Can You Work While Waiting for Your Green Card?
Understanding employment authorization, Form I-485, Form I-765, work permits, and the rules that apply while a green card application is pending.
You have applied for a green card, but your application is still being processed. Meanwhile, you may have a job opportunity, need to support your family, or want to know whether you can continue working while waiting for a decision.
One of the most common questions during this process is simple: Can I legally work in the United States while waiting for my green card?
The answer depends on your immigration circumstances, the applications you have filed, and whether you already have permission to work.
For many people applying for permanent residence from inside the United States, employment authorization is available while their green card application is pending. But there is an important distinction between applying for a green card, applying for a work permit, and actually being authorized to work.
Understanding that difference can help you make informed decisions about employment and avoid complications in your immigration case.
Can You Work While Your Green Card Application Is Pending?
Yes, in certain circumstances—but a pending green card application does not automatically give you permission to work.
You may be authorized to work if:
- USCIS has approved an Employment Authorization Document (EAD) based on your pending adjustment-of-status application.
- You already hold an immigration status that independently permits employment, and you continue to comply with that status’s requirements.
- You have another valid basis for employment authorization under U.S. immigration law.
For people applying to adjust status to lawful permanent residence, the usual process involves two separate forms: Form I-485 and Form I-765.
The difference between them is important.
Form I-485 vs. Form I-765: What’s the Difference?
Although these forms are frequently submitted together, they serve different purposes.
| Form | Purpose | Does filing it authorize you to work? |
|---|---|---|
| Form I-485 | Application to register permanent residence or adjust status | No, not by itself |
| Form I-765 | Application for employment authorization | No, filing alone does not grant authorization |
| Approved EAD | Evidence of employment authorization for its applicable validity period | Generally yes, subject to applicable conditions |
Form I-485: Applying for Permanent Residence
Form I-485 is used by eligible individuals who are physically present in the United States to apply for adjustment of status to lawful permanent residence.
Applicants may qualify through family relationships, employment-based immigrant categories, or other provisions of immigration law.
While the application is pending, they have not yet become permanent residents merely because USCIS accepted the filing.
A pending I-485 also does not, by itself, establish a new lawful immigration status.
Form I-765: Applying for Permission to Work
Form I-765 allows individuals in qualifying immigration categories to request employment authorization.
Many applicants with a pending I-485 can request an EAD under eligibility category (c)(9).
An eligible applicant may generally file Form I-765 with Form I-485 or submit the work-permit application later while the adjustment application remains pending.
If filing separately, USCIS generally requires evidence of the pending Form I-485, such as the I-485 receipt notice.
However, not every person seeking a green card uses category (c)(9). For example, refugees and individuals already granted asylum generally use different employment-authorization categories.
Official USCIS information: Form I-765, Application for Employment Authorization
When Can You Start Working?
If you need an adjustment-based EAD to work, you generally must wait until USCIS approves your employment authorization and you have acceptable evidence of that authorization.
Submitting Form I-765 does not mean you can begin working immediately.
A receipt notice confirming that USCIS received the application also does not, by itself, grant employment authorization.
Consider this example:
Maria is living in Miami and has properly filed Form I-485 through an eligible family-based immigration process. She also files Form I-765 requesting employment authorization.
While both applications are pending, Maria receives an offer of employment.
If Maria has no other basis for legal employment, she generally cannot begin working simply because her I-485 and I-765 applications were accepted. She must first receive the required authorization.
However, if Maria already holds valid employment authorization through another qualifying immigration category, she may be able to continue working under that authorization, subject to its limitations.
The appropriate answer depends on the person’s existing immigration status and employment eligibility.
What If Only Your Form I-130 Is Pending?
This is an especially important distinction for family-based immigration applicants.
Form I-130, Petition for Alien Relative, is used to establish a qualifying family relationship for immigration purposes.
Filing or obtaining approval of an I-130 petition does not, by itself, authorize the beneficiary to work in the United States.
For example, a U.S. citizen may file Form I-130 for a spouse. Whether that spouse may also file Form I-485 depends on adjustment eligibility, visa availability when relevant, and other legal requirements.
A person with only a pending I-130 generally cannot obtain a category (c)(9) work permit on that basis alone.
Additionally, individuals completing immigrant visa processing at a U.S. embassy or consulate abroad do not generally qualify for an adjustment-based EAD merely because an immigrant petition is pending.
The distinction is straightforward:
- I-130: Establishes a qualifying family relationship.
- I-485: Requests permanent residence through adjustment of status.
- I-765: Requests employment authorization when an eligible category applies.
For more information about family-based immigration, see our Guide to Obtaining a Green Card through Marriage.
How Long Does It Take to Receive a Work Permit While Waiting for a Green Card?
Processing times depend on the type of employment-authorization application, USCIS workload, and the circumstances of the case.
Some applicants receive an EAD before USCIS makes a decision on the green card application. Others may experience longer processing periods.
There is no single processing time that applies to every applicant.
To review current estimates, use the official USCIS Case Processing Times tool.
Select Form I-765 and the appropriate application category to locate the information relevant to your case.
Remember that USCIS processing-time figures describe past adjudications. They are not guaranteed decision dates for individual applications.
You can also monitor your application through USCIS Case Status Online.
Can You Change Jobs While Your Green Card Application Is Pending?
Having an EAD based on a pending I-485 may provide greater flexibility regarding employment than certain employer-specific nonimmigrant classifications.
An adjustment-based EAD generally is not restricted to one employer in the way that some temporary work-authorized classifications are.
However, permission to work and eligibility for a green card are separate legal questions.
For example, an applicant pursuing an employer-sponsored green card may need to preserve a qualifying job offer or satisfy applicable employment-based immigration requirements.
Certain employment-based applicants may qualify for job portability after Form I-485 has been pending for at least 180 days, provided they meet additional requirements, including those involving the same or a similar occupational classification.
Other applicants may have different considerations.
Changing jobs or choosing to work under an adjustment-based EAD may also affect a person’s strategy for maintaining a separate nonimmigrant status.
Before changing employment arrangements, applicants should consider both their current work authorization and the immigration basis supporting their green card applications.
What Happens If Your Work Permit Expires Before Your Green Card Is Approved?
For some adjustment applicants, the I-485 remains pending longer than the validity period of their EAD.
If that happens, eligible applicants can generally apply to renew their employment authorization while the underlying adjustment application remains pending.
However, an important federal rule now affects whether filing a renewal allows someone to continue working after the current EAD expires.
October 2026 Update: DHS Finalizes Restrictions on Automatic EAD Extensions
On October 14, 2026, the Department of Homeland Security published a final rule confirming the elimination of automatic EAD extensions for certain renewal applications.
The underlying restriction first took effect on October 30, 2025.
Under the rule, filing an EAD renewal application on or after October 30, 2025, generally does not automatically extend the expiring EAD or employment authorization under the affected categories.
The final rule did not make additional regulatory changes to the October 2025 restriction.
There are important exceptions:
- Certain eligible renewal applications properly filed before October 30, 2025, may continue to benefit from previously applicable automatic extensions.
- Some extensions are independently authorized by law.
- Certain Temporary Protected Status (TPS) employment documents may be extended under applicable Federal Register notices.
What does this mean for applicants waiting for green cards?
If your employment authorization is based on a pending I-485, you should not assume that submitting a renewal application will automatically permit you to keep working after the expiration date on your existing EAD.
Depending on your individual circumstances, you may need a newly approved EAD or another valid basis for employment authorization to continue working.
An EAD’s expiration also does not automatically mean that the underlying I-485 application has been denied. The two applications serve different purposes.
For the official regulatory details, see:
When Should You Renew Your EAD?
If your green card application remains pending and your current EAD is approaching expiration, review your eligibility for renewal before the document expires.
USCIS generally recommends that eligible renewal applicants file within the applicable renewal window, often up to 180 days before expiration.
Filing earlier does not guarantee approval before your existing authorization expires, and the appropriate timing may depend on your category and current USCIS instructions.
Before submitting a renewal:
- Confirm that your Form I-485 is still pending.
- Identify the correct employment-authorization category.
- Check the expiration date of your current EAD.
- Review the latest Form I-765 edition, instructions, and filing fees.
- Determine whether any separate legal basis allows continued employment.
USCIS filing fees have also changed over time. An I-765 filed in connection with a pending I-485 may have a different fee depending on when the I-485 was filed and other applicable rules.
Always verify the current amount using the official USCIS Fee Schedule.
What Happens to Your Work Authorization When Your Green Card Is Approved?
Once USCIS approves your adjustment-of-status application and you become a lawful permanent resident, you are generally authorized to work in the United States based on that permanent resident status.
You no longer need a separate adjustment-based EAD to establish your underlying eligibility to work.
Your Permanent Resident Card, commonly called a green card, serves as evidence of your permanent resident status and employment authorization. Other acceptable employment-verification documentation may also apply.
An important point: approval of a Form I-765 and approval of a Form I-485 are not the same decision.
Receiving a work permit does not mean USCIS has approved your green card.
Likewise, an individual may become a permanent resident before a separately pending EAD application is completed.
Five Practical Questions to Ask Before Accepting a Job
If your green card application is pending, review the following before beginning new employment:
1. Do I currently have authorization to work?
Identify whether you hold an approved EAD or another immigration status that permits your proposed employment.
2. Has USCIS approved my work permit, or has it only accepted the application?
A receipt notice is not the same as an approval.
3. When does my employment authorization expire?
Do not assume that an EAD renewal automatically extends your authorization.
4. Could taking this job affect the green card application itself?
This question is especially relevant for certain employment-sponsored immigration cases.
5. Do I understand the conditions of my existing immigration status?
A pending adjustment application or approved EAD does not resolve every question about maintaining a separate immigration status, changing employment, or traveling internationally.
Frequently Asked Questions
Can I work while my I-485 is pending without an EAD?
Possibly, if you have another valid basis for employment authorization. For example, certain nonimmigrant classifications permit employment under specified conditions.
Otherwise, merely having a pending I-485 does not authorize employment.
Can I apply for Form I-765 at the same time as Form I-485?
Yes, many eligible adjustment applicants can file Form I-765 with Form I-485. The correct category, supporting documents, fees, and filing procedures depend on the case.
Is my I-765 approval a sign that my green card will be approved?
No. An approved I-765 establishes the employment-authorization benefit granted by USCIS. It does not guarantee approval of the underlying I-485.
If my work permit expires, is my green card application canceled?
Not automatically. An EAD expiration and the adjudication of Form I-485 are separate issues. However, you must still have valid authorization to continue employment, and the ongoing eligibility of your adjustment application must be considered independently.
Can I work for any employer with a category (c)(9) EAD?
A valid adjustment-based EAD generally is not tied to a single employer. Nevertheless, an employment-based green card application may depend on specific job-offer or portability requirements. Applicants should not confuse general employment authorization with the requirements for obtaining permanent residence.
Can I work while waiting for a marriage-based green card?
Many eligible applicants pursuing adjustment of status through marriage may apply for an EAD while Form I-485 is pending.
But the marriage, the filing of Form I-130, and the filing of Form I-485 do not automatically provide work authorization. Another valid basis for employment authorization or the appropriate EAD approval is generally required before employment begins.
Does a pending green card application give me legal immigration status?
Not by itself. A properly filed pending adjustment application may have certain legal consequences concerning authorized stay and eligibility for related benefits, but it does not automatically establish or extend a nonimmigrant status. Individual immigration histories and eligibility rules matter.
Planning Your Employment While Waiting for Permanent Residence
Waiting for a green card can affect important decisions about employment, finances, and family responsibilities.
For applicants in the United States, knowing when employment is legally permitted is as important as understanding the green card process itself.
The key points are:
- A pending green card application does not automatically authorize employment.
- Eligible applicants with a pending I-485 may apply for employment authorization through Form I-765.
- A pending I-765 generally does not authorize employment by itself.
- EAD renewal rules changed in October 2025 and were finalized in October 2026.
- Work authorization and permanent residence eligibility must be evaluated separately.
Martha L. Arias, Esq.
Immigration Law Attorney
Have questions about employment authorization while your green card application is pending?
U.S. Immigration Law Attorney Martha L. Arias, Esq., and her Miami office Arias Villa, PLLC, assists individuals and families with U.S. immigration matters, including adjustment of status and employment-authorization questions. Contact Arias Villa, PLLC to request a consultation today.
Disclaimer: This article is provided for general educational purposes and is not legal advice. Immigration eligibility, employment authorization, deadlines, and filing procedures depend on individual circumstances and the law applicable to each case. Reading this article or contacting Arias Villa, PLLC does not establish an attorney-client relationship.
