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Can You Work While Your Green Card Application Is Pending?

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In This Article
  1. Table of Contents
  2. Filing for Work Authorization While Your Green Card Application Is Pending
  3. What You Can Do With an EAD
  4. How Long Work Permission Takes
  5. If You Already Have a Valid Work Visa
  6. The Risk of Working Without Authorization
  7. Staying in Authorized Status While You Wait
  8. Frequently Asked Questions
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No—filing a green card application does not automatically give you permission to work. You must separately apply for employment authorization using Form I-765, which can be filed at the same time as your green card petition or later while your application is pending, according to USCIS. Once approved, an Employment Authorization Document (EAD) allows you to work for any employer without restriction while you wait for your green card decision.

A pending Form I-485 (the green card application itself) does nothing to let you earn income. The form does not authorize employment on its own. You need a separate legal permission—either a new EAD issued because your green card is pending, or continued permission under an existing work visa like an H-1B.

Table of Contents

Filing for Work Authorization While Your Green Card Application Is Pending

You can file Form I-765 together with your I-485 green card application, or you can file it separately afterward if you submit proof that your I-485 is pending, according to USCIS's I-765 filing guidance. If you wait to file separately, you must include documentation showing your I-485 was submitted and use eligibility category (c)(9) on the form.

Filing at the same time as your green card application is often simpler because you submit everything together and can show both pending applications in one package. However, if you did not apply for work authorization initially, you can still file I-765 later—just keep a copy of your I-485 receipt to prove it is pending.

What You Can Do With an EAD

An EAD issued for a pending green card application is unrestricted, meaning you can work for any U.S. employer in any location and any field once approved, according to USCIS's Employment Authorization Document guidance. You are not limited to a single employer, a specific job title, or a particular company's sponsorship—a major difference from employment-based visas like the H-1B.

You can change jobs, switch industries, take promotions, or work for multiple employers simultaneously. Your authorization is tied to the document itself, not to an employer petition. The only condition is that you must remain in valid status and continue complying with the terms of your EAD while your green card application is pending.

How Long Work Permission Takes

The median processing time for Form I-765 in fiscal year 2025 was approximately 2.2 months, and the physical EAD card itself should arrive within 2 weeks after approval, according to USCIS processing time data. This means you may wait two to three months total from submission to holding an actual card.

However, processing times vary by location and by how quickly USCIS receives and reviews your application. Some cases move faster, and others take longer. The validity of your EAD depends on your green card category: employment-based applicants with an approved I-140 petition receive an EAD valid for up to 2 years, while those without an approved I-140 typically receive initial validity of 1 year, which can be renewed.

If You Already Have a Valid Work Visa

If you hold a valid nonimmigrant work status—such as an H-1B visa—when you file your I-485 green card application, you can continue working under that existing status without filing Form I-765, provided your employer sponsorship remains valid and you comply with the terms of your visa, according to USCIS. Many employment-based green card applicants are sponsored by their current employer on an H-1B and simply stay on that visa while the green card processes.

This option avoids the wait for an I-765 approval entirely. You keep your existing work authorization and continue with your current employer under your current visa status. However, if you leave that employer or your visa sponsorship ends, you would then need to file for an EAD to remain authorized to work while your green card application continues.

The Risk of Working Without Authorization

Working without a valid EAD or other approved work authorization while your I-485 is pending constitutes unauthorized employment and violates immigration law, even if your application is pending with USCIS. Unauthorized work is a serious violation with consequences that can include deportation, denial of your green card, and a bar to returning to the United States.

A pending application does not give you a grace period to work. You must have explicit approval—either an approved EAD, an approved H-1B or other work visa, or another documented work authorization—before you accept any paid employment. If you are unsure whether your authorization is valid, contact your immigration attorney or USCIS before starting a job.

Staying in Authorized Status While You Wait

Holding an approved EAD while your green card application is pending means you are in "authorized stay" and do not accrue unlawful presence, provided you comply with EAD terms and conditions, according to USCIS's guidance on what happens while your green card application is pending. This protects your immigration status and prevents time out of status from becoming a separate legal problem later.

Keep your EAD with you while working, follow any conditions attached to it, and do not work in violation of its terms. Once your green card is approved and you adjust status, your work authorization continues uninterrupted—you can keep working for the same employer or move to a new one.

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Frequently Asked Questions

Can I work right after I file my green card application?

No. Filing the Form I-485 green card application does not authorize employment. You must file Form I-765 and have it approved before you can legally work.

How much does Form I-765 cost?

Form I-765 has no filing fee when filed together with Form I-485. If you file I-765 separately after submitting your I-485, the form is also free.

What if my I-765 is approved but my physical EAD hasn't arrived yet?

You can begin working once your I-765 is approved. You may request a work authorization letter from USCIS to show your employer while waiting for the physical card.

Does my EAD expire if my green card is approved?

No. Once your green card is approved and you adjust status, your work authorization remains valid. You will receive a green card, which serves as your permanent work authorization. —


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About This Page

RouteToAmerica is an independent immigration news and information website. We are not USCIS, the Department of State, or any other government agency responsible for the process described in this article. We cannot determine your eligibility, process a claim, or issue payments. Our reporting is based on publicly available sources and can change as deadlines move, approvals are granted, or rules are amended. Always confirm the details through the official source before you act.