Can I Work While Waiting for My Green Card?
A Louisiana Immigration Law Guide by Bloom Legal Network
Navigating the immigration process in the United States can be overwhelming, especially when your ability to work and support yourself or your family is on the line. One of the most common and important questions we hear at Bloom Legal Network is: “Can I work while waiting for my green card?”
The answer depends on your current immigration status and whether you’ve received specific work authorization. Understanding the rules surrounding employment while your green card is pending can help you avoid mistakes that could jeopardize your case.
Below, we break down what you need to know if you’re living in New Orleans or anywhere in Louisiana and waiting on lawful permanent residency.
Employment Eligibility While Awaiting a Green Card
Generally, if you are applying for a green card from within the U.S. through a process called Adjustment of Status, you cannot legally work unless you have official work authorization from U.S. Citizenship and Immigration Services (USCIS). This authorization comes in the form of an Employment Authorization Document (EAD).
If you’re already in the U.S. and applying for a green card, filing Form I-765 (Application for Employment Authorization) alongside your Form I-485 (Adjustment of Status) allows you to request permission to work legally during the waiting period.
What Is an Employment Authorization Document (EAD)?
The EAD, also known as a work permit, is a photo ID card issued by USCIS that proves you’re legally authorized to work in the United States. You can typically apply for an EAD at the same time as your green card application.
As of now, processing times for EADs vary but usually take several months. That means there could be a waiting period before you’re legally permitted to start work, unless you already hold a valid status that includes work privileges (such as H-1B or L-1 visa holders).
If you live in Louisiana and are unsure about your employment eligibility, speak with a local immigration attorney who understands both federal law and how it’s applied in local immigration courts.
Who Can Work While Waiting for a Green Card?
Here’s a quick breakdown based on common immigration situations:
You can work while waiting for your green card if:
- You already have a valid work visa (such as H-1B, L-1, O-1).
- You applied for and received an EAD after submitting your I-485.
- You’re applying for a green card through asylum, DACA, or TPS, and you’ve received work authorization.
You cannot work while waiting for your green card if:
- You’re in the U.S. on a tourist visa (B-1/B-2).
- You overstayed your visa and haven’t yet applied for work authorization.
- You applied for a green card but did not file Form I-765, or haven’t received your EAD yet.
Unauthorized Work Can Lead to Serious Consequences
If you begin working before you’re authorized, you could be accused of unauthorized employment, which may:
- Jeopardize your green card application,
- Trigger immigration penalties, or
- Affect future naturalization eligibility.
In some cases, working without authorization can even be considered a violation of status that requires a legal waiver to correct.
How Long Does It Take to Get Work Authorization?
In Louisiana and nationwide, EAD processing timelines have fluctuated due to backlogs at USCIS. As of mid-2024, many EAD applications are taking 5 to 10 months, though timelines vary by location and case type.
⚠️ If you’re in the New Orleans area and need to confirm your processing timeline, it’s best to speak with an immigration attorney who works with the USCIS Field Office in Metairie or New Orleans Immigration Court.
Should I File Form I-765 With My Green Card Application?
Absolutely. If you don’t already have employment authorization, filing Form I-765 along with your green card application is the most straightforward way to ensure you’ll be able to work legally while waiting.
When filed together:
- It does not delay your green card process,
- It allows you to stay productive and earn income, and
- It provides peace of mind while your case is pending.
Working in Louisiana While Waiting for Your Green Card
Whether you’re in New Orleans, Metairie, Harahan, or another Louisiana city, the rules are the same — immigration law is federal. However, local courts, employers, and legal systems may differ in how strictly they interpret documentation and timelines. That’s why having an experienced Louisiana immigration attorney on your side makes a difference.
At Bloom Legal Network, we help individuals understand what documents they need and when they’re eligible to begin working.
Need help determining your employment eligibility while your green card is pending? Reach out today and connect with a Louisiana immigration attorney who can guide you.
What About Green Card Applicants Living Abroad?
If you’re outside the U.S. and going through consular processing, you’re not eligible to work in the U.S. until your green card is approved and you physically enter the country. In that case, you’ll need to wait until your immigrant visa is issued and you arrive in the United States before you can legally begin work.
In Conclusion, Don’t Risk Working Without Authorization
Working while waiting for your green card can help you support yourself and build your life in the U.S., but only if you do it legally. Failing to follow the rules could have long-term consequences for your immigration status.
If you’re unsure about your work eligibility or need help filing for an EAD, getting guidance from a skilled immigration attorney in Louisiana is essential.
Get Legal Support You Can Rely On
Immigration law is complex, but you don’t have to navigate it alone. At Bloom Legal Network, we connect you with trusted immigration attorneys in New Orleans and throughout Louisiana who can review your case, help you avoid risks, and get your documentation in order.
📞 Call 504-599-9997
📧 Email us at info@bloomlegal.com
Make sure you’re on the right track while waiting for your green card. The right legal advice today could protect your future!
