Working in the U.S. while Waiting for Green Card

I. How to get a work permit (Employment Authorization Document, EAD)

  1. If the marriage-Green Card applicant possesses a valid work visa (e.g. H-1B or L visa), the applicant may continue working in the United States under the same conditions they received their temporary work visa.
  2. If the marriage-Green Card applicant does not possess a valid work visa, then they must apply for a work permit (Employment Authorization Document, EAD) prior to being allowed to work in the United States.
  • When married to a U.S. citizen, Form I-765 may be filed as part of the marriage-based Green Card application.
  • When married to a U.S. Green Card holder, the applicant must wait until they are cleared to move forward with filing Form I-485 (Application to Register Permanent Residence or Adjust Status) to file Form I-765.

II. What is the wait time for an Employment Authorization Document (EAD)?

III. After receiving a work permit (Employment Authorization Document, EAD), am I restricted to certain types of employment? Hours of employment?

IV. What happens to my work permit (Employment Authorization Document, EAD) once my marriage-based Green Card is approved?

V. Can I apply for a work permit (Employment Authorization Document, EAD) while outside of the United States?

VI. Can I leave the United States after applying for a marriage-based Green Card and a work permit (Employment Authorization Document, EAD)?

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