Many people applying for a green card (lawful permanent residence) wonder whether they can work legally in the United States while their application is pending. Because the green card process can take months or even years, this is one of the most common and important questions immigrants ask.
At Pelton + Balducci, we understand how stressful that waiting period can be. Our Louisiana immigration attorneys regularly help clients understand their rights, secure the right work authorization, and avoid delays or mistakes that could affect their future.
The short answer: Yes, in many cases, you can work in the U.S. while waiting for your green card—but only if you have the right authorization. Below, we explain how it works and what options may be available depending on your situation.
Understanding Work Authorization While Waiting for a Green Card
Before your green card is approved, you must have legal permission to work in the U.S. This permission usually comes from one of two sources:
- An existing visa that includes work authorization, such as an H-1B, L-1, or certain other employment visas.
- An Employment Authorization Document (EAD), commonly called a work permit, which you can apply for while your green card application is pending.
If you don’t fall into either category, you cannot legally work in the United States until your application is approved and you receive your green card.
Talk With a Louisiana Immigration Attorney
Because your eligibility for work authorization depends on your visa type and application stage, it’s important to get advice tailored to your case. At Pelton + Balducci, our Louisiana immigration attorneys help clients understand their rights, avoid unintentional violations, and take the right steps while waiting for permanent residency.
Applying for a Work Permit (EAD)
If you’ve filed your green card application from within the United States (through adjustment of status), you may be eligible to apply for an Employment Authorization Document (EAD).
- To apply, you’ll submit Form I-765 (Application for Employment Authorization) to U.S. Citizenship and Immigration Services (USCIS).
- In most cases, the EAD is processed alongside your green card application (Form I-485).
- Once approved, your EAD card allows you to work for any employer in the U.S. while your case is pending.
An EAD is typically valid for one or two years and can be renewed if your green card application is still in process.
If You Already Have a Work Visa
If you’re already in the U.S. on a visa that allows employment, such as an H-1B (specialty occupation) or L-1 (intra-company transfer), you can continue to work under that visa’s terms while waiting for your green card.
However, your work authorization is tied to your visa status, meaning you can only work for the sponsoring employer or within the authorized role. If your employment ends or your visa expires before your green card is approved, you may need to apply for an EAD or another lawful status to keep working.
If You’re Applying From Outside the U.S.
Applicants completing their green card process through consular processing (outside the U.S.) cannot work in the U.S. until the process is complete and they enter the country as lawful permanent residents. You must wait until your immigrant visa is issued and you have your physical green card in hand before beginning work.
For more information, you can review the Immigrant Visa Process on the U.S. Department of State’s website.
What Happens If You Work Without Authorization?
Working without proper authorization can cause serious problems for your green card case. Unauthorized employment can lead to denial of your application, loss of status, or even removal proceedings.
There are a few exceptions, such as for immediate relatives of U.S. citizens, but these are limited and complex. Before taking any action, it’s best to speak with a trusted immigration lawyer who can review your circumstances and help you avoid mistakes.
Contact Pelton + Balducci Today
At Pelton + Balducci, we have over 50 years of combined experience helping clients navigate employment authorization and green card applications. Whether you’re adjusting status inside the U.S. or applying from abroad, we can help you stay compliant and move your case forward confidently.
Contact us today to schedule a consultation and learn how to protect your right to work while waiting for your green card.
FAQs About Working While Waiting for a Green Card
- Can I work in the U.S. while my green card application is pending?
Yes, if you have valid work authorization. This can come from an existing visa that allows employment (like an H-1B or L-1) or from an Employment Authorization Document (EAD) that you apply for while your green card case is in process. - What is an Employment Authorization Document (EAD)?
An EAD, also called a work permit, is a card issued by U.S. Citizenship and Immigration Services (USCIS) that allows you to work legally in the United States. Most adjustment-of-status applicants can apply for an EAD by submitting Form I-765. - How long does it take to get a work permit while waiting for a green card?
Processing times vary, but most EAD applications take three to six months. You can check the latest timeframes on the USCIS website. - Can I work for any employer once I have my EAD?
Yes. Unlike employment-based visas that restrict you to a single sponsoring employer, an EAD allows you to work for any employer in the U.S. while your green card application is pending. - What happens if I work without authorization?
Working without proper authorization can cause serious immigration problems, including denial of your green card or other penalties. There are a few exceptions for immediate relatives of U.S. citizens, but they are limited. It’s best to speak with a qualified immigration attorney before starting any job. - Can I work if I’m applying for my green card from outside the U.S.?
No. If you’re completing your process through consular processing, you must wait until your immigrant visa is issued and you enter the U.S. as a permanent resident before starting work.
