Family Waiting for Green Card and Work?
The wait for a Green Card can feel long, and if you have a family member who wants to work while their application is pending, it can be confusing to know what they can and can't do. Here's the lowdown:
It All Depends on Their Current Status
Already Here and Able to Work: If your family member is already in the US with a visa that allows work (like an H-1B or L-1), they can keep working under that visa while their I-130 (petition for a Green Card) is being processed.
Here, But No Work Permission: If they're in the US but don't have a work visa, they can't work legally until they get permission.
Applying for a Green Card and Work Authorization:
Good news! If your family member is eligible to adjust their status to a Green Card holder (lawful permanent resident) and has filed Form I-485 (application to adjust status) along with (or after) the I-130, they can apply for work authorization by filing Form I-765 (application for employment authorization). Once approved, they'll receive an Employment Authorization Document (EAD) which lets them work legally while waiting for their Green Card.
What if They're Outside the US?
If your family member is abroad and will apply for an immigrant visa through consular processing (after the I-130 is approved), they won't be able to work in the US until they enter with an immigrant visa and get their Green Card.
How to Get Work Authorization:
There are two ways to apply for an EAD:
File Together (I-130, I-485, and I-765): If your family member is already in the US and eligible for a Green Card, you can file all three forms (I-130, I-485, and I-765) together. This allows them to apply for work authorization while waiting for their Green Card.
File Separately (I-765 Later): If the I-130 is filed first and your family member becomes eligible to file Form I-485 later, they can submit Form I-765 then to apply for an EAD.
Important Things to Remember:
Processing times for EADs can vary, so check the USCIS website for current wait times.
If your family member is here on a work visa, they must maintain that status and follow all visa rules until they get their EAD or Green Card.
Working without authorization can have serious consequences, including being denied future immigration benefits.
Getting Help with Immigration
Immigration law can be complicated, so consider talking to an experienced immigration attorney. They can give specific advice based on your family member's situation and help them navigate the process of obtaining work authorization or a Green Card.