Working While Your Green Card is Pending: What You Need to Know

For many immigrants in the United States, the wait for a green card can stretch on for months or even years. Naturally, one of the most common questions during this period is whether it is possible to keep working, or to start a new job, while the green card application is still under review. The short answer is yes, but only under specific conditions tied to your work authorization status. Understanding those conditions is essential, since working without proper authorization can jeopardize your immigration case entirely.

The Short Answer

You can work while your green card application is pending, but only if you hold valid work authorization at the time. Simply having a pending Form I 485, the Application to Register Permanent Residence or Adjust Status, does not by itself grant you the legal right to work. You need one of the following forms of work authorization in place.

Continue Working on an Existing Work Visa

If you are already in the United States on a valid nonimmigrant work visa, such as an H1B, L1, or O1, you may continue working under the terms of that visa for as long as it remains valid. Filing your green card application does not interrupt this authorization. Many applicants choose to keep their work visa active as a form of backup protection while their adjustment of status case moves through USCIS processing.

Apply for an Employment Authorization Document (EAD)

The most common route for adjustment of status applicants to gain work authorization is the Employment Authorization Document, widely known as an EAD or work permit. To obtain one, you must file Form I 765, Application for Employment Authorization, with USCIS. This form can be submitted together with your Form I 485 green card application or filed separately afterward, though submitting both at the same time is generally recommended to save on processing time and cost.

Once your EAD is approved, it allows you to work for any employer, in any role, without being tied to a specific sponsor. It also permits activities such as operating your own business or working as an independent contractor. This flexibility stands in contrast to visas like the H1B, which restrict you to a specific employer and job.

EAD processing times vary by service center and current demand, but applicants should generally expect a wait of several months. There is no premium processing option available for this category, so filing your work permit application early is strongly advised.

Work Authorization for Spouses of Green Card Applicants

If your spouse is the primary applicant in an employment based green card case, you may also be eligible to apply for your own EAD. This is typically filed alongside your spouse’s Form I 485. Once your own work permit is approved, you are free to seek employment in the United States on the same terms as any other EAD holder.

Green card applicants who previously relied on an automatic extension of an expiring EAD should take particular note of a recent change. The automatic one hundred eighty day extension for expiring work permits ended on October 30, 2025. This means applicants must now hold an unexpired EAD in hand to continue working legally, and cannot assume continued work authorization simply because a renewal application is pending. If your EAD is approaching its expiration date, file your renewal well in advance and confirm your card remains valid before continuing employment.

The Risks of Working Without Authorization

Working without proper authorization, even informally or on a short term basis, can carry serious consequences. It may lead to the denial of your green card application and can complicate future immigration filings. USCIS takes unauthorized employment seriously, and applicants should never assume that a pending case alone provides legal cover to work.

Frequently Asked Questions

Does filing Form I 485 alone allow me to work? No. Filing Form I 485 only starts the adjustment of status process. You need a valid work visa or an approved EAD from Form I 765 to legally work in the United States.

How long does it take to get a work permit while my green card is pending? EAD processing times generally range from three to six months, though this can vary based on the service center handling your case and current application volumes.

Can I switch employers while waiting for my green card? If you hold an EAD based on a pending Form I 485, you can generally work for any employer. If you are relying on a visa such as an H1B, employer changes are subject to that visa’s specific rules.

What happens if my EAD expires before my green card is approved? Since the automatic extension for expiring work permits ended on October 30, 2025, you must have a valid, unexpired EAD to keep working. File your renewal application well before the expiration date to avoid a gap in authorization.

How NYAYAM Can Help

NYAYAM allows you to upload your documents and receive a plain language breakdown of what they mean, helping you better understand your case as it moves through the process.

NYAYAM is here to support you with legal assistance, helping you read, understand, and analyze the documents at the center of your situation. However, please note that NYAYAM provides legal assistance and not legal advice. The information in this article is for general informational purposes only and does not apply to any specific individual’s circumstances. Every immigration case is unique, and outcomes depend on facts, evidence, and applicable law that can vary based on individual circumstances. For guidance specific to your situation, we strongly encourage you to consult a licensed immigration attorney.

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