A pending I-130 does not give you a work permit while the I-130 is pending. The I-130 only proves the family relationship between you and your U.S. citizen or permanent resident sponsor; it carries no employment authorization on its own. To get a work permit through this family-based path, you need to also have Form I-485 (adjustment of status) on file, and you request the work permit itself on Form I-765. Whether you can do any of that right now depends on your relationship to the sponsor and whether you are inside the United States.
If you are outside the country, adjustment of status is not available to you. You would wait for the I-130 to be approved and a visa to become available, then go through consular processing at a U.S. embassy. There is no interim work permit in that track.
Who Can File for the Work Permit Now
Your eligibility to file Form I-765 while the I-130 is pending turns on whether you can also file Form I-485. That split runs along one line: immediate relatives versus family preference categories.
Immediate Relatives of U.S. Citizens
Spouses, unmarried children under 21, and parents of U.S. citizens are immediate relatives. There is no annual quota and no waiting line for a visa number, so you can file Form I-485 concurrently with the I-130 and attach Form I-765 to the same package.1U.S. Citizenship and Immigration Services. Filing Form I-765 with Other Forms This concurrent filing is the fastest route to work authorization during a family-based case.
Family Preference Categories
Everyone else falls into a preference category: married children of U.S. citizens, siblings of U.S. citizens, and spouses or children of permanent residents. These categories have annual numerical limits. You cannot file Form I-485, and therefore cannot file Form I-765, until your priority date is current on the State Department’s monthly Visa Bulletin.2U.S. Citizenship and Immigration Services. Visa Availability and Priority Dates Depending on the category and your country of birth, that wait ranges from a few years to more than two decades. During that time, the I-130 alone gives you no basis to apply for a work permit.
USCIS publishes filing charts each month showing whether preference applicants should use the “Final Action Dates” or “Dates for Filing” chart to know when they can submit the I-485.3U.S. Citizenship and Immigration Services. Adjustment of Status Filing Charts from the Visa Bulletin Filing before your date is current results in rejection.
Your Current Immigration Status Still Matters
Even if your relationship category qualifies, your current status can block adjustment. If you entered without inspection or overstayed a visa, adjustment may not be available unless an exception applies. Immediate relatives of U.S. citizens have the broadest exceptions. Anyone on a valid nonimmigrant visa should avoid violating its terms before the I-485 is filed, because falling out of status can complicate or block adjustment for preference applicants.
How the Filing Works
The application involves three forms, sometimes filed at the same time:
- Form I-130, filed by your U.S. citizen or permanent resident sponsor to establish the qualifying relationship.
- Form I-485, filed by you to adjust to permanent resident status. Without a pending I-485, there is no basis for the work permit.
- Form I-765, filed by you under eligibility category (c)(9), which covers applicants with a pending adjustment.1U.S. Citizenship and Immigration Services. Filing Form I-765 with Other Forms
USCIS cross-references information across the three forms. Different addresses, inconsistent dates, or mismatched names can produce delays or a Request for Evidence.
What It Costs
The Form I-765 fee depends on when you filed your I-485. If the I-485 was filed on or after April 1, 2024, the I-765 fee is $260 whether you file on paper or online. If the I-485 was filed between July 30, 2007, and April 1, 2024, and you paid the I-485 fee at that time, there is no additional fee for the I-765.4USCIS. G-1055 Fee Schedule The I-485 itself has its own fee, so check the USCIS fee calculator before filing.5U.S. Citizenship and Immigration Services. Filing Fees Applicants who cannot afford the fees may request a waiver on Form I-912.
What to Submit With Form I-765
The I-765 needs specific supporting evidence:
- A copy of your Form I-94 arrival/departure record (front and back), a printout of your electronic I-94 from CBP, or your passport or travel document.
- Proof of identity. If you have never held an EAD, a copy of a government-issued document with your photo, name, and date of birth, such as a passport. If you have had an EAD, include a copy of the front and back.
- Two identical passport-style color photographs, recently taken.
- Your I-485 receipt notice, showing the adjustment application is on file.
- Relationship evidence supporting the I-130, such as marriage or birth certificates, if not already submitted with the I-485.
6USCIS. Form I-765, Instructions for Application for Employment Authorization7U.S. Citizenship and Immigration Services. Checklist of Required Initial Evidence for Form I-765USCIS may require biometrics at any point to verify identity and run background checks.
How Long the Work Permit Takes, and How Long It Lasts
Processing times for Form I-765 in the (c)(9) adjustment-of-status category currently run roughly six to eight months or more, depending on the USCIS service center handling your case. Timelines shift, so check the USCIS case processing times page for your service center before filing.
USCIS accepts expedite requests, but approval is discretionary and requires documentation. Recognized grounds include severe financial loss (not general inconvenience, but situations like losing critical benefits or an employer having to lay off staff), emergencies or urgent humanitarian situations, government interest, and clear USCIS error. Needing to work, standing alone, does not qualify.8U.S. Citizenship and Immigration Services. Expedite Requests
As of December 5, 2025, USCIS reduced the maximum validity of initial and renewal EADs in the (c)(9) category from five years to 18 months.9U.S. Citizenship and Immigration Services. Policy Alert – Employment Authorization Validity If your adjustment case takes longer than 18 months, and many do, you will need to file a renewal I-765 to keep working.
The automatic 540-day EAD extension that previously covered (c)(9) renewals ended on October 30, 2025. Renewals filed on or after that date do not receive an automatic extension while pending.10U.S. Citizenship and Immigration Services. Automatic Employment Authorization Document (EAD) Extension File your renewal well before your EAD expires to reduce the risk of a gap in work authorization.
Travel While Your Application Is Pending
If you have a pending I-485 and leave the United States without first obtaining advance parole, USCIS treats your adjustment application as abandoned.11U.S. Citizenship and Immigration Services. While Your Green Card Application Is Pending with USCIS Your I-765 goes with it. Do not travel internationally without advance parole in hand.
You request advance parole by filing Form I-131 alongside the I-485 and I-765. USCIS can issue a combo card, a single document that serves as both the EAD and the advance parole travel document. Employers accept it as a List A document on Form I-9.12U.S. Citizenship and Immigration Services. USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants – Questions and Answers
Working Before You Have Authorization
Taking a job without authorization can derail your immigration case. Visitors on B-1/B-2 visas, for example, are prohibited from accepting employment.13U.S. Department of State. Visitor Visa
Federal law carves out a narrow exception. Under 8 U.S.C. § 1255(c)(2), the bar on adjustment of status for unauthorized employment does not apply to immediate relatives of U.S. citizens.14Office of the Law Revision Counsel. 8 USC 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence USCIS applies that exemption to both subsections (c)(2) and (c)(8), protecting immediate relatives regardless of which provision would otherwise apply.15U.S. Citizenship and Immigration Services. Chapter 6 – Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8))
In family preference categories, there is no such exemption. Unauthorized employment can result in denial of both the I-485 and the I-765, and can push you into consular processing abroad. Anyone in a preference category with past unauthorized work should consult an immigration attorney before filing.
Separately, misrepresenting employment history on any immigration form is its own ground of inadmissibility under 8 U.S.C. § 1182(a)(6)(C), and fraud or willful misrepresentation to obtain a visa or immigration benefit can result in a permanent bar.16Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
If the I-485 Is Denied
Under 8 CFR § 274a.14, an EAD terminates automatically in only three situations: it reaches its printed expiration date, exclusion or deportation proceedings are begun against you, or you are granted voluntary departure.17eCFR. 8 CFR 274a.14 – Termination of Employment Authorization Denial of an I-485 is not on that list. USCIS can still revoke your EAD after an I-485 denial by issuing a formal notice of intent to revoke, but that rarely happens in practice. A still-valid EAD is not a long-term answer after a denial; the priority at that point is dealing with the underlying immigration case, and that is a conversation to have with an attorney.