You can work in the United States while waiting for a green card, but only with authorization already in hand. If you hold a valid nonimmigrant work visa such as an H-1B, L-1, or O-1, you can keep working for your sponsoring employer under that visa’s terms. Everyone else adjusting status from inside the country needs an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS) before starting any job. Applicants going through consular processing abroad cannot get a U.S. work permit while they wait; they must enter as permanent residents first.<\/p>\n
Once you file Form I-485 to adjust your status, you have two possible sources of work authorization.<\/p>\n
The first is any nonimmigrant work visa you already hold. An H-1B, L-1, or O-1 continues to authorize employment with the sponsoring employer while the I-485 is pending. You do not need anything else to keep that job.<\/p>\n
The second is the EAD, a photo ID card issued by USCIS that proves you can work. Unlike a sponsored visa, it is not tied to one employer. With an EAD you can work for virtually any employer, or for yourself. You become eligible to apply for one as soon as your I-485 is filed.<\/p>\n
Many people with a valid H-1B or L-1 apply for an EAD anyway, as a backup in case they get laid off or want to change employers. Holding the card alongside your visa causes no problem by itself. Using it is a different matter, and the consequences are covered further down.<\/p>\n
You apply on Form I-765, Application for Employment Authorization. It can be filed at the same time as your I-485 or later, while adjustment is pending. The form asks for your full legal name, any other names you have used, your U.S. mailing address, and your Alien Registration Number if one has been assigned.<\/p>\n
Get the eligibility category right. For a pending I-485, the correct code is (c)(9). If you file the I-765 separately from the I-485, include a copy of the Form I-797C receipt notice that USCIS sent when it accepted your adjustment application.<\/p>\n
You will also need to submit:<\/p>\n
USCIS may schedule a biometrics appointment to collect fingerprints and a photograph. Once the application is approved, the card is mailed to you.<\/p>\n
For I-485 applications filed on or after April 1, 2024, the I-765 carries its own separate filing fee rather than being bundled into the adjustment fee. Check the USCIS fee schedule before filing, because amounts change. If you cannot afford the fee, Form I-912 requests a waiver based on receipt of a means-tested benefit, household income at or below 150% of the Federal Poverty Guidelines, or an unexpected financial hardship. Include documentation for whichever category you claim; insufficient evidence is the most common reason waiver requests are rejected.<\/p>\n
Two changes in late 2025 make the current EAD considerably less generous than it used to be, and both make timely renewal essential.<\/p>\n
On December 4, 2025, USCIS reduced the maximum validity period for new and renewal EADs in the (c)(9) adjustment-of-status category from five years to 18 months. This applies to any I-765 that was pending or filed on or after December 5, 2025. If you already received a five-year EAD before that date, it stays valid for its full printed duration.<\/p>\n
Previously, filing a timely renewal I-765 automatically extended your expiring EAD by up to 540 days while USCIS processed the renewal. That safety net is gone. An interim final rule published on October 29, 2025, eliminated automatic extensions for any renewal filed on or after October 30, 2025. The receipt notice you get for a renewal filed after that date states explicitly that it is not evidence of work authorization.<\/p>\n
The practical effect is significant. If your current EAD expires before USCIS approves your renewal, you cannot legally work during the gap. File your renewal well in advance, and consider requesting expedited processing if a lapse would cause real financial hardship.<\/p>\n
If waiting the standard time for your EAD could cause serious harm, you can ask USCIS to speed the case up. Submit the request through your USCIS online account, by calling the USCIS Contact Center, or through the “Ask Emma” chat tool on the USCIS website. You will need your receipt number and supporting documentation.<\/p>\n
USCIS decides expedite requests case by case. The criteria most relevant to EAD applicants are:<\/p>\n
There is no guarantee of approval, and requests without solid documentation are routinely denied.<\/p>\n
You need a Social Security number to work legally, and you can apply for one directly on the I-765. The form includes a section with Social Security Administration questions. Fill it out, and once USCIS approves your work authorization, the SSA will mail your Social Security card separately to the address on your application. Expect it within about two weeks of receiving your EAD. If it has not arrived after 14 days, contact your local Social Security office. Handling it through the I-765 saves you a separate trip to an SSA office later.<\/p>\n
Having the EAD in your wallet does not affect your visa status. Using it does. The moment you use the EAD to work for a different employer, your H-1B or L-1 status ends. You still have work authorization, but you shift from being in nonimmigrant status to being in an authorized period of stay based on your pending I-485.<\/p>\n
That distinction has two consequences. First, if your green card application is denied for any reason, you no longer have an H-1B or L-1 to fall back on. Second, you would need advance parole to leave and re-enter the country, whereas H-1B and L-1 holders can travel on their existing visa stamps without advance parole. Immigration attorneys often flag this decision as one to think through carefully.<\/p>\n
Leaving the United States while your I-485 is pending can abandon your green card application entirely unless you have authorization to return. The rule is straightforward: if you depart without an approved advance parole document, USCIS considers your adjustment application abandoned.<\/p>\n
Advance parole is requested on Form I-131, Application for Travel Documents. You can file it with your I-485 or separately while adjustment is pending. A separate filing fee applies for applications filed on or after April 1, 2024.<\/p>\n
The exception is for H-1B and L-1 holders who still have valid status and have not used their EAD. They can travel abroad and re-enter on their existing visa without abandoning the I-485.<\/p>\n
Working without authorization while your green card application is pending is one of the fastest ways to get that application denied. Two provisions of the Immigration and Nationality Act target unauthorized employment:<\/p>\n
Two narrow carve-outs exist. Immediate relatives of U.S. citizens (spouses, parents of adult citizens, and unmarried children under 21) are exempt from both bars. And employment-based applicants can rely on INA 245(k) if their total time out of status, in unauthorized employment, or in violation of visa terms adds up to 180 days or less since their most recent lawful admission. USCIS counts all types of violations together toward that 180-day aggregate.<\/p>\n
The consequences reach beyond the green card itself. Unauthorized employment can contribute to accruing unlawful presence, and if you then leave the country after accumulating more than 180 days of unlawful presence, you can trigger a three-year or ten-year bar on returning. Be upfront about any past unauthorized work on your application. Failing to disclose it and having USCIS find it later makes the problem substantially worse.<\/p>\n","protected":false},"excerpt":{"rendered":"
Learn how working in the US while waiting for a green card works, from work permits and visa status to travel and the risks of unauthorized employment.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-104","post","type-post","status-publish","format-standard","hentry","category-immigration-visas-citizenship","article","has-excerpt","has-avatar","has-author","has-date","has-comment-count","has-category-meta","has-read-more","thumbnail-"],"_links":{"self":[{"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/posts\/104","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fedlaws.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=104"}],"version-history":[{"count":0,"href":"https:\/\/fedlaws.org\/index.php?rest_route=\/wp\/v2\/posts\/104\/revisions"}],"wp:attachment":[{"href":"https:\/\/fedlaws.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=104"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fedlaws.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=104"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fedlaws.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=104"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}