Work Permit While Waiting for Green Card 2026

If you have a pending green card application (Form I-485), you can apply for a work permit — officially called an Employment Authorization Document (EAD) — at the same time. In most cases, USCIS issues the EAD within 3–6 months, allowing you to work legally in the United States while your green card is being processed. You do not need to wait for a final decision on your I-485 before you can start working.

Who Can Apply for an EAD While Waiting for a Green Card?

Most applicants who have filed Form I-485 (Application to Register Permanent Residence) are eligible to apply for an EAD under the c(9) category. This includes:

• Family-based green card applicants
• Employment-based green card applicants (EB-1, EB-2, EB-3)
• Diversity Visa lottery winners with a pending I-485
• Asylum-based adjustment of status applicants

If you are unsure about your eligibility category, consult an immigration professional such as Ilya Fishkin, immigration attorney, who specializes in adjustment of status cases.

How to Apply: Step-by-Step

Follow these concrete steps to obtain your EAD while your green card application is pending:

• Step 1. File Form I-485 with USCIS if you have not done so already. You may file Form I-765 (Application for Employment Authorization) concurrently with your I-485 at no additional filing fee.
• Step 2. Complete Form I-765. Select eligibility category (c)(9) on the form and attach a copy of your I-485 receipt notice (Form I-797).
• Step 3. Gather supporting documents: two passport-style photos, a copy of your passport bio page, copy of your current visa or status document, and the I-485 filing receipt.
• Step 4. Pay the filing fee. As of 2026, the standalone I-765 fee is $520. If filed together with I-485 for the first time, there is no separate fee for the EAD.
• Step 5. Submit your application package to the correct USCIS Lockbox facility or file online at the USCIS website. Keep copies of everything you submit.
• Step 6. Attend your biometrics appointment if scheduled by USCIS.
• Step 7. Receive your EAD card by mail. It is typically valid for 2 years and can be renewed if your I-485 remains pending.

Processing Times and What to Expect in 2026

As of 2026, USCIS targets an EAD processing time of 3 to 6 months for most I-485-based applicants. Processing times can vary by service center. You can check real-time estimates on the official USCIS website using your form type and filing date. If your EAD is not issued within 90 days of filing (or 30 days for certain humanitarian applicants), you may be entitled to interim employment authorization — contact USCIS or an attorney immediately.

Important: Do not begin working until you physically receive your EAD card. Starting work without proper authorization — even if your application is pending — can jeopardize your green card case.

Renewing Your EAD and Next Steps

If your green card application is still pending when your EAD approaches expiration, you must file a renewal I-765 application. It is recommended to file the renewal at least 6 months before expiration to avoid a gap in work authorization. Once your green card (Form I-551) is approved, the EAD becomes unnecessary — your green card itself authorizes you to work for any employer in the United States without restriction.

• Track your I-485 case status on the USCIS online portal regularly.
• Respond promptly to any Requests for Evidence (RFE) from USCIS.
• Keep your address updated with USCIS at all times using Form AR-11.
• Consult an immigration attorney before filing any additional forms or responding to USCIS notices.

This material is for informational purposes only and does not constitute legal advice