Applying for a green card through adjustment of status can be a lengthy process, and many applicants need to continue earning an income while they wait. If you have a pending green card application in Denver, Colorado or Fairfax, Virginia, filing the application itself does not automatically give you permission to work in the United States.
Whether you can legally work depends on whether you already have employment authorization through another immigration status or have received a valid Employment Authorization Document. At Pachuta & Kammerman, we help applicants understand how employment authorization fits into the adjustment of status process and what they should consider before accepting or continuing employment.
Does a Pending Green Card Application Let You Work?
Not by itself.
Filing Form I-485, Application to Register Permanent Residence or Adjust Status, does not automatically provide employment authorization. An applicant must have another legal basis for working in the United States.
Some applicants in Denver or Fairfax already have work authorization through an existing nonimmigrant status. Others may apply for an Employment Authorization Document, commonly called an EAD or work permit, based on their pending adjustment of status application.
Applicants should understand the source of their work authorization and how long it remains valid.
Our adjustment of status immigration attorneys can help determine how employment issues may affect a pending green card case.
What Is an Employment Authorization Document?
An Employment Authorization Document is evidence that U.S. Citizenship and Immigration Services has authorized a noncitizen to work in the United States for a specified period.
Eligible adjustment applicants generally request employment authorization by filing Form I-765.
Once approved, USCIS issues an EAD that identifies the period during which the person is authorized to work. This authorization can give many applicants greater employment flexibility while they wait for a decision on permanent residence.
For a green card applicant in Denver or Fairfax, an EAD can be especially important when the adjustment process takes months or longer.
However, filing the application for an EAD and receiving approval are different events. Applicants should not assume that submitting Form I-765 immediately authorizes them to begin working.
Can You Work While Waiting for Your EAD to Be Approved?
If you do not have another valid form of employment authorization, generally you should not begin working merely because your EAD application is pending.
This distinction can create problems for applicants who mistakenly believe their I-485 receipt notice gives them permission to accept employment.
An applicant in Fairfax, for example, might file an adjustment application and receive confirmation from USCIS that the application is pending. That notice establishes that USCIS received the application, but it is not itself a work permit.
The person would need valid employment authorization from another source before legally beginning employment.
Because unauthorized employment can create immigration consequences, applicants should determine whether they are authorized to work before accepting a job.
What if You Already Have an H-1B or L-1 Visa?
Some employment-based green card applicants already have authorization to work because they maintain a qualifying nonimmigrant status.
For example, an H-1B worker in Denver may continue working for the sponsoring employer under valid H-1B authorization while an adjustment application is pending, assuming the requirements for maintaining that status continue to be met.
Similar considerations may apply to certain L-1 workers and applicants in other employment-authorized classifications.
Maintaining an underlying nonimmigrant status can sometimes provide strategic advantages even after an applicant receives an adjustment-based EAD.
Whether someone should continue relying on an existing status or begin using an EAD is an individualized immigration question. The answer can depend on the person's employment plans, travel needs, immigration history, and basis for adjustment.
Can You Change Jobs After Receiving an EAD?
An adjustment-based EAD can potentially provide more flexibility than work authorization tied to one specific employer.
However, applicants should be cautious about assuming that permission to work means changing jobs cannot affect the underlying green card case.
This is particularly important in employment-based adjustment cases.
Certain employment-based applicants may be able to change jobs or employers after an I-485 has remained pending for the required period if the new position is in the same or a similar occupational classification and other legal requirements are satisfied.
A Denver applicant whose green card case is based on an employer-sponsored position should therefore obtain advice before making a major employment change.
The same applies to applicants in Fairfax. Employment authorization and eligibility for permanent residence are related but distinct issues.
What Happens if Your Work Permit Expires While the Green Card Case Is Pending?
An adjustment of status case can remain pending beyond the validity period of an EAD.
Applicants should monitor the expiration date printed on their employment authorization and plan for renewal when necessary.
In certain categories and circumstances, a timely filed EAD renewal application may qualify for an automatic extension of employment authorization under USCIS rules. Eligibility and the length of an automatic extension depend on the applicable category and current federal requirements.
Because immigration rules and processing policies can change, applicants should verify the requirements that apply when their renewal becomes necessary.
A Denver or Fairfax green card applicant should not wait until the last moment to examine renewal options.
Does a Green Card Interview Affect Your Ability to Work?
Attending an adjustment of status interview does not automatically terminate valid employment authorization.
If an EAD remains valid, an applicant may generally continue relying on that authorization unless something occurs that ends or changes the person's eligibility.
The interview itself focuses on whether the applicant qualifies for adjustment of status. Depending on the case, USCIS may review identity, immigration history, family relationships, employment information, admissibility, and supporting documentation.
Applicants in Fairfax and Denver should bring the requested documents and be prepared to answer questions accurately.
If employment circumstances have changed since filing the application, those changes should be discussed with an immigration attorney when they could affect the basis for adjustment.
Can Unauthorized Employment Hurt a Green Card Application?
It can.
Unauthorized employment may create an adjustment of status problem for some applicants. However, immigration law contains exceptions and special rules that can protect certain categories of applicants.
For example, the consequences may differ depending on whether the case is based on marriage to a U.S. citizen, another family relationship, employment, or a different immigration category.
The applicant's manner of entry and immigration history can also matter.
This is why a person who has already worked without authorization should not assume either that the green card case is automatically doomed or that the unauthorized employment is irrelevant.
An applicant in Denver or Fairfax should provide their attorney with an accurate employment and immigration history so the issue can be evaluated before an interview or final decision.
What Should You Do Before Accepting a Job?
Green card applicants should verify their employment authorization before beginning a new position.
Useful steps include:
- Determine which immigration status or document authorizes you to work
- Check the expiration date of your EAD or other work authorization
- Keep copies of USCIS receipt and approval notices
- File eligible renewal applications in a timely manner
- Determine whether changing employers could affect an employment-based green card case
- Keep accurate records of your employment history
- Obtain legal advice if you previously worked without authorization
Do not rely solely on advice from an employer, friend, or online discussion about whether you are permitted to work. Immigration circumstances can differ significantly between applicants.
Why Employment Changes Require Careful Planning
The adjustment process can involve several overlapping immigration issues.
A person may have a pending I-485, an EAD, an existing nonimmigrant status, an employer-sponsored immigrant petition, and plans to travel internationally. A decision affecting one of these areas can sometimes have consequences for another.
For example, a Fairfax applicant considering a new employer may need to determine whether the change affects the underlying employment-based immigrant petition. A Denver applicant maintaining H-1B status may want to understand the consequences of beginning work under an adjustment-based EAD instead.
Planning before making the change is generally easier than trying to address an immigration problem afterward.
Talk With a Denver or Fairfax Green Card Attorney
You may be able to work while your green card application is pending, but the pending application alone does not automatically authorize employment. You generally need a valid EAD or another immigration status that permits you to work, and employment changes can require additional consideration in some adjustment cases.
If you are dealing with employment questions while pursuing a green card in Denver or Fairfax, our attorneys are here to help. Call us today or connect with us online to schedule a consultation.
