If you’re applying for a green card from within the United States, you may be wondering: Can I work while waiting for my adjustment of status (AOS) to be approved? The short answer is yes, but only if you have work authorization. In this article, we’ll walk through everything you need to know about employment during the AOS process — including how to apply for a work permit, timelines, legal risks, and tips to avoid delays.
What Is Adjustment of Status?
Adjustment of Status (AOS) is the process of applying for lawful permanent residence (a green card) from inside the U.S. It allows certain noncitizens — such as those married to U.S. citizens or eligible through employment — to apply for a green card without having to leave the country.
When you submit Form I-485 to start the AOS process, you’re typically in a waiting period that can last anywhere from 8 to 20 months depending on your case type and USCIS backlog.
Can You Work During This Period?
You cannot legally work in the U.S. just because you filed Form I-485. You need separate work authorization in the form of an Employment Authorization Document (EAD) — often referred to as a work permit.
How to Get a Work Permit While Your Green Card Is Pending
When you file Form I-485, you’re allowed to also file Form I-765 (Application for Employment Authorization) at the same time — at no additional cost.
Filing Details:
- Form Name: Form I-765
- Fee: $0 if filed with I-485
- Processing Time: 3 to 6 months (subject to change)
- Validity: Typically valid for 1–2 years, and renewable while your AOS is pending
Once approved, you’ll receive a combo card (EAD + Advance Parole) or a standalone EAD that allows you to work for any U.S. employer legally.
What Happens If You Work Without a Work Permit?
Working without authorization is considered unauthorized employment, and it can lead to:
- Denial of your green card
- Removal (deportation) proceedings
- Bars on future immigration benefits
USCIS can access your employment history through tax records and digital verification systems (like E-Verify), so don’t assume they won’t find out.
Exceptions: Who Can Work Without Applying for an EAD?
Some visa categories allow you to keep working while waiting for adjustment of status — without needing to file Form I-765:
✅ H-1B and L-1 Visa Holders
- You can continue working for your sponsoring employer as long as your visa remains valid.
- No need to apply for an EAD unless you want to work elsewhere.
✅ O-1 or E Visas
- Similar rules apply: you can keep working for your current employer if your underlying visa remains active and unexpired.
If you plan to switch employers, you will need an EAD or other legal authorization.
When Should You File Form I-765?
The best time to file is together with your I-485. This helps minimize delays and ensures you’re in line for faster processing. You can also file it afterwards, but it will delay your ability to work.
How Long Does It Take to Receive a Work Permit?
As of mid-2025, USCIS processing times for EADs based on pending I-485 applications typically range between 90 to 180 days. In some cases, delays stretch to 6–8 months, depending on field office workload.
You can track updates on the USCIS Case Processing Times tool.
Tips to Avoid Delays
- File Form I-765 with your I-485 — don’t wait
- Include accurate information — errors can trigger Requests for Evidence (RFEs)
- Use the current version of the form — outdated versions will be rejected
- Submit clear copies of required documents (passport, visa, etc.)
- Track your case status regularly using the USCIS portal
Can You Start a Business While Waiting?
If you have a valid EAD, yes — you can legally start your own business or work as an independent contractor. Without a work permit, though, any self-employment is also considered unauthorized work.
Can You Volunteer?
Yes, but with caution.
You can volunteer for non-profit organizations in roles that would not otherwise be paid jobs. If your “volunteer” role resembles a regular paid position (especially for a private company), it could be considered unauthorized work by USCIS.
FAQs
Can I work while waiting for my marriage-based green card?
Only if you’ve received your EAD. Filing for adjustment alone does not grant work authorization.
Can I apply for a Social Security Number while waiting?
Yes, if your EAD is approved. You can request a Social Security Number on Form I-765.
Do I need to renew my EAD if my green card takes longer than expected?
Yes — you must renew before it expires. USCIS recommends applying for renewal about 4 months before expiration.
Is working under the table safe during AOS?
No — it’s illegal and can jeopardize your green card application.
Summary
While you wait for your green card through adjustment of status, you must apply for and receive a work permit (EAD) to work legally in the U.S. Filing Form I-765 alongside your I-485 is the fastest and safest route to stay employed without risking your immigration future. If you’re not sure about your visa category or work eligibility, always check your current status or consult a legal professional.
