Whether you can legally work in the US while waiting for your Green Card will depend on your immigration status, your paperwork and the path you’re on.

Some green card applicants are authorized to work under an existing visa, while others may need to apply for separate work authorization while their adjustment of status is pending. Some, particularly those applying from outside the US, may have to wait until their immigrant visa is issued before they’re authorized to work.

As such, there’s a lot of confusion around this question, and with processing times stretching months or even years, it’s important for applicants to get this right to avoid violating US immigration rules and jeopardizing their green card application.

In this article, we break down who can work, who needs permission and what to expect during the green card process in terms of authorization to work.

 

Who can work while waiting for a Green Card?

 

Whether you can work while waiting for a green card depends on your current immigration status and whether you have valid work authorization during the application process. You can work while your green card is pending in the following three scenarios. First, if you already hold a valid work visa, such as an H-1B, L-1 or O-1, you may continue working under the terms of that visa as long as it remains valid. Or, if you have a valid Employment Authorization Document (EAD) and you applied for a green card from within the United States through adjustment of status, you may request an EAD using Form I-765. Once approved, you can legally work in the US while your green card is being processed. An EAD allows you to work for any employer, not just your original sponsor, once it is issued.

Finally, you can work while your green card is pending if you are applying as the spouse of a US citizen; in which case the EAD application is typically submitted alongside the green card application, allowing you to seek work authorization early in the process.

Conversely, you cannot work legally in the US if you are in the US without a visa that allows employment and have not yet received an approved EAD, or if you are applying for your green card from outside the US and do not yet hold a visa that permits work.

Importanly, working without authorization can lead to serious immigration consequences, including denial of your green card application.

 

Can I work while waiting for an employment-based Green Card?

 

You can typically continue working while your employment-based green card is being processed as long as you maintain valid work authorization during that time.

If you are already in the US on a valid nonimmigrant work visa, such as an H-1B, L-1, or O-1, you are permitted to work under the terms of that visa. You must continue to follow all the visa conditions, including working for the sponsoring employer and in the approved role. Your ability to work is tied to the validity of that visa until your green card is approved.

If you are applying for a green card from within the US (via adjustment of status using Form I-485), you may also choose to apply for an EAD using Form I-765. This provides an extra layer of protection in case your nonimmigrant status expires before your green card is approved.

If you are applying for your green card from outside the US through consular processing, you cannot work in the US until you receive your immigrant visa and enter the country as a permanent resident.

 

Can I work while waiting for Green Card through marriage?

 

If you are applying for a green card through marriage from within the US, whether you can work while waiting for your green card depends on your current immigration status and whether your spouse is a US citizen or a US permanent resident.

If you are already in the US with lawful work authorization, such as on an L-1 or H-1B visa, you may continue to work under the terms of that visa while your green card application is processed. Your existing employment status remains valid, provided you maintain compliance with the visa conditions.

If you do not already have work authorization, you will need to apply for an EAD to lawfully work in the US. The EAD allows you to verify your eligibility to work with a current or prospective employer.

You must be physically present in the US to apply for an EAD. The timing of when you can apply depends on whether your spouse is a US citizen or a green card holder.

If you are married to a US citizen, you can usually apply for an EAD at the same time you file your Form I-485 (Application to Register Permanent Residence or Adjust Status). This is done through a combined application package that includes Form I-130, I-485, I-765 (EAD application), and I-131 (Advance Parole, if applicable).

If you are married to a US green card holder, you cannot file Form I-485 until a visa number becomes available in your category. This often means waiting through the required steps of filing Form I-130 and waiting for your priority date to become current. Only once you are eligible to adjust status can you apply for an EAD. Current USCIS processing times suggest this wait could extend to 24–36 months.

EAD processing times can vary. As of early 2025, USCIS reports that EAD applications (Form I-765) may take up to six months or longer to be processed due to high demand and application backlogs. You cannot work until you receive the approved EAD.

There is no separate filing fee for the I-765 if submitted with the I-485 application. If filed separately, standard filing fees will apply unless a fee waiver is granted.

The I-765 must be completed and signed by the applicant (the foreign national spouse), not the US citizen or permanent resident spouse.

Supporting documents are required for the EAD application, especially if you have never held work authorization before. These may include:

 

• A copy of any previous EAD, if applicable
• A government-issued ID, such as your passport
• A copy of your Form I-94 (arrival/departure record)
• Two passport-style photographs with your name and A-number written on the back
• Proof of payment or documentation of fee waiver, if applicable

 

Applications can be submitted online or by mail. If applying online, supporting documents must still be mailed separately. It is recommended that you keep a complete copy of your application for your own records.

In general, if you are married to a US citizen, the green card process can take approximately 12–18 months. For spouses of US green card holders, the process can extend up to three years or more depending on visa availability and USCIS processing times.

 

Green Card process & work authorization: what to expect

 

For applicants already in the US on a valid work visa (such as H-1B or L-1), you may continue working legally under the conditions of that visa while your green card application is pending. No additional work permit is needed unless your visa is set to expire before your green card is approved.

If you do not have work authorization, you will need to apply for an EAD using Form I-765. This is commonly filed at the same time as your green card application (Form I-485), especially if you are the spouse of a US citizen. Once approved, the EAD allows you to work legally in the US while waiting for your green card.

EAD processing times vary, but it often takes 4 to 6 months or longer, depending on current backlogs. You cannot work until the EAD is approved and issued.

For spouses of US green card holders, the timeline is longer. You must wait for a visa number to become available before filing Form I-485 and applying for a work permit. This can delay work authorization by several months or more.

Once your green card is approved, you are automatically authorized to work in the US without an EAD.

 

Need assistance?

 

For specialist advice and guidance with a US Green Card application, contact our immigration attorneys.

 

FAQs

 

Can I work while my green card application is pending?

You may be able to work if you already have valid work authorization or if you apply for and receive an Employment Authorization Document while your application is processed.

 

What is an Employment Authorization Document?

An Employment Authorization Document or EAD is a card issued by US Citizenship and Immigration Services that proves you are allowed to work in the United States.

 

Can I apply for a work permit while waiting for a green card?

If you are applying for a green card from within the US through adjustment of status, you can usually submit Form I-765 to request a work permit.

 

How long does it take to get a work permit?

EAD processing times vary, but it can take up to six months or longer due to high demand and USCIS backlogs.

 

Is there a fee to apply for a work permit?

There is no additional fee if Form I-765 is filed with Form I-485. If filed separately, fees may apply unless a fee waiver is granted.

 

Can I work while waiting outside the US?

You cannot work in the US unless you are physically present and hold valid work authorization or a visa that allows employment.

 

Can I keep working if I already have a work visa?

If you are in the US on a valid work visa such as H-1B or L-1, you may continue working under the terms of that visa while your green card is processed.

 

What if I work without authorization during the process?

Working without authorization can jeopardize your green card application and may result in denial or other immigration consequences.

 

Can I apply for a work permit if my spouse is a US citizen?

You can submit the work permit application with your green card application if you are married to a US citizen and applying from within the US.

 

Can I get a work permit if my spouse is a green card holder?

You must wait for a visa number to become available before filing Form I-485 and applying for a work permit. This can take several months or longer.

 

Glossary

 

Term	Definition
Green Card	A common term for the US Permanent Resident Card, which allows a noncitizen to live and work permanently in the United States.
Employment Authorization Document (EAD)	A card issued by US Citizenship and Immigration Services that permits a noncitizen to work legally in the United States.
Form I-485	The application to register permanent residence or adjust status for individuals already in the US applying for a green card.
Form I-765	The application used to request an Employment Authorization Document to allow work while a green card is pending.
Adjustment of Status	The process of applying for a green card from within the US without having to leave and apply at a consulate abroad.
Visa Number	A number assigned by the US Department of State indicating the availability of immigrant visas in specific categories.
Priority Date	The date a green card petition is filed, which determines an applicant’s place in line for an immigrant visa.
H-1B Visa	A nonimmigrant visa that allows US employers to hire foreign workers in specialty occupations for a temporary period.
L-1 Visa	A nonimmigrant visa that allows companies to transfer employees from a foreign office to a US office.
USCIS	US Citizenship and Immigration Services, the federal agency that oversees lawful immigration to the United States.