While my Green Card application is pending, am I allowed to work?

Frequently Asked Questions

Basics of Work Permits

While your family-based green card application (Form I-485) is being processed, and if you presently reside in the United States and want to work for a U.S. company, you must get a work permit first. If you reside overseas, you cannot apply for a work permit.

Before and after applying for a work visa, there are other aspects to take into account. Read on for answers to some frequently asked questions.

I reside in the United States and am a relative of a citizen or holder of a green card in America. When will I be able to start working if my adjustment of status is pending?

While your green card application is being processed, you are still permitted to work in the US if you already have a valid work visa, such as an H-1B or L-1. If not, you must first get a work permit, also known as an "Employment Authorization Document" (EAD), to begin employment in the United States.

The work permit application is often submitted together with the original green card application package for relatives of Americans.

However, family members of permanent residents must first apply for adjustment of status and then apply for an EAD.

How much time will the work permit take to arrive?

After U.S. Citizenship and Immigration Services (USCIS) receives your work permit application, it typically takes five months — but sometimes it might take up to seven months — for your work permit to be issued. (Up until recently, a work visa application would typically take 90 days to complete; however, a mounting backlog has resulted in further delays. On the USCIS website, you may check the most recent processing timeframes, which are updated periodically.)

Remember that you can't apply for a work permit until the green card application has been submitted (Form I-485). Keep in mind that if the Petitioner is a green card holder and not a US Citizen, the F2A category must be current before the Form I-485 can be filed because a visa number must be available. Family members of U.S. citizens, however, may submit their work permit applications together with the first application package that contains the I-485 without having to wait for a visa number.

Can a family member who is a citizen of the United States apply for a work visa on my behalf?

No, your family member cannot apply for a work visa on your behalf. The Form I-765 for a work permit must be signed by you, the family member applying for a green card.

What paperwork must I provide with my work permit application?

To apply for a work visa, you'll need to provide several travel papers. Your I-94 travel record (if available) and past work permits are the two most significant of the documents needed (if any). If you haven't already received a work permit, you'll need further proof of identity.

How much does it cost to submit a work permit application?

The work permit fee is actually included in the Form I-485 fee. Even subsequent renewals of the work permit do not have a USCIS filing fee.

After you retain our services, we convert all the necessary government paperwork, including the work permit application, into short online questionnaires that you can complete in under two hours.

Employment in the United States

If my work permit is issued, what kind of work opportunities am I able to accept?

The sort of job that is permitted is not limited by the work permit that is associated with a family-based green card application. You are free to take any otherwise lawful job with this work permit.

If my work visa is issued, how many hours am I allowed to work?

A work permit connected to a family-based green card application allows you to work as much as you like, whether it be full- or part-time. The amount of hours you may work is unconstrained.

After my application for a green card is accepted, what happens to my work permit?

Your work permit will expire whenever USCIS grants your request for a green card. You won't need a different work permit if you become a permanent resident. Even before your actual green card shows up, you will be permitted to work in the country.

Working While Abroad

Can I apply for a U.S. work permit and a green card from my native country?

While residing overseas, you can apply for a green card but not a work permit for the United States. Only relatives of U.S. citizens and green card holders who submit their green card applications from inside the United States are eligible for work permits.

If you currently reside outside of the country, you cannot take any employment in the United States until your green card application has been approved.

Can I file for a work visa and a green card in the US, then go back to my home country to find employment while I wait?

Once you file for an adjustment of status, you cannot leave the U.S. (unless you aren on an H-1B visa or an L-1 visa) otherwise your case will be abandoned. In order to leave the U.S. while your adjustment of status case is pending, you must first apply for and be granted travel permission (formally known as an "Advance Parole Travel Document"). USCIS will consider your green card application "abandoned" if you depart the country before your travel permit application is granted.

You cannot return to your home country and start working there until your travel permission has been issued. By the time your travel permit is authorized, however, you will have the option of traveling and working overseas or continuing to work in the United States with an authorized work permit. Applications for both a work permit and a travel permit are typically processed in approximately five months, however, they may take up to seven months.

If you are a relative of a citizen of the United States, these applications for the work permit and travel authorization are included in the same filing package as the green card application for adjustment of status.

Over the years, we at Khunkhun Law have helped countless  individuals obtain and keep their Green Cards. Retaining one of our attorneys will ensure that your case is in the right hands, as we offer a customized approach to each case. Feel free to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation.