Navigating the immigration system in the United States can feel like tackling a complex puzzle, especially when you’re waiting for your green card, also known as permanent residency, and considering your employment options. So, can you legally work while your green card application is being processed? Let’s dive in and find out what you can and cannot do during this waiting period.
What is a Green Card and Why Does it Matter?
A green card is your ticket to becoming a lawful permanent resident in the U.S., giving you the right to live and work in the country indefinitely. But what happens if you’re not quite there yet and are waiting for this process to be completed? This period can be a bit stressful, especially if you want to earn a living in the meantime.
Authorization to Work: Employment Authorization Document (EAD)
The key to legally working in the U.S. while your green card application is being processed is something called an Employment Authorization Document or EAD. Sometimes referred to as a “work permit,” this document allows you to legally work while waiting for your green card.
How Do You Get an EAD?When you apply for your green card, you can simultaneously apply for an EAD by filing Form I-765, Application for Employment Authorization. If you’re applying through adjustment of status (by being physically present in the U.S. and filing Form I-485 to change your visa status), you can request an EAD along with your green card application.
Tip: Applying for the EAD concurrently with your green card can save you time and allow you to start working legally as soon as possible. Keep an eye on processing times, which can vary.
Exceptions and Considerations
It’s important to note that not everyone applying for a green card is eligible for an EAD. For example, family-based applicants who entered the U.S. legally on a visa, often qualify, but some other categories, like those on visa overstay, might face restrictions and should seek legal advice.
Additionally, if you’re on a non-immigrant work visa, like an H-1B or L-1, you can continue to work as long as your underlying visa status remains valid. However, if that visa is set to expire before your green card application wraps up, securing an EAD becomes crucial.
Navigating Common Scenarios
Here are a couple of scenarios that might look familiar:
1. John, the Tech Professional: John is on an H-1B visa, and his employer is sponsoring him for a green card. Once his application for adjustment of status is filed, John can apply for an EAD. If his H-1B visa expires before his green card is approved, his EAD will allow him to keep working legally.
2. Maria, the Student Turned Professional: Maria, an international student on an F-1 visa, recently completed her studies and is on Optional Practical Training (OPT). She’s applying for a green card through marriage to a U.S. citizen. Maria should apply for an EAD when she files her Form I-485. The EAD will help her maintain the ability to work once her OPT expires.
Practical Tips for Staying on Track
- Stay Updated: Keep track of the processing times for both your green card and EAD applications on the U.S. Citizenship and Immigration Services (USCIS) website. Processing times can fluctuate based on demand and policy changes.
- Plan Ahead: If you’re nearing the end of your current visa’s validity, plan the timing of your EAD application wisely to avoid any lapses in your employment eligibility.
- Seek Advice: Immigration processes can be complex and vary based on individual circumstances. Consulting with an immigration attorney can provide peace of mind and help address any specific issues you might face.
Being proactive and well-informed can make all the difference as you navigate working in the U.S. while waiting for your green card. With the right approach and resources, you can continue working legally and move smoothly towards achieving permanent residency.
