Work Authorization
Last updated: May 2026
Can I Work While My Green Card Application Is Pending?
Yes, but only after a federal work permit card physically arrives at your address. Filing does not equal permission to work. You apply for the work permit (called an Employment Authorization Document, or EAD) on Form I-765 at the same time you file your green card application (Form I-485, Application to Register Permanent Residence or Adjust Status). As of April 2024, USCIS charges $260 for that form. Processing currently runs 4 to 11 months. The EAD card gives you open work authorization: you can work for any employer in the United States.
Start your applicationAt a Glance
| Question | Answer |
|---|---|
| Can I work while I-485 is pending? | Yes, once you receive the EAD card |
| What form do I file? | Form I-765, Application for Employment Authorization |
| When do I file it? | At the same time as the I-485 (concurrent filing recommended) |
| Fee (I-485 filed on/after April 1, 2024) | $260 |
| Fee (I-485 filed before April 1, 2024) | $0 for initial and all renewals |
| How long until the card arrives? | 4 to 11 months (as of May 2026) |
| How long is the card valid? | 18 months for cards issued on applications filed/pending on/after Dec 5, 2025 |
| Can I work on the receipt notice? | No. You need the physical card. |
What the EAD Is
When your marriage-based green card application is pending at USCIS, you are not automatically allowed to work in the United States. You need a separate document: the Employment Authorization Document, or EAD. It is a physical wallet-sized card that proves to any U.S. employer that you are authorized to work. Any job, any employer, full-time or part-time. You do not need a job offer to apply for one.
The EAD is issued under an eligibility category called (c)(9), which covers people with a pending I-485. That category code is printed on the card itself. Some articles call this a “work permit,” which is the plain-English name for the same thing.
How to Get the EAD: Filing Form I-765
File Form I-765 at the same time you send in your I-485 packet. This is called concurrent filing. You include the I-765 in the same mailing, pay the $260 fee, and USCIS processes both.
You can also file I-765 separately after the I-485 is already pending. The form is accepted any time the I-485 is still open. But filing separately means you wait longer for work authorization because the clock on I-765 processing does not start until USCIS receives that form.
What to include with the I-765
- •Completed Form I-765 (download the current edition from uscis.gov/i-765)
- •The $260 filing fee (check, money order, or online payment to U.S. Department of Homeland Security)
- •A copy of your I-485 receipt notice (if filing separately after the I-485 is already pending)
- •Two passport-style photos
- •A copy of your current visa stamp, I-94 record, or other proof of most recent entry
What It Costs
The fee situation changed significantly on April 1, 2024. Before that date, Form I-765 and Form I-131 (the travel permit, called Advance Parole) were free when filed with an I-485. After that date, they are not.
| Form | I-485 filed on/after April 1, 2024 | I-485 filed before April 1, 2024 |
|---|---|---|
| Form I-765 (work permit) | $260 per filing | $0 (initial and all renewals) |
| Form I-131 (travel permit) | $630 per filing | $0 (initial and all renewals) |
| Form I-485 itself | $1,440 | varies (old fee schedule) |
The grandfathering rule is worth knowing: if your I-485 was filed before April 1, 2024, you never pay for EAD or Advance Parole renewals as long as the I-485 remains pending. That benefit follows the I-485 filing date, not the I-765 filing date.
Source: Federal Register Vol. 89 (Jan. 31, 2024 final rule, effective April 1, 2024).
How Long It Takes
As of May 2026, most category (c)(9) filers wait 4 to 11 months from filing date to card arriving by mail. Times vary by service center.
Check uscis.gov/processing-times for current numbers; they update frequently.
| Stage | Typical timing |
|---|---|
| File I-485 + I-765 (and I-131 for travel) | Day 0 |
| Receipt notices arrive | 1 to 4 weeks |
| Biometrics appointment | 4 to 8 weeks |
| I-765 approved; card produced | 4 to 11 months |
| Card arrives by mail | 1 to 2 weeks after production |
| First legal workday | The day the EAD card arrives |
The Work Permit and the Travel Permit Are Now Two Separate Cards
Many older guides talk about a “combo card” that combined the work permit and the travel document on a single card. USCIS stopped issuing those in October 2022. Today, you receive two separate cards on two separate timelines:
- 1.The EAD card (for working in the U.S.). Comes from Form I-765. Typically takes 4 to 11 months.
- 2.The Advance Parole card (for traveling outside the U.S. and returning). Comes from Form I-131. Currently processing in 19 to 23 months as of May 2026.
This matters for two reasons. First, you will likely have your work permit well before you have your travel document. Second, the EAD card alone does not let you re-enter the U.S. after international travel. You need the separate Advance Parole card for that.
If you file Form I-131 at the same time as your I-485 and I-765, the forms are processed separately. Your EAD will arrive first. Do not travel internationally until the Advance Parole card is in your hands.
How Long the EAD Is Valid
For work permit cards issued under applications that were filed or pending on or after December 5, 2025, USCIS issues the card with 18 months of validity.
This is a recent change. USCIS briefly moved to a five-year validity in 2023, then shortened it back to 18 months effective December 5, 2025 (USCIS Policy Alert PA-2025-27). If you already have an EAD card issued before that date, its printed expiration date remains valid. You are not affected by the reduction until your next renewal.
The EAD is valid only while the underlying I-485 is still pending. If your green card is approved, the EAD is no longer needed. If your I-485 is denied, the EAD is terminated.
Renewing the EAD
If your green card has not been issued by the time your EAD is about to expire, file a new Form I-765 to renew it. USCIS recommends filing 180 days (about six months) before the expiration date on your card.
Renewal fee: If your I-485 was filed before April 1, 2024, the renewal is free. If your I-485 was filed on or after April 1, 2024, the renewal costs $260.
What changed in October 2025: no more automatic extension
Before October 30, 2025, people in category (c)(9) who filed a renewal on time could continue working while the renewal was pending. The old card's authorization automatically extended for up to 540 days.
That changed. Under an interim final rule effective October 30, 2025, category (c)(9) applicants who file EAD renewal applications on or after that date no longer receive the automatic extension. Once your card expires, your work authorization expires with it. You cannot work until the new card arrives.
Plan ahead. Filing 180 days before expiration is the right approach, but even that does not guarantee the new card will arrive before the old one runs out. Current processing times run 4 to 11 months. Start the renewal as early as USCIS will accept it.
If you filed your I-485 before April 1, 2024 and filed your EAD renewal before October 30, 2025, you retain the 540-day auto-extension for that specific renewal filing.
What If You Need to Work Before the EAD Arrives?
There is no faster legal path to work authorization for most adjustment of status applicants. Working without authorization before the EAD card is in your hands is an immigration violation. It can directly affect your I-485, because USCIS expects you to maintain lawful presence throughout the process.
One exception applies to a narrow group: if you are currently on a valid H-1B and you are adjusting status from that H-1B, you can continue working for your H-1B-sponsoring employer while the I-485 is pending. This only works if the H-1B is still valid and you are still employed by the sponsoring employer. It does not allow you to change employers or work in any other capacity.
Using the EAD With Your Employer
Your EAD card is a “List A” document for I-9 verification purposes. That means it proves both identity and work authorization on its own. Your employer does not need to see a passport or any other document alongside it.
If your employer uses E-Verify, the EAD card is fully accepted. E-Verify checks the card against USCIS records. Most cases confirm instantly. If you get a tentative non-confirmation (sometimes called a mismatch), you have the right to contest it. Contact USCIS.
When your EAD is renewed, your employer will need to reverify your I-9. That just means they record the new card number and expiration date in Section 3 of the I-9 form. It does not start the I-9 process over.
If the EAD Is Denied
EAD denials are not common for standard marriage-based adjustment of status filers. When they happen, the denial notice will state the reason. Common causes include:
- •Wrong form edition (always download the current version from uscis.gov before filing)
- •Missing signature
- •Missing supporting documents
- •An issue with the underlying I-485 eligibility
If the denial is based on a technical error, you can refile. If it points to an eligibility issue (something about the I-485 itself), consult an immigration attorney before doing anything else. An EAD denial tied to an eligibility issue can signal that the I-485 is also in trouble.
Common Mistakes
- Starting work on the I-485 receipt notice. The receipt notice is not work authorization. The card has to be in your hand.
- Forgetting to include I-765 in the initial packet. You can file it later, but later means you wait longer. Include it at the start.
- Missing the renewal deadline. With EAD processing at 4 to 11 months and no auto-extension for renewals filed after October 2025, a late renewal can leave you unable to work for months.
- Confusing the EAD with the Advance Parole travel document. They are different cards. The EAD lets you work. It does not let you travel internationally and return.
- Leaving the country before the Advance Parole card arrives. Traveling internationally without valid Advance Parole while your I-485 is pending generally causes USCIS to treat the application as abandoned.
Key Takeaways
- •You can work during the green card application process, but only after the EAD card physically arrives. The receipt notice is not enough.
- •File Form I-765 (work permit application) with Form I-485 (green card application). If your I-485 was filed on/after April 1, 2024, the I-765 costs $260.
- •USCIS no longer issues a combined EAD and travel card. You receive two separate cards: the EAD for work and the Advance Parole for travel, on different timelines.
- •For EAD applications filed or pending on/after December 5, 2025, the card is valid for 18 months.
- •The auto-extension that let you keep working while a renewal was pending has been eliminated for category (c)(9) renewals filed on/after October 30, 2025. File renewals 180 days early and plan for the possibility of a gap.
- •Do not travel internationally until the Advance Parole card arrives. Leaving without it generally abandons the green card application.
Frequently Asked Questions
How long does it take to get a work permit after filing I-485?
For most adjustment of status applicants who file Form I-765 at the same time as the I-485, the EAD card typically takes 4 to 11 months to arrive, depending on which USCIS service center handles the case. Check current processing times at uscis.gov/processing-times because the numbers shift every few months.
Can I work on my I-485 receipt notice alone?
No. The receipt notice is not work authorization. You need the actual EAD card before you can legally work. Do not accept employment until the physical card is in your hands.
What does the work permit cost if I filed my green card application after April 2024?
Form I-765 costs $260 when filed with or separately from an I-485 that was filed on or after April 1, 2024. If your I-485 was filed before that date, both the initial I-765 and all renewals are free while the I-485 remains pending.
How long is the EAD valid?
For cards issued under applications filed or pending on or after December 5, 2025, the EAD is valid for 18 months. Cards issued before that date are valid through their printed expiration dates, which may be longer.
Do I need to renew the EAD if my green card is delayed?
Yes, if the EAD expires before your green card is issued. File a new Form I-765 about 180 days before the expiration date. For I-485s filed before April 1, 2024, there is no fee. For I-485s filed after, the renewal costs $260. With auto-extension eliminated for most renewals filed after October 2025, start the renewal as early as USCIS will accept it.
Can my employer use the EAD to run E-Verify?
Yes. The EAD is a List A I-9 document, fully accepted by E-Verify. Present it to your employer as you would any other work authorization document.
What happens if I travel internationally while waiting for my EAD?
Traveling while your I-485 is pending without Advance Parole generally causes USCIS to treat the I-485 as abandoned. The EAD card does not authorize international travel. You need the separate Advance Parole document (Form I-131 result) before taking any international trips.
This article is for general informational purposes only and is not legal advice. Green Card Genius is not a law firm and does not provide legal representation. For advice on your specific situation, consult a licensed immigration attorney. Information current as of May 2026.
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