Congratulations on taking the first step towards becoming a permanent resident of the United States by applying for a Green Card! However, one common concern among immigrants is whether they can work in the U.S. while their Green Card application is still pending. In this blog post, we will explore the process of adjusting status, obtaining a Green Card, and the options available to work legally during this waiting period.

Understanding Adjustment of Status

If you are currently in the United States on a nonimmigrant visa (such as an H-1B, L-1, or F-1), you may be eligible to apply for adjustment of status to become a lawful permanent resident (Green Card holder). Adjustment of status allows you to change your nonimmigrant status to immigrant status without leaving the U.S.

Filing Form I-485 for Adjustment of Status

To apply for adjustment of status, you will need to file Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents and applicable fees. Once USCIS receives your application, you will be issued a receipt notice as proof of your pending Green Card application.

The Concept of Employment Authorization Document (EAD)

While your Form I-485 is pending, you may be eligible to apply for an Employment Authorization Document (EAD), commonly known as a work permit. The EAD allows you to work legally in the U.S. while waiting for your Green Card application to be processed.

Filing Form I-765 for Work Permit

To obtain an EAD, you must submit Form I-765, Application for Employment Authorization, to USCIS. It is essential to ensure that you file this form correctly, as any errors or omissions could result in delays in receiving your work permit.

Eligibility for Work Permit

Not everyone who applies for adjustment of status is automatically eligible for an EAD. Generally, you are eligible for a work permit if you meet one of the following criteria:

a. You have a pending Form I-485 application and it has been pending for at least 180 days (with some exceptions).

b. You have an approved Form I-140, Immigrant Petition for Alien Worker.

c. You are in certain eligible visa categories that allow concurrent filing Form I-485 and Form I-765.

Waiting Period for EAD Approval:

After filing Form I-765, the processing time for the EAD can vary, but it typically takes around 3 to 5 months to receive a decision. You can check the USCIS website for the current processing times for EAD applications here.

What if my EAD Expires?

If your EAD expires before you receive a decision on your Green Card application, you must file a renewal application to continue working legally in the U.S. It is crucial to apply for a renewal well in advance of the expiration date to avoid any gaps in employment authorization.

Conclusion

In summary, while your Green Card application is pending, you may be eligible to work in the United States by obtaining an Employment Authorization Document (EAD). Filing Form I-485 for adjustment of status and Form I-765 for a work permit can help you maintain your work status during this waiting period. Remember to follow the guidelines carefully and be patient throughout the process. If you have any doubts or concerns, it is advisable to consult with an immigration attorney who can provide personalized guidance based on your specific situation. Good luck with your Green Card journey!