Can I Work in the US While My Green Card Application is Pending?

You filed your green card application months ago. The wait stretches on. Bills don’t stop. Opportunities appear. And you’re asking the question thousands of green card applicants ask: can I actually work while I’m waiting?

The answer depends on what you do next.

Filing a green card application doesn’t automatically give you the right to work in the United States. But most applicants who file from inside the US can get work authorization while they wait.

The Short Answer: Yes, But You Need an EAD

If you’re applying for a green card through adjustment of status (Form I-485), you can apply for an Employment Authorization Document (EAD) that lets you work legally while USCIS processes your green card.

The EAD is a photo ID card that proves you have permission to work. Once you have it, you can work for any employer in any job without restriction.

But there’s a catch: filing Form I-485 alone doesn’t authorize work. You must separately apply for the EAD using Form I-765 and wait for USCIS to approve it before starting any employment.

Who Can Get a Work Permit While Waiting for a Green Card?

Several categories of green card applicants qualify for employment authorization:

Employment-Based Green Card Applicants

People pursuing employment-based green cards (EB-1, EB-2, EB-3, EB-4, EB-5) can apply for EADs once they file their I-485 applications.

Family-Based Green Card Applicants

Relatives of US citizens typically file their work permit application as part of the initial green card package. Relatives of green card holders must wait until they’re eligible to file their green card application before applying for a work permit.

Derivative Family Members

Spouses and unmarried children under 21 of primary green card applicants can apply for their own EADs based on pending I-485 applications. This is particularly valuable for spouses on H-4 or L-2 visas who previously had limited work options.

How to Apply for a Work Permit While Your Green Card Is Pending

The process requires filing Form I-765 (Application for Employment Authorization) with USCIS.

You can file Form I-765 at any time while Form I-485 is pending, but it’s best to submit both forms at the same time.

You’ll need to include:

• Copy of your I-485 receipt notice
• Passport biographical pages
• Copy of any previous EAD (if you’re renewing)
• Two passport-style photographs
• Filing fee

Adjustment of status applicants pay a reduced fee of $260 when filing Form I-765 with their I-485. This is discounted from the standard I-765 fee for other applicants.

How Long Does It Take to Get a Work Permit?

Most applicants receive their adjustment of status work permit within 3 to 6 months of filing Form I-485. Processing times vary by USCIS workload and local field office.

Check current processing times on the USCIS website by selecting “I-765” and “Based on a pending I-485 adjustment application.”

Once USCIS approves your application, your EAD card should arrive within 2 weeks via USPS Priority Mail.

Can You Work Before Your EAD Arrives?

No.

You cannot work legally until your EAD is granted. Violating this rule can have severe consequences, including denial of your green card application or removal proceedings.

This applies even if you filed Form I-765 months ago and expect approval any day. Until the physical EAD card is in your hands, you cannot legally start working.

What If You Already Have a Work Visa?

If you already have a valid work visa like an H-1B or L-1, you can continue working in the United States even while your green card application is being processed.

Many immigration attorneys recommend maintaining your current work visa as a backup even after obtaining an EAD. This creates a safety net if your I-485 application faces problems.

However, once you use an EAD to work or use advance parole to travel internationally, you generally abandon your nonimmigrant visa status.

If your I-485 application is later denied, you no longer have a valid non-immigrant status to fall back on and must leave the United States.

What Your EAD Allows You to Do

EADs based on pending I-485 applications allow unrestricted employment.

EAD holders can work for any employer in any position, hold multiple jobs simultaneously, engage in self-employment, own businesses, or work as independent contractors.

This flexibility contrasts with H-1B visas, which limit you to specific employers and approved positions.

With an EAD, you can:

• Change jobs without filing new petitions
• Work multiple jobs at once
• Start your own business
• Freelance or do contract work
• Accept any type of legal employment

What Happens If Your EAD Expires Before Your Green Card Arrives?

EADs typically expire after 1-2 years. If your green card still hasn’t been approved when your EAD approaches expiration, you’ll need to renew it.

You can file a renewal using Form I-765 up to 180 days before your current EAD expires. File early. Processing times for renewals can take 5-7 months.

Important Change as of October 2025

As of October 30, 2025, the automatic 180-day extension rule ended for most EAD renewals. You must now have an unexpired EAD in hand to continue working once your previous EAD expires, unless another status authorizes employment.

This makes timely renewals critical. Given current processing times, some applicants may face gaps between EAD expiration and renewal approval.

During these gaps, you cannot work legally unless you maintain valid H-1B, L-1, or other work-authorized status.

Can You Travel While Waiting for Your EAD?

Yes, but you need additional documentation.

You must apply and be approved for a travel permit (officially called an Advance Parole Travel Document) before you can leave the United States while your green card application is pending.

Many applicants file Form I-131 (Application for Travel Document) at the same time as Form I-765. USCIS sometimes issues a “combo card” that serves as both an EAD and advance parole document.

Warning: If you leave the US before your travel permit is approved, USCIS will consider your green card application abandoned.

Consequences of Working Without Authorization

Working without proper authorization while your green card is pending can destroy your case.

Penalties for unauthorized employment include:

• Denial of your green card application
• Bars on reentering the United States for 3-10 years
• Removal proceedings
• Loss of eligibility for future immigration benefits

What About Self-Employment or Freelancing?

Home businesses are typically considered employment by US immigration law, even when you’re working for yourself.

This means you need an EAD before starting any type of work, including:

• Freelance consulting
• Starting an online business
• Driving for rideshare services
• Selling goods or services
• Any income-generating activity

The only exception is passive investment income (like stock dividends or rental property you don’t actively manage).

Common Mistakes to Avoid

Starting Work Too Soon

Don’t start working the day you mail your I-765. Wait until you physically receive your approved EAD card.

Assuming Filing Equals Authorization

Filing Form I-765 doesn’t authorize work. Only the approved EAD card does.

Letting Your EAD Expire

File renewal applications at least 180 days before expiration. With the elimination of automatic extensions for most categories, gaps in authorization now mean gaps in legal employment.

Not Maintaining Backup Status

If you have H-1B or L-1 status, consider keeping it active as a safety net rather than immediately switching to EAD-only authorization.

Ignoring Processing Times

Check current I-765 processing times before making employment commitments. Processing delays are common.

What Happens After Your Green Card Is Approved?

Once USCIS approves your green card application, your work permit automatically terminates. You no longer need it.

As a permanent resident, you’re authorized to work in the United States even before your physical green card arrives.

Your green card serves as proof of your right to live and work permanently in the US.

Don’t Start Working Without Legal Advice

Immigration rules change frequently. Processing times fluctuate. Individual cases have unique complications.

If you’re in South Carolina and need guidance on working while your green card is pending, contact Okoye Law. We help clients understand their work authorization options and avoid mistakes that could jeopardize their immigration cases.