If you’re in the process of applying for a green card through Adjustment of Status (AOS) in the U.S., you may be wondering if you’re allowed to work while your application is being processed. Fortunately, there is a way to gain authorization to work legally during this waiting period, but it’s important to understand the steps involved and the types of work authorization you may be eligible for.

The AOS Process and Work Authorization

Adjustment of Status is the process by which individuals already in the U.S. can apply for lawful permanent residency (a green card) without having to leave the country. While your AOS application is pending, you are typically not authorized to work unless you have received specific permission from the U.S. Citizenship and Immigration Services (USCIS).

Here’s the good news: You can apply for work authorization while your AOS application is being processed, and in many cases, you can start working as soon as you receive approval.

Applying for Work Authorization While AOS is Pending

If you are applying for a green card through AOS, you can submit a Form I-765 (Application for Employment Authorization) along with your AOS application. This allows you to request permission to work in the U.S. while your green card application is still pending. The work permit you receive is called an Employment Authorization Document (EAD).

How It Works

1. Submit Form I-765: You can submit Form I-765 as part of your AOS application, or file it separately if you already have a pending AOS application. You’ll need to provide documentation of your status in the U.S. and other supporting information.
2. Processing Time: It typically takes about 3 to 6 months for USCIS to process your work authorization application. Processing times can vary depending on the service center handling your case, so it’s important to plan ahead.
3. Employment Authorization Document (EAD): Once approved, USCIS will issue you an EAD, which allows you to work legally in the U.S. The EAD is typically valid for one year but can be renewed as long as your AOS application is still pending.

Can I Work Right Away?

While waiting for your EAD, you cannot legally work in the U.S. until USCIS approves your employment authorization. However, once you receive your EAD card, you’re free to work for any employer, in any job, anywhere in the U.S. There are no restrictions on the type of employment, so you have the flexibility to pursue full-time or part-time work, depending on your needs.

What If My EAD Expires Before My Green Card is Approved?

If your EAD expires before your AOS application is approved, you can apply for a renewal by submitting another Form I-765. It’s a good idea to apply for renewal well before your current EAD expires—usually around 6 months in advance—to avoid any gaps in your work authorization.

Navigating the AOS process, including applying for work authorization, can be complex. Working with an experienced immigration attorney ensures that you follow all the proper steps and submit your applications correctly. At Rokas Law Office PLLC we help clients every day to ensure their AOS and work authorization processes go smoothly, without unnecessary delays.

If you’re wondering about your eligibility to work while your AOS is pending, or if you need help with your work authorization application, we’re here to assist. Contact us today for a consultation and let us help you start your path toward lawful permanent residency and the ability to work freely in the U.S.