Get a Work Permit While Waiting for Your Green Card was originally published on CitizenPath.
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 Contents
Work Restrictions for Adjustment Applicants
Required Documents for I-765 Application
Wait Time for an Adjustment of Status Work Permit
Combo Card Includes Advance Parole Travel Authorization
USCIS Fee for EAD Based on Pending I-485
Exception for Asylees and Refugees
At 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.
Work Restrictions for Adjustment Applicants
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.
Required Documents for I-765 Application
In most cases, you’ll need to submit the following documents as part of the request for a work permit as an adjustment of status applicant:
- Form I-765, Application for Employment Authorization
- Copy of government-issued photo identification (i.e. passport)
- Copy of Form I-94 Arrival/Departure Record
- Passport-style photos (2)
- Copy of I-485 receipt notice (only if you previously filed Form I-485)
This is a typical list above. Individuals with special circumstances may require additional evidence. For complete directions that cover your situation, please refer to the USCIS filing instructions or use CitizenPath to prepare your I-765. In addition to your prepared form, CitizenPath provides you with a set of personalized filing instructions so you know what to do for your specific situation. The filing instructions provide a checklist of supporting documents, directions on how to organize your application, and where to mail it. (If you’ve used CitizenPath to prepare your adjustment of status application, you’ll also get a discount.) Learn more >>
Wait Time for an Adjustment of Status Work Permit
As of mid-2025, most adjustment of status applicants receive their EAD within 2 to 3 months of filing Form I-765 with Form I-485. This is the fastest turnaround since 2017, thanks to USCIS efforts to reduce backlogs. However, wait times can vary depending on the service center, case volume, and whether the application is complete.
Once approved, USCIS typically mails the adjustment of status work permit within two weeks. You can track your case status and check estimated timelines on the USCIS Case Processing Times page. While processing continues to improve, it’s important to file early and ensure all supporting documents are correct to avoid delays. Unfortunately, you do need to wait until receiving the EAD before working for a U.S. employer.
Combo Card Includes Advance Parole Travel Authorization
For green card applicants who apply for employment authorization together with an advance parole document, USCIS may issue a “combo card.” It’s a version of the EAD card which contains the words “SERVES AS I-512 ADVANCE PAROLE.” An example of the card is pictured below with a red box around the special notation.
Note: In 2022, USCIS began decoupling Forms I-765 and I-131 in an effort to improve processing times. To improve efficiency and reduce Form I-765 processing times for adjustment applicants, USCIS may decouple Form I-765 from Forms I-131 filed at the same time. When possible, USCIS will adjudicate an applicant’s Form I-765 first. If approved, they will issue an Employment Authorization Document without any notation about advanced parole. USCIS will then adjudicate the Form I-131 separately. If approved, they will issue an advance parole document.
USCIS Fee for EAD Based on Pending I-485
Adjustment of status applicants can request a work permit for a reduced fee of $260 when filing Form I-765. This lower fee is available only to individuals with a pending Form I-485 green card application (or filing concurrently with Form I-485).
It’s an excellent benefit for those waiting on a green card. The EAD allows you to legally work in the United States while your application is under review, often for several months or more. By paying this modest fee, applicants gain valuable flexibility and the ability to earn income during the green card process.
Exception for Asylees and Refugees
Asylees and refugees who file Form I-485 should not request a work permit based on the adjustment of status categories. Instead, individuals granted asylum or refugee status must who have applied to adjust to lawful permanent resident status, must file Form I-765 under category (a)(5) as an asylee or (a)(3) as a refugee. They should not use the (c)(9) or (c)(16) category. These instructions come directly from USCIS. However, there is also a benefit. Applicants in the asylee and refugee categories do not pay any filing fee for the EAD benefit.
Frequently Asked Questions (FAQs)
How long does it take to get a work permit after filing for adjustment of status?
Most applicants receive their adjustment of status work permit within 3 to 6 months of filing Form I-485. The processing time can vary based on USCIS workload and your local field office, but generally, if you filed Form I-765 (Application for Employment Authorization) along with your green card application (Form I-485), you’ll receive your EAD in the mail within that timeframe.
Can I work while waiting for my green card?
You can only work legally if you have a valid work permit (EAD). Filing the adjustment of status application alone does not give you the right to work. You must also file Form I-765 and wait for USCIS to approve it and issue your EAD card before starting any employment.
How do I apply for an adjustment of status work permit?
You may file Form I-765 at any time while Form I-485 is pending to request a work permit. However, it’s best to submit Form I-765 at the same time as Form I-485. When submitting your adjustment of status packet, simply include Form I-765 and required documents in the same envelope. USCIS will process your work permit request as part of your green card case.
Is there a fee to apply for a work permit with Form I-485?
Yes, there is a fee. However, adjustment of status work permit applicants get a reduced filing fee. At the time of writing this article, the fee is $260.
Does the work permit expire if my green card application is still pending?
Yes, your work permit typically expires after 1 or 2 years, and you must renew it if your green card hasn’t arrived. If your adjustment of status process takes longer than the validity of your EAD, you can file a renewal using Form I-765 up to 180 days before it expires.
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