Can I Work in the U.S. While Waiting for My Green Card?

Work Authorization Options While Waiting

Whether you can work in the U.S. while waiting for your green card largely depends on your current immigration status and whether you've applied for work authorization.

1. Employment Authorization Document (EAD): Most green card applicants qualify for an EAD, also known as a work permit, while waiting for their application to be processed. If you filed Form I-485 (Application to Register Permanent Residence or Adjust Status), you can simultaneously file Form I-765 to request work authorization. Once approved, the EAD allows you to work legally for any U.S. employer.
2. Existing Work Visa Holders: If you already have a temporary work visa, such as an H-1B, L-1, or O-1, you can often continue working for your sponsoring employer as long as your visa remains valid during the green card process.
3. Spousal Work Authorization: If you're married to a U.S. citizen or a green card holder, applying for a green card as their spouse may grant you eligibility for work authorization once your EAD is approved.

Common Challenges and Misconceptions

Many individuals face confusion and hurdles during this process. Here are a few frequent issues:

• Delay in Work Permit Approval: Processing times for EAD applications can vary significantly, ranging from a few months to over a year, depending on current U.S. Citizenship and Immigration Services (USCIS) backlogs.
• Misconception About "Immediate" Work Eligibility: Filing for a green card or work permit does not automatically grant work authorization. You must wait for the EAD approval first unless you are already authorized to work under a valid visa.
• Interruptions in Employment: If you were working on a temporary visa and that status expires before your EAD is approved, you may have to stop working temporarily to avoid violating immigration law.

Important Steps to Consider

To ensure you remain eligible to work during your green card process, follow these steps:

• File Forms Concurrently: Submit Form I-765 (work permit application) with your Form I-485 (green card application) to reduce processing delays.
• Track Processing Times: Stay updated on USCIS processing times to anticipate potential delays.
• Maintain Current Visa Status: If working under a temporary visa, double-check your visa's expiration date and ensure compliance with its conditions until your EAD is approved.
• Know Your Limitations: Avoid accepting employment without proper authorization, as this can jeopardize your green card application.
• Seek Guidance from an Immigration Attorney: Partnering with a skilled attorney ensures you understand your options clearly and avoid costly mistakes throughout the process.

Contact Us For Help

Understanding your work authorization options while waiting for your green card is crucial to maintaining stability, both financially and professionally. While challenges like processing delays can be frustrating, taking proactive steps and seeking legal guidance can make this process more manageable. At Green Evans-Schroeder, we're here to help you every step of the way, ensuring that your rights are protected and your goals are within reach. If you have questions about your specific situation, we encourage you to schedule a consultation with our team.