Get a Work Permit While Waiting for Your Green Card

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.

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 about the Employment Authorization Package →

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.

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.