Applying for a green card is an important step, but many applicants have a practical question while they wait:
Can I work in the United States while my green card application is pending?
The answer depends on whether you already have valid work authorization, whether you filed Form I-765, and what immigration status you currently have. A pending green card application by itself does not always mean you can automatically start working.
This guide explains the basic rules in simple terms.
What Does “Green Card Pending” Mean?
When people say their green card application is “pending,” they usually mean that they filed Form I-485, Application to Register Permanent Residence or Adjust Status, and USCIS has not made a final decision yet.
Adjustment of status is the process used by some applicants who are already inside the United States and want to apply for lawful permanent resident status without leaving the country. USCIS describes Form I-485 as the application used to register permanent residence or adjust status.
During this waiting period, the applicant may still need permission to work, travel, or remain in the United States legally.
Does a Pending I-485 Automatically Give You Permission to Work?
No. Filing Form I-485 does not automatically give you permission to work.
To work legally while your green card application is pending, you generally need one of the following:
- A valid nonimmigrant status that already allows employment; or
- An approved Employment Authorization Document, often called an EAD or work permit.
For many adjustment of status applicants, the work permit is requested by filing Form I-765, Application for Employment Authorization. USCIS states that certain foreign nationals in the United States may file Form I-765 to request employment authorization.
What Is an EAD?
An Employment Authorization Document, or EAD, is a card issued by USCIS that shows a person is authorized to work in the United States for a certain period of time.
If you have a pending Form I-485, you may be eligible to apply for an EAD based on that pending adjustment of status application. USCIS lists a pending Form I-485 as one situation where an applicant may request employment authorization.
Once the EAD is approved, the applicant may generally work for a U.S. employer during the validity period shown on the card.
Can You File Form I-765 Together With Form I-485?
In many cases, yes.
Some applicants file Form I-765 together with Form I-485. This is often called concurrent filing. USCIS explains that Form I-765 may be filed with certain other forms, including in situations where concurrent filing is allowed.
Other applicants may file Form I-765 later, after the I-485 has already been filed. If filing separately, the applicant usually needs to include proof that Form I-485 is pending, such as a copy of the I-485 receipt notice.
Can You Keep Working on Your Current Visa Status?
Sometimes, yes.
Some people already have work-authorized immigration status before filing the green card application. For example:
- H-1B workers may continue working for the H-1B employer if their H-1B status remains valid.
- L-1 workers may continue working for the L-1 employer if their L-1 status remains valid.
- Certain other employment-based visa holders may also continue working under the rules of their current status.
However, the person must follow the limits of that status. For example, an H-1B worker generally cannot simply start working for a different employer unless the proper H-1B petition process is completed.
A pending I-485 does not erase the rules of the person’s current visa status.
What If Your Current Status Does Not Allow Work?
If your current status does not allow employment, you should not start working just because your green card application is pending.
For example, many visitors in B-1/B-2 status are not allowed to work in the United States. If a person files a green card application while in the United States, that person still needs proper work authorization before accepting employment.
Working without authorization can create serious immigration problems. It may affect the green card case, depending on the applicant’s category and circumstances.
When Can You Start Working?
You may generally start working only after you have actual work authorization.
For many adjustment applicants, that means waiting until the EAD is approved and received. Filing Form I-765 is not enough by itself. A receipt notice only proves that USCIS received the application. It does not mean the work permit has been approved.
Before starting a job, the applicant should make sure the EAD is valid and that the work is allowed under the terms of the authorization.
Can You Change Jobs While the Green Card Case Is Pending?
This depends on the type of green card case.
In family-based cases, the work permit may allow the applicant to work for different employers while the I-485 is pending.
In employment-based cases, changing jobs can be more complicated. The green card case may be connected to a specific employer, job offer, or immigrant petition. Some applicants may be able to change jobs under certain portability rules, but this depends on timing, job similarity, and the specific facts of the case.
If your green card is based on employment, you should be careful before changing employers while the case is pending.
Can You Travel While the Green Card Application Is Pending?
Work authorization and travel permission are separate issues.
If you need to leave the United States while Form I-485 is pending, you may need advance parole before traveling. USCIS explains that applicants who need to leave the United States temporarily while Form I-485 is pending should review the instructions for Form I-131, Application for Travel Documents.
Form I-131 is used for several types of travel documents, including advance parole.
Leaving the United States without the proper travel document may cause serious problems, including possible abandonment of the adjustment application in some cases.
Common Mistakes to Avoid
Mistake 1: Thinking the I-485 receipt notice allows work
The I-485 receipt notice only confirms that USCIS received the application. It does not automatically give permission to work.
Mistake 2: Starting a job before the EAD is approved
Filing Form I-765 is not the same as having an approved work permit. Many applicants must wait until the EAD is approved before working.
Mistake 3: Assuming all pending green card applicants have the same rules
The rules may differ depending on whether the case is family-based, employment-based, asylum-based, or another category.
Mistake 4: Forgetting about current visa status
Some applicants keep valid H-1B, L-1, or other status while the green card case is pending. Others may rely mainly on the pending I-485 and related benefits. These situations are not the same.
Mistake 5: Traveling without checking advance parole rules
Traveling while a green card case is pending can be risky if the applicant does not have the proper travel document or valid status for reentry.
FAQ
Can I work as soon as I file my green card application?
Usually, no. Filing the green card application does not automatically give you permission to work. You generally need valid work-authorized status or an approved EAD.
What form do I file for a work permit?
Most adjustment of status applicants use Form I-765, Application for Employment Authorization.
Can I file Form I-765 with Form I-485?
In many cases, yes. Some applicants file Form I-765 together with Form I-485, while others file it later with proof that the I-485 is pending.
Can I work for any employer with an EAD?
In many adjustment of status cases, an EAD may allow the person to work for different employers. However, employment-based green card applicants should be careful because the green card case itself may still be connected to a specific job or employer.
Can I travel while waiting for my green card?
You may need advance parole before leaving the United States while Form I-485 is pending. Travel rules can be complicated, so applicants should review their situation carefully before leaving the country.
What happens if I work without authorization?
Unauthorized employment can create immigration problems and may affect the green card application. The consequences depend on the person’s immigration category and facts.
What Applicants Should Remember
A pending green card application can give an applicant a path toward permanent residence, but it does not automatically give permission to work in the United States.
Before accepting a job, applicants should confirm whether they already have valid work-authorized status or whether they need an approved EAD based on Form I-765. They should also be careful before changing employers or traveling outside the United States while Form I-485 is pending.
For many applicants, the safest approach is to check the work, travel, and status rules before making any major decision during the waiting period.