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Green card applicants who apply from inside the United States are generally eligible for employment authorization (work permit). While consular applicants must wait until they arrive in the U.S. with permanent resident status, adjustment of status applicants may obtain an employment authorization document (EAD) and accept work while waiting for U.S. Citizenship and Immigration Services (USCIS) to approve the green card. Since the green card time line can be lengthy, obtaining permission to accept employment with an adjustment of status work permit is a significant benefit.
Table of ContentsAt the time of filing the adjustment of status application (Form I-485), you may concurrently file an application for employment authorization (Form I-765). Even if you did not file at the same time, you can do it later. In fact, adjustment of status applicants may file Form I-765 at any time the I-485 continues to be pending.
Of course, the EAD is no longer necessary once USCIS grants you permanent resident status with a green card. The green card is proof of your status to live and work permanently in the United States.
Certain work visas have restrictions on the type of employment and even the specific employer. However, an employment authorization document is different. There is no restriction on the type of employment allowed. Provided the work is lawful, you can accept the job. You may also work as many hours as you like on a part-time or full-time basis.
If you already have a work visa (such as H-1B), you may continue to work for the same employer or even find a new job. Many immigration attorneys prefer that their clients continue to stay within the terms of their current work visa so that they have a fall back option. In the worst-case scenario, you could continue working for the H-1B employer if the green card was denied. If you abandoned the H-1B job and the green card application was denied, you would no longer be in status and forced to leave the country.
