Can I Work While My Green Card Application is Processing?
If you have a pending application for a green card with U.S. Citizenship and Immigration Services (USCIS), you may be able to work in the U.S. while your application is processing by applying for an Employment Authorization Document (EAD). The EAD proves you’re authorized to work during this time. If you have an application for a green card in progress, you can work while USCIS evaluates your case. Before you can work, though, you will need to apply to USCIS for permission to work, which is to obtain employment authorization.
To get an EAD, file Form I-765, Application for Employment Authorization, with USCIS. You can include it with your green card application or file it later. Once approved, the EAD lets you work legally for any U.S. employer. Processing times vary, so plan for possible delays.
“Can I Work While Waiting for a Green Card Through Marriage?”
Yes, like other green card applications, you can work while waiting for a green card through marriage. You will need to submit Form I-765, Application for Employment Authorization to get approval before beginning work.
“Can I Work While Waiting for Green Card Renewal?” If your green card has expired and you have already filed for renewal, you should still be able to work legally in the United States. USCIS typically issues a receipt notice (Form I-797C, Notice of Action) when you submit your Form I-90 to renew your green card. This receipt notice extends the validity of your expired green card for an additional 12 months, allowing you to continue working and traveling during this period.
However, it’s important to show this receipt notice along with your expired green card as proof of your current status when required by your employer or other authorities. Ensure that you keep track of the progress of your renewal application and follow up with USCIS if you experience unusually long delays.
How Do You Apply for Employment Authorization?
To apply for employment authorization, you will need to file Form I-765, Application for Employment Authorization, along with the appropriate filing fee and necessary documents such as:
- A copy of a government-issued identity document
- Your passport or another travel document
- Two identical passport-style photographs
How Long Does It Take to Get Employment Authorization?
If you haven’t already applied for a green card, be aware that you can file for employment authorization at the same time you file to adjust your status.
Some people also file an application to obtain a travel document (Form I-131, known as advance parole) along with their green card application and employment authorization. This allows them to travel outside of the U.S. while their application is processing.
Be aware, though, that USCIS will process your request for employment authorization before your application for advance parole to reduce your wait time for a decision on your ability to work.
If you want to know how long it may take for USCIS to process your application for employment authorization or any other application for benefits that you file, you can refer to the agency’s online database to check case processing times.
How Do You Prove That You’re Authorized to Work?
If USCIS approves your request for employment authorization, you’ll be issued an Employment Authorization Document (EAD). This card serves as proof of your legal ability to work in the U.S. and includes your photo and other identifying details. Employers will require this document, a green card or proof of citizenship before they can officially hire you.
How Long Will It Take to Receive Your EAD Card?
If you have recently been approved for employment authorization or any other immigration benefit that grants a card, allow 90 days for the card to be issued and arrive. To know if your card was mailed out to you, you can check the USCIS Case Status Online System. If the status shows that it was mailed, USCIS will provide you with a U.S. Postal Service tracking number.
If USCIS mailed your EAD but you never received it, you can create an online inquiry for your undelivered card. You can use the USCIS card inquiry system for any card that you’re supposed to receive from them but didn’t.
When Does an Employment Authorization Document Expire?
EADs typically last for two years. After that, they can be renewed in two-year intervals. If your EAD is about to expire, you should file to renew it within 180 days of the date of its expiration to prevent a disruption in your employment authorization.
The process is similar to applying for an initial EAD, but you will need to submit additional documents, such as a copy of your previous EAD and proof that you are still eligible for employment authorization.
If your EAD was lost, stolen, or damaged, you can request a replacement card by filing Form I-765 with USCIS and paying the appropriate fee. Make sure to include a detailed explanation of why the card needs to be replaced and any supporting documentation.
“Is My EAD Card Valid After My Green Card Application Is Approved?” Your Employment Authorization Document (EAD) is still valid and you can use it until you receive your green card in the mail. Once you receive your green card, am EAD card is no longer necessary. The green card itself serves as proof of your authorization to work in the United States. It provides permanent residency status, which means you won’t need to rely on an EAD as a separate document for employment purposes.
Keep in mind, however, that you should update your employer’s records with your green card information to ensure that they have your most current work authorization on file.
What if You Work Without a Permit?
A person who works for an employer in the U.S. without having a work permit is unlawfully employed. An individual is also considered unlawfully employed if their permit expires and they continue to work. Unlawful employment, however, does not just mean employment with a company. It also pertains to an individual operating a business enterprise of their own.
Unlawful employment includes:
- Creating a business or running its day-to-day operations
- Performing freelance work online
- Engaging in foreign exchange trading (Forex)
If an individual works without having employment authorization, USCIS could bar them from adjusting their status (preventing them from getting a green card)—whether their illegal work is performed before or after they apply to adjust status. The person could also face removal proceedings and become inadmissible for future entry into the United States. It means their visa will be canceled.
Are There Legal Ways to Earn Income Without Having Employment Authorization?
Not having employment authorization does not mean you aren’t permitted to generate income. You are allowed to make passive financial investments, which include assets such as savings accounts that generate returns,as well as investments in stocks and bonds. You are also permitted to become a passive investor in a private enterprise.
If you want the benefit of gainful employment in the U.S. without violating immigration law and incurring the strict penalties that follow, it’s in your best interest to work with an immigration attorney to obtain employment authorization.
Do You Need to Speak to an Attorney About Obtaining Employment Authorization?
If you’ve applied for a green card, or you’re planning to, and you want to obtain employment authorization while your application is in progress, we can help. Call our office today to schedule a consultation. You’ll speak with an experienced Austin immigration attorney who can help you reach your goal.