Can You Work While Waiting for a Green Card?

The ability to work while waiting for a U.S. green card largely depends on the individual's current immigration status and the type of visa they hold. This article will explore various scenarios and provide clarity on the rules and requirements involved.

General Rules for Working Without a Green Card

In most cases, individuals who are waiting for their green card are not automatically permitted to work in the United States. To work legally, they need to obtain a form I-765 work permit, often referred to as an Employment Authorization Document (EAD).

Working as a Green Card Applicant

Green card applicants are generally not allowed to start working in the U.S. until they have a work permit. However, certain exceptions do exist:

H-1B, L-1, F-1 visa holders: Individuals with these types of visas can typically continue working if they have an EAD for pending Administrative Procedure (AOS), such as H-4 EAD or an EAD based on their underlying nonimmigration status (e.g., F-1, H-1B, O-1). Social Security Card: Having a valid Social Security Card is necessary to work legally in the U.S., but it does not grant permission to work if you are waiting for your green card.

Specific Scenarios and Exceptions

Here are a few specific scenarios where individuals can work while their green card application is pending:

Status with Existing Work Visa: If you currently hold a valid work visa such as H-1B or L-1, you can generally continue working in the U.S. even while your green card application is being processed. K-1 Visaholder: Someone who enters the U.S. on a K-1 fiancé(e) visa and subsequently marries can receive an EAD within three months of filing, even before obtaining their green card. This allows them to work legally during the green card processing period. Citizenship Applicants: Those who are already eligible for U.S. citizenship usually have a green card and are therefore eligible to work. However, the employment authorization may need to be renewed if the work permit has expired.

Green Card Application Processing Times

The time required to process a green card can vary widely depending on the category of application. Some common categories and processing times are as follows:

Lawful Permanent Residents (Green Card Holders): These individuals generally have the right to work in the U.S. but may face restrictions if they leave the country. Special Immigrant Visa Holders (e.g., H-1B, L-1): Individuals in these categories may be able to continue working while their green card application is pending. Family-Based Applications: Depending on the priority date, the processing time for family-based applications can range from a few months to decades.

Conclusion

The ability to work while waiting for a green card is highly dependent on your current immigration status and the specific visa you hold. In most cases, an EAD is required, but there are exceptions and special circumstances where individuals can work legally during the green card application process.

For further assistance and detailed information, it is recommended to consult with an immigration attorney or visit the official U.S. Citizenship and Immigration Services (USCIS) website.