When you’re in the process of securing lawful permanent residence in the United States, one of the most common questions that arises is, “Can I work before receiving my green card?” The short answer is yes—but only if you have the proper authorization. In this article, we’ll explore various green card categories, explain employment authorization in detail, and guide you through how to legally work in the U.S. before your green card is approved.
Why It Matters: “Can I work before receiving my green card?” is one of the most pressing concerns for green card applicants who need to support themselves or maintain their career while awaiting permanent resident status.
Different Types of Green Cards
Applying for a green card can has many different paths, but regardless of which path you take, you’ll likely ask yourself, “Can I work before receiving my green card?” Let’s examine the main green card categories to see how each might affect your ability to work beforehand.
Green cards are not one-size-fits-all documents. You might be eligible for permanent residency under one of several broad categories:
- Employment-Based Green Cards (EB series)
- EB-1: Priority workers (e.g., individuals with extraordinary abilities, outstanding professors, researchers).
- EB-2: Professionals with advanced degrees or exceptional ability.
- EB-3: Skilled workers, professionals, and other workers.
- EB-4: Special immigrants (e.g., religious workers, certain international organization employees).
- EB-5: Investors who create jobs in the United States.
- Family-Based Green Cards
While family sponsorship is a common route, it’s only one of many. Family-based applications cover spouses, children, parents, and siblings of U.S. citizens or permanent residents. - Diversity Visa (DV) Lottery
Individuals from countries with low rates of immigration to the U.S. can enter a lottery system to receive a green card. - Asylum or Refugee Adjustments
Those granted asylum or refugee status may later apply for a green card. - Other Special Categories
This includes individuals granted special protections under various humanitarian programs.
Regardless of the category, the process typically involves either Consular Processing (if you’re outside the U.S.) or Adjustment of Status (if you’re inside the U.S.). The method you choose often determines when and how you can legally work before green card approval.
Click here to read more about the different types of green cards.
Why You Need Employment Authorization
If you find yourself asking, “Can I work before receiving my green card?”, the first key to understand is that a pending application does not grant you automatic work privileges. You must secure an EAD or have another valid work status.
A green card grants permanent residency and the right to work without restrictions in the United States. However, you cannot legally work simply because you’ve filed a green card application. You need a valid status that permits employment or an Employment Authorization Document (EAD), issued by the United States Citizenship and Immigration Services (USCIS), until your green card is approved.
Key Points About the EAD (Form I-765):
- If you file for Adjustment of Status (Form I-485), you can often submit Form I-765 (Application for Employment Authorization) at the same time.
- An EAD grants you temporary permission to work while your green card case is pending.
- Processing times vary; some applicants receive their EAD within a few months, while others may wait longer depending on USCIS workload and individual case details.
Can I Work Before Receiving My Green Card Through Consular Processing?
If you’re outside the U.S. and applying through Consular Processing, you generally cannot obtain a U.S.-issued EAD during that time. You must wait until you actually enter the United States as a permanent resident. This means you won’t be able to work in the U.S. prior to receiving your green card, unless you qualify for another non-immigrant work visa (such as H-1B, L-1, or E-2) that allows employment before obtaining permanent resident status.
Can I Work Before Receiving My Green Card Through Adjustment of Status?
If you’re inside the U.S. and filing for Adjustment of Status, you can typically apply for an EAD. This process is often beneficial for those who meet the eligibility criteria because:
- Avoid Unauthorized Employment: Working without the correct authorization can jeopardize your green card application. An EAD lets you legally earn an income.
- Financial Stability: Waiting for a green card can take several months to over a year. Having an EAD can help you support yourself and your family during this period.
- Career Continuity: If you already have a non-immigrant work visa but it’s nearing expiration, applying for an EAD can fill any employment gaps and keep you continuously authorized to work.
How to Apply for Work Authorization
- Determine Eligibility
Not everyone can file for an EAD. Check whether your situation (Adjustment of Status, TPS, DACA, etc.) allows you to apply. - Complete Form I-765
Prepare your application for Employment Authorization. You’ll need to provide documentation proving your identity, current immigration status, and eligibility category. - File Concurrently (If Possible)
When applying for a green card through Adjustment of Status, you may submit Form I-765 along with your Form I-485 (and Form I-131 for Advance Parole, if you wish to travel while your application is pending). - Wait for Processing
You may need to attend a biometrics appointment where USCIS collects your fingerprints and photos. Once approved, USCIS will mail your EAD card. - Renew as Necessary
EADs are typically valid for one or two years. If your green card process is still pending and your EAD is close to expiring, apply for renewal well in advance.
Tips for Staying Compliant
- Avoid Unauthorized Employment: Working without the correct permit can lead to denials or even removal proceedings.
- Stay Informed: USCIS processing times and immigration regulations can change, so regularly check the official USCIS website or consult an attorney.
- Keep Documents Updated: Always ensure your EAD, passport, and I-94 (if applicable) are valid and up to date.
- Consult a Professional: An immigration attorney can help you navigate the best strategy for obtaining employment authorization and applying for your green card efficiently.
Still Wondering, “Can I Work Before Receiving My Green Card?” Here’s the Bottom Line
So, “Can I work before receiving my green card?” The answer largely depends on your current status and whether you can secure an Employment Authorization Document (EAD) through Adjustment of Status—or if you already hold a valid work visa. For those undergoing Consular Processing abroad, you generally must wait until you’re officially a permanent resident unless you qualify for a separate non-immigrant work authorization.
As we’ve seen, the answer to “Can I work before receiving my green card?” depends on whether you can secure an EAD or have a valid work visa. Always consult with an experienced immigration attorney who can help you determine eligibility, expedite paperwork where possible, and keep you informed of any new policy changes. With the right preparation and guidance, you’ll be on the path to lawful permanent residence—and, in many cases, able to work legally in the U.S. before receiving your green card.
If you need help with your green card and obtaining work authorization, contact us today for a free consultation with our experienced immigration attorney.
