD extension guidance
Review the denial notice carefully. Common issues can include an incorrect eligibility category, missing evidence, failure to establish eligibility, or loss of the underlying basis for the EAD.
EAD denials do not universally carry a standard appeal right. Depending on the decision and applicable rules, a motion to reopen or reconsider or a new, corrected application may be relevant. The denial notice and current USCIS procedures control.
If the EAD was based on a pending I-485 and the I-485 itself is denied or otherwise stops supporting the EAD category, the work-authorization issue may need to be addressed together with the underlying adjustment case.
A qualifying EAD generally provides broader employment flexibility than an employer-specific immigration status. However, employment authorization and the basis for a green card are separate issues. A person with an EAD may have work flexibility while still needing to protect the eligibility requirements of an employment-based I-485 or I-140.
For certain employment-based adjustment applicants, INA section 204(j) may permit job portability after the Form I-485 has been pending for at least 180 days, when the statutory and regulatory requirements are satisfied. The new job generally must be a full-time, permanent position in the same or a similar occupational classification.
This is different from asking whether an EAD permits employment for another employer. Before changing jobs in an employment-based green card case, review both your work authorization and the requirements for preserving the adjustment case.
Working without authorization can create immigration problems, but the consequences depend on the person’s status, adjustment category, and applicable statutory exceptions. It is too broad to say that any unauthorized employment automatically results in denial of a green card or removal proceedings.
Some adjustment applicants are subject to restrictions based on unauthorized employment, while certain categories have exceptions or forgiveness provisions. For example, certain immediate relatives of U.S. citizens are treated differently under the adjustment rules. Because the effect can vary substantially, do not assume that a short period of unauthorized work has the same consequence for every applicant.
If you are unsure whether your current job is authorized, confirm the legal basis for your employment before continuing to work.
A pending I-485 does not automatically give you permission to travel internationally and return to the United States. In many adjustment cases, departing without the required advance parole can result in abandonment of the I-485.
Advance parole is generally requested through Form I-131. Certain noncitizens, including some H-1B and L-1 applicants who meet specific conditions, can have different travel rules. Because travel can affect both adjustment and admission, confirm the rules that apply to your status before leaving the United States.
Choosing the wrong eligibility category. Verify the category against current USCIS instructions and your actual immigration situation.
Using an outdated fee. Check the current fee schedule immediately before filing.
Submitting incomplete evidence. Follow the evidence requirements for your specific category.
Missing a required signature. Review the completed form before submission.
Assuming filing equals authorization. Do not begin employment merely because Form I-765 or Form I-485 was filed.
Ignoring an EAD expiration date. Check whether you qualify for an automatic extension before continuing to work after the printed expiration date.
Changing jobs without reviewing an employment-based case. A valid EAD does not eliminate separate requirements that may apply to the underlying I-485 or I-140.
If USCIS approves your adjustment of status and you become a lawful permanent resident, you generally no longer need an EAD to establish employment authorization. Your green card can serve as evidence of both identity and employment authorization for Form I-9 purposes.
If an EAD application remains pending when the green card is approved, the EAD is no longer the document needed to establish work authorization as a permanent resident. The handling of the pending EAD case is an administrative matter for USCIS.
Work authorization can depend on the relationship between your immigration status, pending applications, and the specific Form I-765 eligibility category. An immigration attorney can review your documents, identify the applicable basis for employment authorization, and help address an EAD delay, denial, renewal issue, or employment-related question.
Learn about Big Chad Law’s Arizona immigration legal services
Not merely because you filed them. You generally need an independent basis for employment authorization or an approved EAD before beginning employment, unless another rule already authorizes your work.
Not necessarily. H-1B employment authorization is tied to the approved H-1B classification and employment terms. An adjustment-based EAD is a separate basis of work authorization.
If your spouse independently qualifies for employment authorization, such as through a qualifying pending adjustment application, they may be able to work after obtaining authorization. Dependent classifications can also have their own employment rules.
The fee depends on the category and filing circumstances. USCIS currently lists $260 for certain I-485-based I-765 filings where the I-485 was filed with a fee on or after April 1, 2024. Always check the current fee schedule.
Some timely renewals qualify for an automatic extension of up to 540 days. Eligibility depends on the renewal category and other requirements.
A qualifying EAD generally provides broader employment flexibility than an employer-specific status. If the green card is employment-based, however, changing jobs can affect the underlying case.
Yes. EAD approval does not guarantee approval of Form I-485.
Travel can affect a pending adjustment application. In many cases, departing without advance parole can result in abandonment of the I-485, although specific exceptions may apply.
This article provides general legal information and is not legal advice. Immigration rules can change, and employment-authorization eligibility depends on the individual’s status, filing history, and specific facts. Review current USCIS instructions and notices for your case and consult a qualified immigration attorney for case-specific guidance.
Disclaimer: This article is provided by Big Chad Law for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws, fees, regulations, and court decisions referenced may change. For advice on your specific situation, please contact Big Chad Law directly to schedule a consultation.