Can I Work in the USA While Waiting for My Green Card?

Yes, you may work in the United States while your green card application is pending, but only if proper work authorization has been granted.

Filing a green card application does not automatically provide the right to work. In many cases, applicants must obtain an Employment Authorization Document (EAD) before beginning employment.

When work authorization is allowed while a green card is pending

A pending adjustment of status means that an individual has filed Form I-485 (Application to Register Permanent Residence or Adjust Status) and is waiting for a decision. However, this pending status alone does not authorize employment.

Under general rules:

• Filing a green card application does not automatically grant work authorization.
• Individuals must obtain an Employment Authorization Document (EAD) before working, unless they already hold a valid work visa such as H-1B or L-1.
• Form I-765 (Application for Employment Authorization) may only be filed after Form I-485 has been submitted.
• Once a green card is approved, the EAD is no longer needed because the green card itself serves as proof of authorization to live and work in the U.S.

Adjustment of status vs. consular processing considerations

The ability to work while waiting for a green card depends on where the application is processed.

Adjustment of Status (within the United States)

• Applicants physically present in the U.S. who file Form I-485 are generally eligible to apply for an EAD.
• Work authorization is available only after EAD approval.
• Derivative family members (spouses and unmarried children under 21) may apply for their own EADs based on the pending I-485.

Consular Processing (outside the United States)

• Individuals applying for a green card from abroad are not eligible for a U.S. work permit.
• They are authorized to work in the United States only after completing the green card process and entering the country as lawful permanent residents.

Employment Authorization Document (EAD) rules

An Employment Authorization Document (EAD), sometimes referred to as a work permit, is required for most green card applicants who wish to work while their application is pending.

Eligibility requirements

To apply for an EAD while a green card is pending, an applicant must:

• Be living in the United States
• Have a pending Form I-485
• Have an immigrant visa number available (if required)

Additional considerations include:

• Family-based applicants related to U.S. citizens may file for an EAD as part of their initial green card package.
• Family members of green card holders must wait until a visa number becomes available and Form I-485 is filed before applying.
• Employment-based applicants (EB-1 through EB-5) may apply for an EAD once Form I-485 is filed.
• Derivative beneficiaries must file separate EAD applications.

Scope and validity

• An EAD associated with a family-based green card allows unrestricted employment with any lawful employer.
• Initial EADs are typically valid for one to two years.
• Once the green card is approved, the EAD automatically terminates.

Typical timelines or outcomes

EAD processing times can vary depending on workload and case type.

• Work permits typically arrive within five to seven months after USCIS receives the application.
• As of mid-2025, many applicants receive their EAD within two to three months of filing Form I-765 with Form I-485.
• Other estimates place processing between three and six months.
• Once approved, USCIS typically mails the EAD within two weeks.

Important timing considerations include:

• The automatic 180-day EAD extension for renewal applicants ended on October 30, 2025.
• Applicants must now possess an unexpired EAD to continue working.
• EAD renewal applications cannot be filed more than 180 days before expiration.
• If the I-485 is denied, the EAD and any derivative benefits terminate immediately.

Consequences of unauthorized employment

Working without proper authorization while a green card application is pending can have serious consequences.

• Unauthorized employment can jeopardize the green card application.
• Penalties may include three- or ten-year reentry bans.
• Working after an EAD expires is considered unauthorized employment.
• Unauthorized employment may lead to denial of Form I-485.
• USCIS forgives unauthorized work only in limited circumstances, such as for the spouse of a U.S. citizen.

Nonimmigrant visa holders should also consider status risks:

• H-1B or L-1 holders who use an EAD or advance parole generally abandon their nonimmigrant status.
• If the green card application is later denied, they may have no valid status to fall back on and may need to depart the United States.

Travel without approved advance parole while an I-485 is pending is generally considered abandonment of the green card application, unless valid H-1B or L-1 status is maintained.

Immigration rules vary by individual circumstances

Eligibility to work while waiting for a green card depends on:

• The type of green card category
• Whether Form I-485 has been properly filed
• Visa number availability
• Maintenance of lawful status
• Compliance with EAD validity requirements

Each case is evaluated individually under immigration regulations.

Key takeaways

• Filing a green card application does not automatically grant work authorization.
• Most applicants must obtain an EAD before beginning employment.
• Adjustment of status applicants may apply for an EAD; consular applicants may not.
• EAD processing times typically range from two to seven months.
• Unauthorized employment can lead to denial or immigration penalties.
• If Form I-485 is denied, the EAD terminates immediately.

Final thoughts

In many cases, working while waiting for a green card is permitted only after receiving an approved Employment Authorization Document. Compliance with EAD rules, renewal timing, and travel restrictions is essential to maintaining eligibility during the green card process.

Individuals seeking clarification about their eligibility to work while a green card is pending may consult a qualified immigration law firm such as AB Legal Consult for further professional guidance.

This article is for general informational purposes only and does not constitute legal advice. Immigration laws and processing policies may change and vary depending on individual circumstances.