If you’re in the United States and have submitted a family-based green card application (Form I-485), you might be wondering whether you can work during this waiting period. Your ability to work depends on your specific circumstances, such as whether you already hold a work visa or need to apply for a work permit. Here’s a complete guide on working while your green card application is pending.
Understanding Work Permits: Can You Work While Waiting?
To work in the U.S. while your family-based green card application is in process, you will need a work permit, officially known as an Employment Authorization Document (EAD). If you are currently living outside the U.S., you cannot apply for a work permit until you are in the country.
Key Points About Work Permits
Can I start working while waiting for my green card?
- If you have a valid work visa, such as H-1B or L-1, you can continue to work while awaiting your green card approval. If not, you must apply for an EAD before starting any employment. Relatives of U.S. citizens can apply for the work permit alongside their green card application, while relatives of green card holders must wait until they are eligible to file their application.
How long does it take to receive my work permit?
- Generally, it takes about five to seven months for USCIS to process a work permit application. However, processing times may vary due to backlogs, so it’s wise to check the USCIS website for the latest updates.
Can someone else apply for a work permit on my behalf?
- No, you must personally complete and submit the work permit application (Form I-765). Your U.S. citizen or green card holder relative cannot file it for you.
What documents are needed to apply for a work permit?
- To apply, you’ll need several documents, including Your I-94 travel record (if available)
- Refer to the detailed list of required documents in the EAD application guide.
What is the cost of applying for a work permit?
- The fee for applying for an EAD when filing your green card application (Form I-485) is $260.
Working in the U.S. with a Work Permit
What types of jobs can I take with a work permit?
- The EAD allows you to accept any legal job in the U.S., with no restrictions on job type.
Are there limits on how many hours I can work?
- There are no limitations on the number of hours you can work with an EAD; you can choose to work full-time or part-time as desired.
What happens to my work permit once my green card is approved?
- Your EAD will automatically terminate once your green card is granted, as you will no longer need a separate permit to work in the U.S.
Will unauthorized employment affect my green card application?
- Working without a valid EAD can negatively impact your green card application and may lead to penalties, including bans from re-entering the U.S. However, some exceptions exist, such as for spouses of U.S. citizens.
Working While Living Abroad
Can I apply for a work permit while outside the U.S.?
You can apply for a green card from abroad but cannot request a work permit unless you are physically present in the U.S. Only relatives of U.S. citizens or green card holders who file their applications from within the country can apply for an EAD.
Can I return home to work while waiting for my green card?
If you plan to leave the U.S., obtain an Advance Parole Travel Document before departing; otherwise, USCIS may consider your application abandoned. Once approved, you can return home and work but must decide whether to stay in the U.S. with your approved EAD or travel abroad.
If you’re residing in the U.S. and waiting for your green card approval, applying for a work permit is crucial to continue working legally. Ensure that you follow all necessary steps and submit the required documents promptly to avoid delays. For those living abroad, remember that you’ll need to wait until your green card is approved before working in the U.S. Stay informed about processing times and updates from USCIS to facilitate a smooth application process.
