Can I Work While My Green Card Application is Pending?

When you're in the process of applying for a Green Card, one of the most important things to consider is whether you're allowed to work while your application is pending. The short answer is yes, but there are certain steps and conditions that determine your eligibility. Let’s dive into the details of how you can work legally while waiting for your Green Card to be approved. 

Eligibility to Work While Your Green Card is Pending 

The ability to work during your Green Card application process depends largely on your current immigration status and whether you've taken the necessary steps to apply for work authorization. 

Applying for an Employment Authorization Document (EAD) 

If you're filing for Adjustment of Status (Form I-485), which is the process of applying for a Green Card while you're in the U.S., you can apply for an Employment Authorization Document (EAD). This document grants you the legal right to work while your Green Card application is being processed. The EAD is often issued in about 4-6 months, but processing times can vary, so it’s important to plan accordingly. You can file Form I-765 (Application for Employment Authorization) along with your I-485 or after submitting it. Once approved, the EAD allows you to work for any employer, in any job, without needing a separate work visa. 

Work Authorization for Spouses of Certain Green Card Applicants 

If you’re the spouse of someone who is applying for a Green Card, you may also be eligible for work authorization while their application is pending. In these cases, you would typically file a Form I-765 alongside your spouse’s I-485 application. Once your EAD is approved, you can work legally in the U.S. 

What If I Don’t Have an EAD? 

If you haven’t applied for or received an EAD, or if you’re still waiting for approval, you are not authorized to work in the U.S. While your Green Card application is pending, working without proper authorization can have serious consequences, including delays in your Green Card process or even the denial of your application. 

What About Other Non-Immigrant Visas? 

If you’re in the U.S. on a valid non-immigrant visa, such as an H-1B, L-1, or O-1, you may continue working under the terms of your current visa while your Green Card application is pending. In this case, your existing work authorization (tied to your visa) remains in effect until your Green Card is approved. 

For individuals on F-1 visas (student visas), they may be eligible for work under Optional Practical Training (OPT) or Curricular Practical Training (CPT), but these options are limited in scope and duration. If you're relying on these pathways, it's important to stay within the guidelines set by your visa to avoid any issues with your application. 

What If I’m Outside the U.S. While Applying for a Green Card? 

If you're outside the U.S. and applying for a Green Card through consular processing, you cannot work until you’ve entered the U.S. as a permanent resident. While you wait for your Green Card to be processed, you would typically need to stay in your home country or another country, following the rules of your current visa or status. 

Final Thoughts 

In summary, whether you can work while your Green Card application is pending depends on several factors, such as whether you've applied for an EAD, your current visa status, and whether you're in the U.S. or abroad. If you're eligible for an EAD, you can work legally while you await your Green Card approval. If not, you must refrain from employment until you have the proper authorization. Navigating the Green Card process can be complex, and it’s always a good idea to consult with an immigration attorney to ensure you are following the correct steps and staying in compliance with the law. An attorney can help you understand your specific situation and give you peace of mind as you move forward in your application process.