Filing Form I-485, Application to Register Permanent Residence or Adjust Status, is a crucial step for many immigrants seeking lawful permanent resident status (a green card) in the United States. One of the most common questions that applicants ask is: can I work while my I-485 application is pending? Understanding the rights and limitations related to employment during this period is essential to avoid immigration violations and maintain lawful status.
This comprehensive guide will explain the legal framework surrounding employment authorization for I-485 applicants, the process of obtaining work permits, exceptions, and practical advice to help applicants navigate this complex topic. Whether you are newly filing your I-485 or already waiting on a decision, this article will clarify what you need to know about working during your adjustment of status process.
What Is Form I-485 and Its Purpose?
Form I-485 is the application used by foreign nationals physically present in the United States to apply for lawful permanent residence without having to leave the country. This process is often called “adjustment of status.” Once approved, applicants receive a green card, allowing them to live and work permanently in the U.S.
The I-485 application can be based on several categories, such as family sponsorship, employment-based petitions, asylum status, or special immigrant categories. The filing of this form starts a period of waiting that can last months or even years, depending on the applicant’s category and country of origin.
Employment Rights While Your I-485 Is Pending
Are You Automatically Allowed to Work After Filing I-485?
The simple answer is: no. Filing Form I-485 alone does not grant you the automatic right to work in the U.S. You cannot begin employment just because you have submitted your adjustment of status application.
Employment authorization is separate from the adjustment of status application and requires additional steps. Working without proper authorization while your I-485 is pending can jeopardize your application and may have serious immigration consequences.
Employment Authorization Document (EAD) — What Is It?
To work legally while your I-485 application is pending, you need an Employment Authorization Document (EAD), also known as a work permit. This document is issued by the United States Citizenship and Immigration Services (USCIS) and allows noncitizens to work lawfully in the U.S. for a limited period.
The EAD is obtained by filing Form I-765, Application for Employment Authorization. Many I-485 applicants file Form I-765 concurrently with their I-485 or shortly after, to avoid a gap in employment authorization.
How to Apply for an Employment Authorization Document (EAD) with Your I-485
When filing your I-485, you can submit Form I-765 together with it or separately. USCIS allows I-485 applicants to apply for an EAD on the basis of a pending adjustment application under category (c)(9).
Here are the general steps:
- Complete Form I-765 and select category (c)(9) for applicants with pending I-485.
- Submit the form with the required supporting documents and fees (fee waivers may be available in some cases).
- Wait for USCIS to process the application. Processing times vary but generally take 3 to 6 months.
- Upon approval, USCIS will mail the EAD card, which you can use to prove your right to work.
Benefits of Having an EAD While Your I-485 Is Pending
Having an EAD provides peace of mind and legal protection. It allows you to:
- Work for any employer in the U.S. without restrictions.
- Change employers freely without affecting your adjustment application (if your green card category allows it).
- Receive legal proof of employment authorization, avoiding issues with employers or government agencies.
Can You Work Without an EAD While Your I-485 Is Pending?
Generally, No
Without an EAD or other work authorization, you are not permitted to be employed while your I-485 is pending. Employment without proper authorization is considered unauthorized work and can lead to:
- Denial of your I-485 application.
- Possible removal (deportation) proceedings.
- Future inadmissibility or bars to immigration benefits.
Exceptions: Employment Based on Other Valid Visas
There are exceptions where an applicant may be allowed to work based on other valid immigration statuses or work permits, such as:
- H-1B Visa Holders: If you have a valid H-1B visa or other employment-based nonimmigrant status, you may continue working under those terms while your I-485 is pending.
- L-1 Visa Holders: Similar to H-1B, L-1 intracompany transferees can work under their existing status.
- Other Work Visa Holders: Those holding valid work authorizations under other visa categories may continue working legally.
If you do not have such a status, you must obtain an EAD to work legally during the adjustment period.
Advance Parole and Travel While Your I-485 Is Pending
Though this article focuses on employment, it is important to understand travel permission when you have a pending I-485. Many applicants also apply for Advance Parole (Form I-131) to travel abroad while the application is pending.
Traveling without Advance Parole can be considered abandoning your I-485 application, potentially causing denial. Unlike employment, travel is not automatically allowed. USCIS issues a separate travel document for this purpose.
How Long Does It Take to Get an EAD While Your I-485 Is Pending?
Processing times vary widely depending on the applicant’s category, service center workload, and USCIS priorities. Typically, it can take anywhere from 3 to 6 months to receive an EAD after filing Form I-765 based on a pending I-485.
Because of this wait time, many applicants file Form I-765 concurrently with their I-485 to minimize the period without work authorization.
Consequences of Working Without Authorization While Your I-485 Is Pending
It is critical to avoid unauthorized employment because the consequences can be severe, including:
- Denial of your green card application for failure to maintain lawful status.
- Triggering bars to admissibility, such as unlawful presence penalties.
- Potential removal proceedings initiated against you.
- Future difficulty obtaining visas or immigration benefits.
Employers are also legally required to verify work authorization. Working without an EAD can expose you to employer sanctions and complicate your immigration case.
Tips for Maintaining Employment During Your I-485 Process
- File Form I-765 early: Submit your employment authorization application promptly with or soon after your I-485 to avoid gaps in employment.
- Maintain valid nonimmigrant status: If you have an employment-based visa like H-1B or L-1, keep it valid while waiting for your green card.
- Do not work without authorization: Always ensure you have a valid EAD or other work authorization before beginning employment.
- Consult an immigration attorney: If unsure, seek professional advice to avoid mistakes that could jeopardize your status.
Special Cases: Employment Authorization for Certain Categories
Some categories of I-485 applicants may have different rules or additional benefits related to employment authorization:
Asylum Applicants
Applicants who filed for asylum and later apply for adjustment of status may already have an EAD issued on a different basis. They can continue to work with that document until their adjustment EAD arrives.
Employment-Based Adjustment Applicants
Employment-based applicants who are on valid H-1B or other work visas can keep working based on their visa status until their green card is approved or until they receive an EAD.
Family-Based Adjustment Applicants
Spouses and relatives filing family-based I-485 petitions must rely on the EAD (c)(9) category for work authorization unless they hold other valid visas.
How to Check the Status of Your EAD Application
USCIS provides online tools to track your application status:
- Visit the USCIS Case Status Online page.
- Enter your Form I-765 receipt number.
- Review status updates, estimated processing times, and notices.
What to Do If Your EAD Is Delayed or Denied
If your work authorization is delayed beyond normal processing times, consider these options:
- Contact USCIS for case inquiry if processing exceeds normal time frames.
- Seek assistance from your local congressional representative’s office to inquire about delays.
- Consult an immigration attorney to explore legal options.
If your EAD application is denied, you may file a motion to reopen or reconsider, or reapply if appropriate. Do not start working without proper authorization while pursuing these options.
Conclusion
In summary, you cannot legally work in the United States simply because your I-485 adjustment of status application is pending. To work during this period, you must obtain an Employment Authorization Document (EAD) from USCIS by filing Form I-765. The EAD grants you lawful work authorization while waiting for your green card.
Working without an EAD or valid work visa risks severe immigration consequences, including denial of your application and possible removal. Many applicants file their I-765 concurrently with their I-485 to minimize waiting times and maintain lawful employment.
If you are unsure about your work authorization status or how to proceed with your application, it is always best to consult with an experienced immigration attorney. Staying informed and compliant ensures the best chance of success in your journey toward permanent residency.
Related topics:
- How to Check Your Spouse Visa Status: A Comprehensive Guide
- How to Check Your Express Entry Status: A Complete Guide
- How to Check Your U.S. Immigration Record: A Step-by-Step Guide
