Green card processing takes time, and many applicants face periods when their current work visas are close to expiring. Your ability to keep working depends on your visa type, where you are in the adjustment process, and whether you have received an Employment Authorization Document (EAD). You may work legally once USCIS approves an EAD filed with Form I-765 after you submit Form I-485. Knowing these options helps you avoid employment gaps and stay compliant with immigration rules.
Key Takeaways for Work Eligibility While Waiting for a Green Card
- A green card applicant may work legally by obtaining EAD after filing a Form I-485 adjustment of status application.
- EAD processing takes several months at most USCIS service centers, with no premium processing available.
- H-1B and L-1 visa holders may continue working under existing visas but should consider obtaining EADs as backup authorization.
- The automatic 180-day EAD extension ended October 30, 2025. You must now have an unexpired EAD to continue working.
Understanding Green Card Work Authorization Basics
Filing a green card application doesn’t automatically grant work authorization. Adjustment of status applicants filing Form I-485 must separately request Employment Authorization Documents through Form I-765.
The I-485 application creates “pending adjustment of status”—the immigration status of applicants waiting for green card approval while remaining in the United States. This status alone doesn’t authorize employment. Applicants need either a valid nonimmigrant work visa like H-1B or L-1, or EADs obtained through a pending I-485 application.
Bailey & Galyen does not represent clients in employment-based immigration petitions but advises adjustment applicants regarding work authorization.
Who Qualifies for EADs During Green Card Processing?
Several categories of green card applicants may obtain Employment Authorization Documents:
Employment-Based Applicants: Individuals pursuing employment-based green cards—EB-1, EB-2, EB-3, EB-4, EB-5—may apply for EADs once they file I-485 applications. However, timing matters significantly. Employment-based applicants can file I-485 only when immigrant visa numbers are available for their priority dates—the date USCIS received their initial immigrant petitions, which determines their place in line—and categories.
Applicants from countries with backlogs must wait years between filing immigrant petitions and becoming eligible to file I-485. During this waiting period, applicants generally cannot obtain EADs and must maintain valid nonimmigrant work visas.
Family-Based Applicants: Immediate relatives of U.S. citizens—spouses, parents of adult citizens, unmarried minor children—have visa numbers immediately available. These applicants may apply for EADs immediately upon filing I-485. Family preference categories face visa availability waits but may apply for EADs once priority dates become current and they file I-485.
Derivative Family Members: Spouses and unmarried children under 21 of primary green card applicants may apply for their own EADs based on pending I-485 applications. This is particularly significant for H-4 and L-2 dependent spouses who previously had limited work authorization options.
What EADs Allow You to Do
EADs based on pending I-485 applications allow unrestricted employment. EAD holders may work for any employer in any position, hold multiple jobs simultaneously, engage in self-employment, own businesses, or work as independent contractors. This flexibility contrasts sharply with H-1B restrictions, which limit holders to specific employers and approved positions.
How to Apply for Your EAD
Applicants request EADs by filing Form I-765 with USCIS. Required documentation includes copies of I-485 receipt notices, passport biographical pages, previous EADs if any, and two passport-style photographs. Applicants may file I-765 concurrently with I-485 or anytime while I-485 remains pending.
Current EAD Processing Timelines
EAD processing times vary significantly by USCIS service center and current caseloads. Unlike certain employment-based visa petitions, EAD applications don’t offer premium processing options. Applicants cannot pay additional fees to expedite processing.
Expedite Requests for EADs
USCIS only allows expedited requests for EAD applications in limited circumstances. Qualifying situations include:
- Severe financial loss beyond normal job loss or income reduction
- Emergency situations, including serious illness or death of family members
- Humanitarian reasons involving significant hardship
- Nonprofit organization requests on behalf of beneficiaries whose services are urgently needed
- USCIS error causing processing delays beyond normal timeframes
Simply needing to work doesn’t constitute grounds for expedition. Applicants must demonstrate financial hardship beyond normal inconvenience, such as imminent homelessness, inability to pay for critical medical care, or other dire circumstances.
EAD Validity and Renewal Requirements
Initial EADs based on pending I-485 are typically valid for 1-2 years from issuance. USCIS has discretion in setting validity periods. EADs clearly state employment authorization start and end dates.
Working after EAD expiration constitutes unauthorized employment—a serious immigration violation that can result in I-485 denial and future immigration consequences.
When and How to Renew Your EAD
EADs are not self-renewing. Applicants must file new Form I-765 applications to renew expiring EADs. USCIS recommends filing renewal applications early to account for processing delays.
However, EADs cannot be renewed more than 180 days before expiration, creating a narrow filing window. Many applicants file at the 180-day mark to maximize processing time before expiration.
Important Change: Automatic Extension Rule Ended October 30, 2025
Until October 30, 2025, applicants who filed timely EAD renewals were covered by an automatic 180-day extension rule that allowed continued work authorization while renewals remained pending. However, this rule ended as of October 30, 2025.
You must now have an unexpired EAD in hand to continue working once your previous EAD expires, unless another status authorizes employment. This makes timely EAD renewals and monitoring application processing times even more important. Applicants should file renewals at the earliest possible date—180 days before expiration—and closely track processing times to avoid work authorization gaps.
Given current 3-7 month processing times, some applicants may face periods without work authorization between EAD expiration and renewal approval. During these gaps, applicants cannot work legally unless they maintain valid H-1B, L-1, or other work-authorized status.
Working With H-1B or L-1 Status During Green Card Processing
Green card applicants with valid H-1B or L-1 status don’t necessarily need EADs. They can continue working under their nonimmigrant visas for the same sponsoring employers. Many employment-based green card applicants maintain H-1B or L-1 status even after filing Form I-485 as a backup authorization in case the I-485 processing encounters problems.
Advantages and Risks of Maintaining Dual Authorization
Maintaining dual authorization—nonimmigrant visa plus EAD—provides flexibility and security. However, once H-1B or L-1 holders use EADs to work or use advance parole for international travel, they generally abandon their nonimmigrant statuses.
If I-485 applications are later denied, applicants who used EADs no longer have valid nonimmigrant status to fall back on and must leave the United States. This creates risk—EADs provide employment flexibility but eliminate safety nets.
Strategic Decisions About EAD Use
Many immigration attorneys counsel H-1B and L-1 holders with pending I-485s to obtain EADs but not use them unless necessary. This strategy may maintain their nonimmigrant status as a backup while having EADs ready if needed.
Applicants might activate EADs when they want to change employers, accept promotions with different job descriptions, start businesses, or pursue opportunities incompatible with H-1B or L-1 restrictions.
Work Authorization for Spouses and Children
Dependent spouses and unmarried children under 21 who are derivative beneficiaries on primary applicants’ I-485 applications may apply for their own EADs. Each family member files a separate Form I-765 requesting individual work authorization. Like primary applicants, derivative family members’ EADs allow unrestricted employment.
EADs based on pending I-485 provide unrestricted work authorization regardless of the primary applicants’ visa categories, expanding employment options for dependent spouses.
Travel Considerations With Pending Green Cards
Individuals with pending I-485 applications who travel internationally generally need advance parole documents—Form I-131—to return to the United States. Departing without advance parole typically abandons a pending I-485 application, unless the applicant maintains valid H-1B or L-1 status and reenters using that visa.
H-1B and L-1 Travel Exception
H-1B and L-1 visa holders with a pending I-485 application can travel abroad and return to the U.S. using their valid H-1B or L-1 visas without needing advance parole.
However, it is crucial to note that using advance parole for reentry, even if you hold H-1B or L-1 status, typically terminates your nonimmigrant status.
To preserve nonimmigrant status as a safeguard, H-1B holders should re-enter the U.S. using their H-1B visa rather than advance parole.
Combination EAD and Advance Parole Cards
USCIS often issues combination EAD and advance parole cards containing both work authorization and travel authorization on single documents. These combo cards streamline processes and reduce card-carrying requirements. Applicants who file I-765 and I-131 simultaneously often receive these combo cards rather than separate documents.
Common Problems and Solutions
Several complications frequently arise during the work authorization process while green cards remain pending. Understanding these issues helps applicants plan proactively and respond effectively when problems occur.
EAD Processing Delays
The inability to work is the most frequent issue, often stemming from EAD processing times that exceed expectations. Since the automatic extension rule ended on October 30, 2025, any gap in work authorization between the expiration of an old EAD and the approval of a renewal now presents a serious risk.
Applicants experiencing initial EAD delays have limited recourse; contacting USCIS customer service rarely speeds up a case. However, applicants can submit expedite requests if they meet the necessary qualifying circumstances or contact congressional representatives for casework assistance when appropriate.
Employer Confusion About EADs
Some employers who are unfamiliar with EADs don’t understand that EAD holders are authorized to work. Others may mistakenly believe EADs are temporary work visas requiring sponsorship. Applicants should educate employers using USCIS guidance, potentially involving HR departments or immigration attorneys.
EAD holders have unrestricted employment authorization but must still complete standard I-9 verification using valid documents.
What Happens If Your I-485 Is Denied?
If USCIS denies your I-485 application, all derivative benefits immediately terminate, including EADs and advance parole. Applicants who used EADs and abandoned nonimmigrant status must leave the United States unless they can reinstate other status or file appeals. This risk makes maintaining backup nonimmigrant status valuable when possible.
Texas-Specific Processing Considerations
Most Texas-filed I-485 and I-765 applications are processed at the USCIS Texas Service Center. Processing times at Texas Service Center have historically been moderate—neither the fastest nor slowest among service centers.
Texas applicants should consider consulting local immigration attorneys familiar with regional USCIS practices. Dallas and Houston have immigration attorney communities with extensive green card processing experience.
FAQ for Working While Waiting for a Green Card
How Should I Plan My EAD Renewal Now That the Automatic Extension Ended?
File your renewal application at the earliest possible date—exactly 180 days before your current EAD expires. Track USCIS processing times weekly for your service center to anticipate whether your renewal will arrive before expiration. If processing times suggest your renewal may not arrive before your EAD expires, consider whether you can extend or reinstate H-1B or L-1 status as backup authorization. Some applicants may need to stop working temporarily if their EADs expire before renewals arrive. Consult an immigration attorney immediately if you face potential work authorization gaps.
If My Priority Date Retrogresses After Filing I-485, Does My EAD Remain Valid?
An Employment Authorization Document (EAD) remains valid until its expiration date, even if the priority date retrogresses after filing Form I-485. Priority date retrogression does not automatically cancel an issued EAD or terminate a pending I-485 application.
While a lengthy retrogression might complicate EAD renewal—as USCIS could question continued I-485 eligibility—in most instances, you remain eligible to renew your EAD even during retrogression, provided your I-485 was filed when visa numbers were available. If you experience difficulty renewing your EAD due to retrogression, it is advisable to consult with an immigration attorney.
Can I Use My EAD to Work as an Independent Contractor or Start My Own Business?
Yes, EADs based on pending I-485 applications allow unrestricted employment, including independent contracting, freelancing, consulting, and business ownership. You may work for multiple clients simultaneously, accept short-term projects, or launch your own company. This flexibility distinguishes EADs from H-1B visas, which restrict holders to specific employers and approved positions. However, remember that if your I-485 is denied, your EAD immediately terminates along with any business activities.
Does My Spouse Need Separate Work Authorization or Is It Included With Mine?
Your spouse needs their own separate Employment Authorization Document. If your spouse is a derivative beneficiary on your I-485 application, they must file their own Form I-765 requesting individual work authorization. Each family member—including dependent children over 18—files separate I-765 applications. While the applications are related through your family’s I-485 case, USCIS issues individual EAD cards to each qualifying family member. Your spouse’s EAD processing occurs independently and may have different approval timing than yours.
Get Legal Help With Work Authorization During Green Card Processing
If you’re facing work authorization challenges while your green card application remains pending, contact Bailey & Galyen for a confidential consultation. Call our Bedford office at (817) 345-0580 or contact us online to discuss your case today.
