Can You Work While Your Marriage Green Card Is Pending?

If you filed for a marriage-based green card through Adjustment of Status (Form I-485), you should be eligible to work while your case is pending. However, whether you can legally work depends on your current immigration status and whether you obtain an Employment Authorization Document (EAD).

You generally need an approved Employment Authorization Document (EAD) before working unless you already have valid work authorization under another status. For example, someone on an H-1B visa can work even while their I-485 is pending. As that is not true for every applicant, many marriage-based applicants file Form I-765 together with Form I-485 to obtain work authorization while the case is pending.

Adjustment of Status applicants may request employment authorization by filing Form I-765. Once approved, USCIS issues an Employment Authorization Document (EAD), which allows you to work lawfully in the United States while your marriage green card application is pending.

In many cases, USCIS issues a “combo card” that includes both employment authorization and Advance Parole for travel.

Not necessarily. If you are maintaining valid nonimmigrant status with work authorization (such as certain H-1B holders), you may continue working under that status while your marriage-based Adjustment of Status is pending.

However, if you entered as a visitor, student without OPT, or overstayed without work authorization, you generally must wait for an approved EAD before beginning employment. Also, if you do not have a social security number, you will need an EAD to get one. And many states will not issue a driver’s license if you do not have proof of work authorization.

Marriage-based applicants who are immediate relatives of U.S. citizens are generally forgiven for certain unauthorized employment and status violations when applying for Adjustment of Status.

However, this forgiveness does not eliminate other potential issues such as misrepresentation or criminal concerns. For related risks, see:

• Fraud and Misrepresentation
• Criminal Inadmissibility

If you are working under an EAD issued through Adjustment of Status, you may generally change employers without filing a new petition. The work authorization is not employer-specific.

If you are maintaining H-1B status instead, different rules apply. You would need to file a new H-1B to switch employers. An EAD frees you from that obligation and, once you have an EAD, you can work anywhere. One concern or consideration though, is maintaining status through the adjustment of status interview. You may want to do that in the event you are not approved quickly, or there is an issue with the case. If you are in lawful status not reliant on the pending I-485, USCIS should not refer you to removal proceedings for not having lawful status, even if they deny your case.

Processing times vary. Many applicants receive work authorization several months after filing, but timing can change based on USCIS workload.

For broader timeline context, see Marriage Green Card Timeline.