Navigating the path to obtaining a green card in the United States can be both an exciting and daunting experience, filled with its fair share of questions and uncertainties. One of the most common questions for applicants is whether they can work in the US while their green card (officially known as a Permanent Resident Card) application is under review. Understanding the rules and available options can make a huge difference in managing life during this transition period.
Understanding Green Card Applications and Work Authorization
When you apply for a green card, your eligibility to work in the US doesn’t automatically kick in—you’ll need proper authorization. The key legal term to know here is the Employment Authorization Document (EAD), often called a work permit. This document allows you to legally work in the U.S. while your green card application is pending.
How Can I Obtain a Work Permit?
In most cases, if you have a pending green card application and you’re already in the United States, you can apply for an EAD. Let’s break it down:
1. Concurrent Filing with Form I-485: Many applicants submit Form I-485, the Application to Register Permanent Residence or Adjust Status, when they apply for their green card. Alongside, you can file Form I-765, Application for Employment Authorization. This is the form to request your work permit.
2. Expect Processing Times: The processing time for a work permit can vary, but it typically takes around 5 to 7 months. During this time, it’s crucial to continue any lawful activities that were allowed under your current visa status before engaging in employment based on an EAD.
3. Notification and Usage: Once approved, you will receive the EAD card, which serves as proof of your eligibility to work in the U.S. Show this to your employer to verify your employment eligibility.
Common Pitfalls and Considerations
Let’s look at a few scenarios that might affect your ability to work:
- Tourist Visa Holders: If you’re on a tourist visa like a B-1/B-2, you can’t just start working. Even if you have filed for a green card, working without the EAD will violate your tourist visa terms.
- Student Visas (F-1): As an F-1 student, you may already have the ability to work on-campus or through specific programs like OPT (Optional Practical Training), which might provide interim work options. However, working outside these bounds can cause issues, even if a green card application is pending.
- H-1B Visa Holders: If you’re on an H-1B work visa, you can continue working for your current employer while your green card application is being processed.
Practical Tips
1. Stay Legal: Always ensure that your employment status aligns with your visa or EAD approvals. Violating work terms can jeopardize your immigration status and future in the U.S.
2. Plan Around Processing Times: Understand and keep track of the processing times for both your green card and EAD applications. This helps in better planning your finances and employment steps.
3. Consult an Expert: Immigration law can be complex, and seeking advice from an immigration lawyer can provide clarity tailored to your specific situation.
4. Keep All Documents Handy: Efficiently maintain records of your application forms, notifications, and any correspondences with immigration services. This not only helps in case of disputes but also in tracking forms and deadlines.
5. Update Employers: If you’re employed, keep your employer informed about your work authorization status to avoid misunderstandings or lapses that could affect your job and visa standing.
Receiving a green card and the eligibility to work legally in the U.S. can be life-changing, offering both stability and new opportunities. By understanding and adhering to the rules around work authorization while your application processes, you can make this transition period a productive and legally compliant one.
