Work Authorization Options While Awaiting Green Card Approval

Obtaining a green card is a major milestone for individuals seeking permanent residency in the United States, but the process can be lengthy. Understanding the available work authorization options is essential to stay compliant with immigration law and avoid potential complications through the process.

At Corbaci Law, P.C., we help clients understand their employment options during the green card process. Contact us today for assistance in Boston, Massachusetts, and surrounding areas, including Marlborough, and Framingham, where we help manage the legal requirements associated with work authorization while awaiting permanent residency. 

Eligibility for Employment Authorization

Employment Authorization Documents (EADs) are a primary method for green card applicants to work legally in the United States while their applications are pending. Applicants must meet specific criteria set by U.S. Citizenship and Immigration Services (USCIS). Filing for an EAD allows individuals to legally accept positions and support themselves and their families.

Eligibility typically depends on the type of green card application being filed. For instance, applicants adjusting status through family-based petitions, certain employment-based categories, or asylum applications may qualify. USCIS evaluates the underlying petition and supporting documentation to determine whether employment authorization can be granted.

While waiting for approval, applicants may also explore temporary work options that do not require an EAD, such as visa categories permitting employment. Understanding immigration law and which pathways are compatible with your current immigration status is crucial to avoiding unauthorized employment, which could negatively affect your green card application.

Employment Documentation

Submitting an application for an EAD involves completing Form I-765 and providing supporting evidence of eligibility. Applicants must demonstrate that their underlying green card petition is pending or qualifies under an approved category. This documentation includes a copy of the receipt notice for the green card application, proof of current immigration status, and more.

Timely submission of Form I-765 is critical, as processing times can vary depending on USCIS workload and applicant category. While awaiting a decision, it’s important to maintain lawful status to prevent gaps that could complicate your green card petition. At Corbaci Law, P.C., our firm assists clients in compiling accurate and timely applications.

Applicants should also plan for the potential expiration of prior work authorization. Some individuals may already hold an EAD through a different visa category, but that authorization may lapse before the new green card-based EAD is approved. Coordinating timing between existing work authorization and new applications can minimize interruptions in employment.

Categories of Work Authorization

Employment authorization options vary depending on the applicant’s green card or immigration category. Common categories include:

• Family-based: Applicants often become eligible for an Employment Authorization Document (EAD) when filing Form I-485, Application to Register Permanent Residence or Adjust Status. This allows certain family-based applicants to work while their adjustment of status is pending.

• Employment-based: Individuals applying for permanent residency through an employer may qualify for an EAD while waiting for adjustment of status. This provides a legal pathway to work in the U.S. before their green card is finalized.

• Refugee or asylee status: Refugees and asylees typically have broad access to work authorization. They can usually obtain an EAD shortly after their application is approved, allowing them to integrate into the workforce quickly.

• Special categories: Certain applicants with long-delayed visas or pending Deferred Action for Childhood Arrivals (DACA) may also apply for employment authorization under specific rules. These categories ensure that individuals in unique situations have a legal way to work while awaiting resolution of their immigration cases.

Understanding these categories and the specific eligibility requirements for each is essential. Proper knowledge helps maintain lawful employment, prevents gaps in work authorization, and ensures compliance with U.S. immigration regulations.

Maintenance of Interim Employment 

Once approved for an EAD, individuals can accept full-time or part-time positions, switch employers in many cases, and negotiate work conditions in line with U.S. labor laws. It is important to keep copies of all documentation related to employment authorization, including EAD cards, approval notices, and application receipts.

While most EAD holders may freely change employers, employment that was a condition of the underlying petition, such as certain employment-based categories, may require additional documentation or notification to USCIS. Consulting with an experienced immigration law professional like Corbaci Law, P.C. helps prevent inadvertent errors that could jeopardize status.

Maintaining a consistent employment history can also support future applications, such as naturalization or renewal of work authorization. Demonstrating compliance with work authorization rules reinforces an applicant’s credibility and adherence to immigration law standards.

Travel Considerations 

Travel outside the United States during the green card application process can affect work authorization and status. Applicants generally need advance parole or travel authorization to re-enter the U.S. without abandoning their pending application. Traveling without proper documentation may lead to delays, denial of re-entry, or other complications.

Planning travel requires careful timing and coordination with the pending EAD application. At Corbaci Law, P.C. our firm advises clients on how travel plans can align with current immigration law rules while minimizing risks to pending petitions. Staying informed about travel regulations helps applicants continue employment uninterrupted and maintain compliance.

Alternative Work Options

While waiting for an EAD, applicants may explore other legal options for temporary work. Certain visa holders, such as H-1B, L-1, or O-1 visa holders, may have continued authorization to work under their existing status. Contract or consulting arrangements may be permissible if they align with current visa conditions.

Understanding these alternatives requires a review of your visa category and the specific restrictions associated with it. Unauthorized employment can carry serious consequences under immigration law. Your lawyer can evaluate your situation and outline work options that maintain legal compliance.

Employer Responsibilities and Verification

Employers have an obligation to verify that all employees are authorized to work in the United States. This includes reviewing EADs, visas, and other supporting documents. Employers must complete Form I-9 and retain copies in accordance with federal law in accordance with standing immigration law procedures.

Applicants should provide accurate and current documentation to their employers, as discrepancies or expired authorization may lead to employment termination or reporting to USCIS. Maintaining clear communication with human resources and providing updates when work authorization changes is essential. 

Renewal and Expiration of Authorization

EADs are generally issued for a limited period and require renewal before expiration to avoid gaps in employment. The application for renewal must be filed in advance of the expiration date to maintain continuous work authorization. Timely renewal is critical to prevent unauthorized employment and any associated risks to the pending green card application.

Planning renewals requires attention to USCIS processing times, which may vary. Corbaci Law, P.C. assists clients in preparing renewal applications, compiling supporting documentation, and submitting timely requests. Proper management of expiration dates allows applicants to continue employment uninterrupted while maintaining compliance with immigration law.

Your Plan For the Future

Receiving a green card eventually opens the door to unrestricted employment and greater flexibility in career planning. While awaiting approval, it’s important to maintain legal work authorization and follow all applicable rules under immigration law. Planning ahead also helps applicants anticipate employment transitions, renewals, and other logistical matters.

Documenting all work authorization approvals, renewals, and relevant communications can create a clear record for future applications. Demonstrating compliance with employment rules supports credibility. A reliable immigration lawyer helps clients develop a strategy that aligns with long-term goals while staying compliant during the waiting period.

Seek Guidance For Work Authorization Issues

Work authorization while awaiting green card approval requires careful attention to eligibility, documentation, and timing. At Corbaci Law, P.C. in Woburn, Massachusetts, we provide guidance on all aspects of immigration law to help clients maintain lawful employment. We serve clients in Boston, Marlborough, and Framingham, Massachusetts.

Corbaci Law, P.C. can assist with EAD applications, renewals, and related legal considerations. Our firm provides guidance on meeting requirements and avoiding common pitfalls during the application process. Contact us today to discuss your work authorization options and receive personalized guidance on managing employment while your green card application is pending.