Waiting for a green card can be a long process. Whether you’re adjusting your status from inside the U.S. or applying from abroad, the wait can stretch from months to over a year. During that time, one of the most common questions we hear is: “Can I work while my green card is pending?”
The short answer? It depends. Your eligibility to work legally in the U.S. while waiting for permanent residency depends on your current immigration status, the specific green card pathway you’re on, and whether you’ve secured a valid work permit.
Let’s break down what you need to know—and how to stay both compliant and confident while you wait.
The Employment Authorization Document (EAD) is the official card issued by USCIS that allows you to work in the U.S. while your green card application is pending. It’s one of the most common solutions for people who don’t already have a visa that allows work.
You must apply for your EAD by filing Form I-765, ideally at the same time as your Form I-485 (Adjustment of Status).
Having an EAD gives you the ability to:
Learn more about how we support the immigration process.
If you’re already in the U.S. on a work-based visa, you may not need an EAD. People in the following categories often have work authorization already:
However, if you’re applying for a green card through marriage, asylum, or family sponsorship—and you don’t already have a visa that permits work—you’ll likely need to apply for an EAD.
Learn more about applying for temporary visas or E-2 investor visas with Brudner Law in California.
Once you file Form I-765, you’re typically looking at a 3 to 6 month wait for processing, though timelines can vary depending on your service center.
Important: You cannot begin working until you physically receive your EAD in the mail. Even if your green card application is underway, working before your EAD is issued could seriously jeopardize your status.
To avoid delays, file Form I-765 alongside your I-485 whenever possible.
Check current USCIS EAD processing times here.
Unauthorized employment—even just a short stint—can cause major problems for your green card case:
Employers can also face legal consequences for hiring someone without work authorization. If you’ve already worked without an EAD, don’t panic, but you should speak with an immigration attorney before moving forward.
We help clients address past immigration issues before they cause denials.
The best time to apply for your work permit is when you submit your green card application. Here’s how the process works:
Once your EAD arrives, you can begin working legally and start applying for jobs without worrying about sponsorship or unauthorized status.
Need help applying for an EAD or green card? Talk to a Brudner Law attorney.
Yes, but it’s faster and more efficient to file it with your I-485. That way, your processing timelines stay aligned.
No. You must wait until you receive your approved EAD in hand. Starting work before that is considered unauthorized.
You may need to file for a renewal, which can take several months. In some cases, automatic extensions apply but this varies by category, so check with your attorney.
It’s absolutely possible to work while your green card is pending, but only with the right documentation in place. Applying for an EAD gives you peace of mind, job flexibility, and legal protection as your application moves forward.
At Brudner Law, we help clients across Orange County and beyond secure work permits while waiting for green cards, navigate complex timelines, and avoid costly mistakes.
If you’re unsure about your eligibility or need help applying for an EAD, contact us today. Our team is here to guide you every step of the way so your green card journey doesn’t put your career on hold.
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