Can I work in the U.S. while my green card application is pending? If you are waiting for the U.S. Citizenship and Immigration Services (USCIS) to approve your green card application, you may be able to work in the U.S. with a valid work permit if you are living in the country.
You can determine whether you are able to maintain employment in the U.S. based on several factors. For help with the green card process and other immigration matters, call Cho Immigration Law at 312-853-3088 to speak with a Chicago immigration attorney.
Work Authorization Options While Your Green Card Application Is Pending
A recent year saw about 1.17 million green cards issued to qualifying immigrants. Many of these green card holders qualified to work in the U.S. while awaiting the processing of their applications.
Working while your green card is pending is possible with an Employment Authorization Document (EAD), which will provide you with Form I-766. This document proves that you are authorized to work in the U.S. for a limited amount of time. However, you will not need this document if you are already in the country on a work visa, such as an L-1 or H-1B visa.
To apply for this document, you will need to complete Form I-765, Application for Employment Authorization. To successfully file this form and obtain your EAD, you will need to complete the following key steps:
1. Collect Supporting Documentation
There are multiple documents you will need to support your work permit application, including copies of:
- Your passport
- Your visa
- I-94 travel record, either from a physical or electronic version
- Two two-by-two-inch photos of yourself in a passport style, each with your Alien Registration Number and full name on the back in either ink from a felt-tip pen or pencil
- A USCIS receipt notice regarding a pending marriage-based green card if you are married to an American citizen and applying for a work permit following the submission of your green card application, or if you are currently married to a lawful permanent resident (LPR)
In addition to these documents, individuals who have not previously obtained an EAD will need to provide a national identity document containing a fingerprint, a photograph of the individual, or both, such as a birth certificate or a copy of a passport visa from another country’s consulate.
2. File the Application
The next step is to submit your application with all supporting documentation. You can file Form I-765 either by mail or online.
3. Await a Decision
After submitting the application to USCIS, you will need to wait for the agency to either approve or deny your application. If USCIS approves your application, you will receive your EAD and be able to start or continue working in the U.S. In the event of a denial, you may also opt to appeal the decision.
Understanding Employment Restrictions During the Green Card Process
Generally, unless you have a valid work permit or a work visa, you will be unable to work legally in the U.S. Once you receive your EAD, or if you have an L-1 or H-1B visa, you can lawfully gain employment in the country while awaiting the approval of your green card.
Most EAD applicants will need to wait for around five to seven months before they can receive their work permit. While the average amount of time in these cases is around 90 days, you may need to wait several months if there is a backlog.
What Happens if You Work Without Authorization?
Working without authorization in the U.S. could have serious consequences. For example, individuals working illegally in the U.S. may face removal and deportation, along with a denial of benefits. If the government discovers that you have been working without a formal permit, you may also be inadmissible as an LPR or another type of legal immigrant.
How to Replace an Expired or Lost Work Permit
If your work permit becomes lost or expires at any point, you may be able to renew or replace it by filing the same Form I-765 with the USCIS. If you want to renew your work permit, you will need to do so within about 180 days prior to the permit’s expiration date.
When to Consult an Immigration Lawyer About Working in the U.S.
Whether you want to ensure there are no mistakes on a work permit application or you would like to find out how to speed up the green card process, you may benefit from hiring an immigration lawyer for a work permit.
The following are reasons for working with a green card lawyer when applying for an EAD:
Guidance on Applications
If you’re not sure how to proceed with applying for a work permit, a green card, or another type of immigrant document, an experienced attorney could help you navigate the application process.
For instance, your attorney could indicate the green card cost and what you can expect to spend on the entire application process. Additionally, you will find out what kind of paperwork you will need to complete for a successful application and prepare it, along with all supporting documents.
Ensuring Documents Are Correct
If you need to correct a mistake on a green card or any other documents, an attorney could also help you with this process to receive a corrected replacement.
Preventing Removal and Deportation
In the event you need protection against removal or deportation, an attorney may build a defense against deportation and help ensure you are able to continue living and working in the U.S.
Connect With an Immigration Attorney Today
Need assistance with applying for a work permit? Maybe you need help with other aspects of immigration. In any case, the attorneys here at Cho Immigration Law are here to help. Contact us today to schedule your next consultation with us.
