Can I Work in the U.S. While Waiting for My Green Card?

Green cards can take a long time to process. It makes sense that some people would want to work while it is pending. Is it possible to legally work in the U.S. while you are waiting on your Green Card? We will go into more detail about the answer to this question here.

Working in the U.S. While Waiting to Receive Your Green Card

U.S. employers are only legally permitted to hire individuals who are eligible to be employed in the country. Those who qualify to legally work in the U.S. include U.S. citizens, lawful permanent residents (those who hold Green Cards), and immigrants who have been expressly authorized to work in the U.S. by USCIS. For those waiting on their Green Cards, they may fall into the category of immigrants expressly authorized to work in the U.S. by USCIS.

While waiting on your Green Card, there are two possibilities that would allow you to work in the U.S. First, you would be able to continue working if you had a valid nonimmigrant work visa. You see, some people come to the U.S. through employment-based, temporary visas that permit them to work for a certain employer. These are more commonly referred to as work visas and are, generally speaking, renewable. If you came to the U.S. through a work visa and it is still valid, you can continue to legally work in the U.S. while your Green Card is being processed. The guidelines and parameters of your visa will, however, continue to apply and you must adhere to them accordingly.

If you do not currently have a valid work visa, then you may still be able to legally work in the U.S. while your Green Card is pending by applying for an Employment Authorization Document, also known as a “work permit.” To apply for a work permit, you can file the Form I-765, Application for Employment Authorization, at the same time that you apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If you already filed your Form I-485, you are still permitted to file for employment authorization separately. Usually, it will take around 90 days to receive your work permit.

Generally speaking, those applying for a Green Card from within the U.S. are likely to qualify for a work permit while the Green Card application is pending. The process of awaiting permanent residency application processing from within the U.S. is referred to as “adjustment of status.” Unfortunately, however, those applicants who must leave the U.S. to attend a visa interview at a U.S. embassy or consulate abroad do not qualify for work permits.

Immigration Law Attorneys

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x104). You can also visit our Law Firm’s website at www.visaserve.com.