Can I Work While My Green Card Application Is Pending?
TRW Law Firm Guide for Green Card Applicants
One of the most frequent questions TRW Law Firm receives from clients seeking lawful permanent residence is: “Can I work while my green card application is pending?” This guide aims to answer that question thoroughly based on the latest legal standards as of 2025.
Understanding Employment Authorization During a Pending Green Card Application
If you’re applying for a family-based green card from within the United States (Form I-485 – Adjustment of Status), your ability to work legally hinges on whether you hold an Employment Authorization Document (EAD), commonly known as a work permit.
Important: You cannot apply for a U.S. work permit if you are applying for a green card from abroad. Work authorization is only available to those filing from within the United States.
Work Permit (EAD) Frequently Asked Questions
Can I work while waiting for my green card?
If you already hold a valid work visa (such as an H-1B, L-1, or O-1), you may continue working lawfully. If not, you must apply for a work permit (Form I-765).
Spouses and immediate relatives of U.S. citizens can file for the EAD along with their green card application. Relatives of green card holders must wait until they can lawfully file Form I-485 before filing the I-765.
How long does it take to receive my EAD?
Currently, USCIS takes about 5 to 7 months to process work permit applications. This timeline starts once your I-765 is received. (Previously, this process took 90 days but backlogs have extended wait times.)
Can my sponsoring relative file my EAD application?
No. Only the green card applicant (the beneficiary) may sign and submit the work permit application (Form I-765).
What documents are required for Form I-765?
To file your EAD application, you generally need:
- A copy of your Form I-94 travel record (if applicable)
- Previous EADs (if any)
- Government-issued ID (e.g., passport)
- Two passport-style photographs
- Copy of Form I-485 receipt notice (I-797)
What is the cost of a work permit?
As of 2025, the USCIS filing fee for Form I-765 when submitted with an I-485 application is $260.
Working with an EAD
What jobs can I take with my EAD?
An EAD grants unrestricted employment authorization. You may work for any employer, in any field, either full-time or part-time.
Are there limits on working hours with an EAD?
No. You may work as many hours as you like. There are no restrictions on part-time or full-time employment.
What happens to my EAD after I receive my green card?
Once your I-485 is approved, your EAD becomes invalid. As a green card holder, you no longer need a separate work permit to be employed in the United States.
Risks of Unauthorized Employment
Will working without authorization affect my green card application?
Yes. Unauthorized employment can jeopardize your immigration case. You may be subject to inadmissibility bars of 3 or 10 years. However, USCIS generally waives unauthorized employment for spouses of U.S. citizens during family-based green card processing.
Working While Living Abroad
Can I work in the U.S. while my green card application is pending if I live abroad?
No. You must wait until you receive your immigrant visa and are admitted to the United States as a lawful permanent resident before working.
Can I work abroad while waiting for my green card?
Yes, but with caution. If you are applying from the U.S. and plan to travel abroad while your green card and work permit applications are pending, you must first receive Advance Parole (Form I-131) approval. Leaving before this document is granted will result in your green card application being considered abandoned.
Once you receive both your EAD and travel document, you can choose to either work in the U.S. or return to your home country while waiting.
Final Takeaway from TRW Law Firm
Applying for a green card and planning to work lawfully in the United States involves a careful understanding of immigration procedures. Unauthorized work can create legal complications, while properly timed EAD applications can provide interim work rights.
If you are unsure about the timing, documentation, or legal risks involved, TRW Law Firm’s immigration lawyers are ready to assist you at every stage.
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