Working While Waiting for Your Green Card

Can you work in the US while your green card application is pending? It depends on your specific situation. Here's a simplified breakdown by common scenarios:

1. Applying for Adjustment of Status (Form I-485):

  • If you're already in the US and filed Form I-485, you can apply for an Employment Authorization Document (EAD) using Form I-765. Once approved, the EAD allows you to legally work until your green card is finalized.

2. Holding an Employment-Based Visa:

  • If you're in the US on a work visa (like H-1B or L-1) and have filed an employment-based green card petition (Form I-140), you can generally continue working under your existing visa. However, expiring before green card approval might affect your employment.

3. Family-Based Immigrant Visa Applicants:

  • Your work authorization while waiting for a family-based visa depends on your current immigration status. Consult USCIS or an attorney for specific guidance.

4. Refugees and Asylees:

  • Refugees and asylees are generally eligible to work in the US by applying for an EAD through Form I-765.

5. Other Categories (Fiancé(e) Visas/Humanitarian Programs):

  • Certain visa categories, like K-1 fiancé(e) visas or specific humanitarian programs, may have unique work authorization provisions. Research the specifics of your category.

Remember:

  • Eligibility and processes can vary based on your individual situation and visa category.

  • Refer to USCIS guidelines on us immigration consultants for personalized personalized guide in your process.

  • Immigration policies are subject to change. Check the latest information from USCIS or seek legal guidance for the most up-to-date information.