Can I Work in the United States While Waiting for My Green Card?

Waiting for a green card can be a long process, and there’s often confusion about whether it’s legal to work in the United States during this time. The short answer is yes, but only if you have proper authorization. Let’s explore what this means and how you can navigate the process of working in the United States while waiting for a green card.

Is It Legal to Work in the United States While Waiting for a Green Card?

Yes, you can legally work in the United States while waiting for your green card, but you need either a visa that allows you to work or an Employment Authorization Document (EAD), also known as a work permit. Without an EAD, working in the United States could jeopardize your green card application and lead to serious legal consequences.

The good news is that it may be pretty easy for you to get an EAD. In most cases, all you need to do is have your immigration attorney submit an application, along with the required fee. Often, people who apply (provided they qualify) receive an EAD within several months.

After you have your EAD, you’re free to work in the United States. Note that there are some restrictions on what type of work you can do – for example, you can’t work for the government. But in general, an EAD allows you to work for any employer in the United States while waiting for your green card.

Related: Why would the government deny a green card application?

 

How to Apply for an Employment Authorization Document (EAD)

To legally work in the United States while waiting for your green card, you’ll need to apply for an EAD using Form I-765. Here’s how it works:

• Submit Form I-765: This is the application form for the EAD. You can file it together with your green card application or separately if you have already submitted the green card application.
• Provide Supporting Documents: You will need to provide a copy of your Form I-94, two passport-style photos, a copy of your last EAD (if applicable), and a government-issued ID.
• Pay the Filing Fee: There is a fee associated with the EAD application unless you qualify for a fee waiver.
• Wait for Approval: EAD processing times vary. In some cases, it may take a few months, while in others, it may take up to a year.

Tip: It’s a good idea to apply for your EAD early in the green card process to avoid delays in your ability to work in the United States.

What Happens If You Work Without a Permit?

Working in the United States without proper authorization is considered unlawful employment, and it can have serious consequences for your immigration status. Even if your EAD has expired and you continue to work in the United States, you are still breaking the law. It’s important to understand that unauthorized work goes beyond traditional jobs with an employer—it also includes any business activity or freelance work.

 

Examples of Unlawful Employment:

• Running or Managing a Business: Starting a company or handling its daily operations without a valid work permit is illegal.
• Freelance or Gig Work: Offering services online, such as writing, graphic design, or consulting, without authorization is considered unauthorized employment.
• Trading Activities: Engaging in foreign exchange trading (Forex) or other active investments without an EAD is not allowed.

If you work without authorization, you risk severe penalties:

• Green Card Denial: Unauthorized employment can result in USCIS denying your green card application, regardless of whether the work occurred before or after you applied for adjustment of status.
• Deportation and Barred Reentry: You may face removal proceedings and could be banned from reentering the United States in the future. Your visa may also be canceled, making you ineligible for other immigration benefits.

To avoid these risks, always consult an immigration attorney before engaging in any work or business activity while waiting for a green card. Your attorney can help you secure the proper work authorization and guide you through the process safely.

 

Common Questions About Working During The Green Card Application Process

How Long Does It Take to Get an EAD While Waiting For A Green Card (And Is It Worth Applying)?

Processing times for an EAD can vary based on your case. Some applicants receive their EAD within a few months, while others wait up to a year. Depending on how far you are into the green card application process, it may or may not be worth applying. You should talk to your immigration attorney if you’re interested in working while waiting for a green card approval; they can give you case-specific legal advice. Your immigration attorney can provide a better estimate based on your situation.

Do You Need a Social Security Number to Work?

You need a social security number to work in the United States while waiting for a green card. An EAD does not automatically give you a social security number. However, you can apply for one after you have your EAD. You’ll need to fill out an application and submit it to the Social Security Administration.

It’s important to note that you can only get a social security number if you’re legally allowed to work in the United States. If you don’t have an EAD, you won’t be able to get a social security number.

When Does An Employment Authorization Document Expire?

EADs typically last for two years. After that, they can be renewed for 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 in order to prevent a disruption in your employment authorization and maintain your ability to work in the United States while waiting for your green card.

To do so, you will need to file a new Form I-765 and the filing fee, unless you’re approved for a fee waiver. (If your work permit is lost, stolen, or destroyed, you’ll follow the same process).

After Your Green Card Is Approved, Will You Still Need An EAD?

No, once your green card is approved, you no longer need an Employment Authorization Document (EAD). The green card itself serves as proof of your legal right to live and work in the United States permanently. As a green card holder, you have the freedom to work for any employer, start your own business, or even take on multiple jobs without any restrictions related to work authorization.

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 can still legally earn income in the United States, as long as it comes from passive sources rather than active work. Passive income is money earned without direct involvement in a business or job. Here are some examples:

• Interest from Savings Accounts: You can earn interest on money kept in bank savings accounts or certificates of deposit (CDs).
• Stock Market Investments: Dividends and returns from investments in stocks, bonds, and mutual funds are allowed forms of passive income.
• Real Estate Income: If you own rental property, you can collect rental income without violating employment laws.
• Passive Business Investments: You may invest in a private business as a silent partner, provided you do not manage or operate the business.

However, if you want to earn active income, such as wages from a job or profits from running your own business, you must have employment authorization.

Ready to Get Started with Work Authorization or Your Green Card?

Applying for work authorization while waiting for your green card can feel overwhelming, but you don’t have to do it alone. Our team of experienced immigration attorneys can walk you through the process step-by-step, help you avoid common mistakes, and answer any questions about your application or work status.

Don’t risk delays or issues with your case—reach out to us today for a consultation. Our dedicated team is here to help you get the answers and support you need to move forward with confidence. Call now to take the first step!